Case law

Lester v. City of College Station

103 F. App'x 814 · Court of Appeals for the Fifth Circuit · Jul 7, 2004

This court reviews de novo the grant of a motion for summary judgment predicated on qualified immunity. Cousin v. Small, 325 F.3d 627, 637 (5th Cir.), cert. denied, 124 S. Ct. 81 (2003). … immunity.

Frame Ex Rel. Castro v. City of Arlington

616 F.3d 476 · Court of Appeals for the Fifth Circuit · Aug 23, 2010

First, under the regulations, sidewalks, curbs, and parking lots are specifically defined as facilities and are clustered with items that clearly do not qualify as “services, programs, or activities,” such as equipment and … Intentional discrimination in the provision of otherwise accessible services, programs, or activities, though also clearly prohibited by Title II, is not at issue in this case and need not be considered. .

Data Marketing Partnership v. LABR

45 F.4th 846 · Court of Appeals for the Fifth Circuit · Aug 17, 2022

First, it’s well-established that “where agency action withdraws an entity’s previously held discretion, that action alters the legal regime, binds the entity, and thus qualifies as final agency action.” Texas v. … The Court, however, did not “clearly define who exactly makes up this class of ‘working owners.’” Id. at 25 n.* (Thomas, J., concurring in the judgment).

Saltz v. Tennessee Dept. of Employment Sec.

Court of Appeals for the Fifth Circuit · Nov 3, 1992

Clearl y the nature of the relief sought by Saltz would qualify as part of the Ex parte Young doctrine; but for some inexplicable reason Saltz has failed or refused to satisfy the other essential ingredient, i.e., suing … In his reply brief, Saltz attempts to avoid the Eleventh Amendment bar by asserting either that the relevant statutes establishing the unemployment compensation scheme contained express Congressional waivers of Eleventh

Hawkland v. Hall

Court of Appeals for the Fifth Circuit · Jun 17, 2021

If he failed to do so, we need not further address the defendants’ invocation of qualified immunity. … After all, to overcome a qualified immunity defense, a plaintiff must plead facts showing “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the

Bel v. United States

452 F.2d 683 · Court of Appeals for the Fifth Circuit · Dec 9, 1971

Therefore, they assert that the district judge's factual determination is clearly erroneous. … Notarial Act of Compromise, disclaimed their legitime in favor of their mother, the above disclaimer provision limited the estate to a marital deduction in an amount equal to that portion of the decedent's property which was immune

Robert Thompson v. T Crnkovich

Court of Appeals for the Fifth Circuit · Oct 9, 2019

Importantly, “qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “The qualified immunity defense has two prongs: whether an official’s conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation.” Brown v.

United States v. Adan Garcia-Figueroa

753 F.3d 179 · Court of Appeals for the Fifth Circuit · Jun 12, 2014

Furthermore, while the children in Garcia–Gonzalez were clearly victimized, it is harder to characterize the aliens smuggled by Garcia- Figueroa as victims. … The party seeking to uphold the sentence has the burden of establishing that an error is harmless. Id.

Bunch v. Bullard

795 F.2d 384 · Court of Appeals for the Fifth Circuit · Jul 21, 1986

Sergeants who then served in an administrative capacity could qualify for promotion to lieutenant. … The content of the clearly erroneous rule is well established: “A finding is ‘clearly erroneous’ when although there is evidence *393 to support it, the reviewing court on the entire evidence is left with the definite and

Sanger Insurance Agency v. HUB International, Limi

Court of Appeals for the Fifth Circuit · Oct 1, 2015

The same conclusion does not so clearly emerge with respect to the fixing of agents’ commissions. . . . … Donnell may be a renowned equine vet, but this alone does not qualify him as an insurance broker for veterinary practices.

Equal Employment Opportunity Commission v. Louisiana Office of Community Services

47 F.3d 1438 · Court of Appeals for the Fifth Circuit · Mar 23, 1995

The EEOC argues first that it presented evidence that Fisher was clearly better qualified than the selectees. … This evidence does not demonstrate that Fisher was clearly better qualified than the applicants selected for the contested positions.

