Case law

Andrew J. Scott v. Victor G. Walker, Warden of the Louisiana State Penitentiary

358 F.2d 561 · Court of Appeals for the Fifth Circuit · Mar 31, 1966

The commissioners sought qualified names through local merchants and citizens, both Negro and white. … Thus, it is obvious that if Negroes’ names are included in civil jury venires and if they do in fact serve on civil juries and on grand juries as is clearly established by all of the evidence in this case, their names are

United States v. Larry Thompson

811 F.3d 717 · Court of Appeals for the Fifth Circuit · Jan 21, 2016

Because Thompson had not resided in McKinney for thirty days, he argues that he qualifies for a “safe harbor” under the SMART Guidelines. … Because Thompson’s proposed instruction omits crucial qualifying language from the SMART Guidelines, it would have misled the jury regarding when Thompson was required to update his registration.

United Gas Pipe Line Co., and Pennzoil Pipeline Co., Petitioners-Cross v. National Labor Relations Board, Respondent-Cross

471 F.2d 395 · Court of Appeals for the Fifth Circuit · Jan 11, 1973

Harris indicated clearly his understanding that the requested transfer was still under consideration and expressed doubts about its final approval in view of the company’s rule. … The evidence clearly establishes that those who dealt with the transfer request knew it would not be granted unless the one year rule was waived.

Mueck v. La Grange Acquisitions

Court of Appeals for the Fifth Circuit · Aug 4, 2023

Similarly, his ability to concentrate, think clearly, and make decisions was greatly impaired during a binge. … still qualify as a disability.

Rubinstein v. Administrators of the Tulane Educational Fund

218 F.3d 392 · Court of Appeals for the Fifth Circuit · Jul 6, 2000

A prima facie case may be established by a showing that the plaintiff was a member of an identifiable national origin or 10 religion; that he was qualified for the benefit or promotion … “Congress plainly sought to impose two standards of liability--one for establishing a right to compensatory damages and another, higher standard that a plaintiff must satisfy to qualify for

State of Texas v. USA

Court of Appeals for the Fifth Circuit · Nov 9, 2015

We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’” … The district court’s finding was clearly erroneous, however, and I turn to it next. B.

Zoecon Industries, a Division of Zoecon Corporation v. The American Stockman Tag Co., Carolyn Reed and Nelda Poncik

713 F.2d 1174 · Court of Appeals for the Fifth Circuit · Sep 9, 1983

When a confidential employment relationship is established, the employer has a qualified right to secrecy that arises from the relationship and is required by principles of good faith. R. … As in the case at bar, we concluded that the district court’s finding of fact was not clearly erroneous.

Andrew Hawkins v. Town of Shaw, Mississippi

437 F.2d 1286 · Court of Appeals for the Fifth Circuit · Jan 23, 1971

Surely, this was enough evidence to establish a prima facie case of racial discrimination. … The Town of Shaw, indeed any town, is not immune to the mandates of the Constitution. As Mr. Justice White noted in Avery v.

Tywaski King v. James LeBlanc

Court of Appeals for the Fifth Circuit · Aug 8, 2019

In this interlocutory appeal, the officers appeal the denial of qualified immunity. … “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.” Id.

Bridgette McCoy v. Housing Auth of New Orleans, et

714 F. App'x 322 · Court of Appeals for the Fifth Circuit · Oct 18, 2017

To the extent that McCoy challenges the district court’s finding of qualified immunity, it is well established that a “plaintiff must clear a significant hurdle to defeat qualified immunity. . . . … (“Qualified immunity ‘gives ample room for mistaken judgments.’”) (quoting Mendenhall v.

Robert E. Robison v. Wichita Falls and North Texas Community Action Corporation, Etc.

507 F.2d 245 · Court of Appeals for the Fifth Circuit · Jan 15, 1975

“To bring a case within the statute, a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff’s cause of action.” Gully v. … First, no reasons may be stated or the stated reasons for terminating the employee may be clearly insubstantial.

Dao v. Upton

Court of Appeals for the Fifth Circuit · Sep 29, 2021

“Actions and decisions by officials that are merely inept, erroneous, ineffective, or negligent do not amount to deliberate indifference and do not divest officials of qualified immunity.” Alton v. Tex. … As Dao failed to state a cognizable Eighth Amendment claim, the district court correctly found that the defendants were entitled to qualified immunity. See Whitley v. Hanna, 726 F.3d 631, 638 (5th Cir. 2013).

Fromberg, Inc. v. Jack W. Thornhill

315 F.2d 407 · Court of Appeals for the Fifth Circuit · Mar 21, 1963

Consequently, we cannot appraise many of them in the usual terms of the clearly erroneous concept of F.R. … Corp., 5 Cir., 1953, 209 F.2d 111 . *415 As to situations in which intention is clearly established by other evidence, there is some indication that suitability for noninfringing use is no defense.

Joseph v. Jefferson

Court of Appeals for the Fifth Circuit · Nov 10, 2022

Under the test for qualified immunity, we ask “(1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the defendant’s conduct was objectively unreasonable … in the light of the clearly established law at the time of the incident.”

Adam J. Ex Rel. Robert J. v. Keller Independent School District

328 F.3d 804 · Court of Appeals for the Fifth Circuit · May 2, 2003

Adam has not established that the district court erred in concluding that he made progress while in the District. … This is not clearly erroneous.

White v. State of Texas

Court of Appeals for the Fifth Circuit · Apr 26, 2024

White specifically argues that the individual capacity claims against the City employees are not barred by qualified immunity. … “To defeat a defendant’s assertion of qualified immunity, the plaintiff must show ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged

Davidson v. Enstar Corp.

848 F.2d 574 · Court of Appeals for the Fifth Circuit · Jun 30, 1988

The Act does not limit the type of legal entity that can qualify as an employer. … We must first determine whether we look to Louisiana law for the elements of a joint venture or to the well-established law that existed when the LHWCA was enacted.

Eastman Chemical Company v. PlastiPure, Incorporat

775 F.3d 230 · Court of Appeals for the Fifth Circuit · Dec 22, 2014

Advertisements do not become immune from Lanham Act scrutiny simply because their claims are open to scientific or public debate. … Rev. 1815, 1819 (2014) (“Dissemination of a scientific article as part of a company’s marketing campaign is for promotional purposes and therefore qualifies as commercial speech.”).

Gebrgzabher v. Garland

55 F.4th 996 · Court of Appeals for the Fifth Circuit · Dec 19, 2022

participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.” 1 This case asks what sort of actions along the continuum of conduct qualifies … Gebrgzabher was unarmed, he nonetheless hindered detainees from fleeing by standing guard at the checkpoint. 22 Finally, Gebrgzabher’s engagement in purportedly legitimate law enforcement activity does not immunize

David R. Rodriguez v. Pacificare of Texas, Inc., Michael Heistand, M.D.

980 F.2d 1014 · Court of Appeals for the Fifth Circuit · Jan 12, 1993

The Pacificare HMO plan provided to Rodriguez by his employer clearly, meets this test. … The Pacificare plan provided to Rodriguez by his employer, Culligan Water Conditioning, clearly meets the requirements to qualify as an *1017 ERISA welfare benefits plan.