Reigel Fiber Corporation v. Anderson Gin Company, Reibel Fiber Corporation v. Ellis Brothers

512 F.2d 784 · Court of Appeals for the Fifth Circuit · May 9, 1975

Moreover, once it is established that a party is a third party beneficiary, he is fully entitled to enforce the promise made for his benefit. Anderson v. Howard Hall Co., supra, 179 So.2d at 72 . … “[I]t is . well established that the prevailing party below need not cross-appeal to entitle him to support the judgment in his favor on grounds expressly rejected by the court below.” Swarb v.

C. G. Ball (Margaret Eliza Ball, Temporary Administratrix, Etc., Substituted in Place of C. G. Ball, Deceased) v. Victor Adding MacHine Company

236 F.2d 170 · Court of Appeals for the Fifth Circuit · Sep 12, 1956

Since the Pension Trust inaugurated to qualify under the statute was, and had to be, established for the sole and exclusive benefit of the covered employees, it is unrealistic to say that the Employer ceases to have any connection … This does not subject the Employer to a personal liability beyond its contributions (or those it has clearly agreed to make so long as the plan remains effective).

Burton v. Waller

502 F.2d 1261 · Court of Appeals for the Fifth Circuit · Oct 18, 1974

Professor Prosser describes cases such as Moore and Oliver as examples of 'clearly established double fault and alternative liability.' 116 There is one special type of situation in which the usual rule that the burden of … It may be called that of clearly established double fault and alternative liability.

Lopez v. Ramirez

Court of Appeals for the Fifth Circuit · Jul 9, 2026

The defendants assert absolute legislative immunity and qualified immunity (jointly, “QI”) from alleged First Amendment violations. 2 The law is settled that a defendant can invoke the collateral order doctrine to take an … The mediation order should have been sufficient to establish appellate jurisdiction over this interlocutory appeal from the denial of qualified immunity.

United States v. John Joseph Vaccaro Samuel C. Matrana Joseph Edward Jackson Victor Robert Heackley

115 F.3d 1211 · Court of Appeals for the Fifth Circuit · Jun 11, 1997

The jury acquitted Ether-idge, Joe Gagliano pled guilty, and Carroll testified under a grant of immunity. … The measure is whether a reasonable trier of fact could have found that the evidence established guilt beyond a reasonable doubt.

Lucille McKee v. Midland Independent Sch Dist, et

393 F. App'x 235 · Court of Appeals for the Fifth Circuit · Sep 1, 2010

The court held that (1) qualified immunity does not apply to § 1985(3) claims and, in the alternative, (2) McKee’s complaint demonstrates a course of conduct that was objectively unreasonable in light of clearly established … In an interlocutory appeal of a denial of qualified immunity, we may only consider whether “a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.”

Department of Texas, Veterans of Foreign Wars of the United States v. Texas Lottery Commission

760 F.3d 427 · Court of Appeals for the Fifth Circuit · Jul 28, 2014

However, in 1980, the Texas Constitution was amended to establish an exception to this prohibition for charitable bingo. Id. § 47(b). … The Texas Lottery Commission was originally a defendant, but it was dismissed based on sovereign immunity. . We agree with the panel majority’s conclusion that the Charities have standing to sue.

Boos v. AT&T, INC.

643 F.3d 127 · Court of Appeals for the Fifth Circuit · Jun 3, 2011

Concession is structured so that an OOR retiree may only receive reimbursement for qualified telephone expenses. … Concession does not provide OOR retirees with a fixed income; rather, they are reimbursed for qualified telephone expenses.

Hershey v. City of Bossier City

Court of Appeals for the Fifth Circuit · Feb 6, 2026

decision already on the books establishing the violation. … Naturally, Richard Hershey took the en banc dissental at its word, and jumped at the chance to brief the religious liberty and qualified immunity issues that the dissental purportedly invited him to present.