Case law

One Beacon Ins. Co. v. CROWLEY MARINE SERVICES

648 F.3d 258 · Court of Appeals for the Fifth Circuit · Aug 19, 2011

Bay Drilling Corp., 783 F.2d 527, 540 (5th Cir. 1986) (“Long-established general principles of interpreting indemnity agreements [in maritime contracts] require that indemnification for an indemnitee’s own negligence be clearly … And, unlike in Orduna, the RSO clearly referred to a particular document—Crowley’s website—containing these terms and conditions.

Ed Arrington v. The City of Fairfield, Alabama

414 F.2d 687 · Court of Appeals for the Fifth Circuit · Aug 7, 1969

This federal official deposed that it was a slum area and would qualify for federal urban renewal assistance. … The agreement of the City of Fairfield to do that which it clearly had the au *696 thority to do (regardless of whether a motel was or was not built) furnished the starved shadow of the federal question which is sought to

Robby Trevino v. City of Fort Worth

Court of Appeals for the Fifth Circuit · Nov 27, 2018

The officers moved to dismiss based on failure to state a claim and qualified immunity. … any officers violated clearly established law at the time of the incident.

Shavonda Bailey v. City of San Antonio, Tex

Court of Appeals for the Fifth Circuit · Jul 13, 2017

The instant defendants are entitled to qualified immunity if their use of force was “objectively reasonable in light of clearly established law at the time the challenged conduct occurred.” 13 “[W]hile the right to be free … Appellants’ entire argument on this second prong of the qualified immunity test is that ‘it is clearly established in the law that citizens are protected against unjustified, excessive police force.’

Owens v. Texaco, Inc.

857 F.2d 262 · Court of Appeals for the Fifth Circuit · Dec 6, 1988

Because the district court's findings of fact are clearly erroneous, we reverse. Facts 2 Bobby N. … The court was clearly erroneous in concluding that Owens was entitled to retroactive seniority.

Ibenyenwa v. Wells

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

“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232 (2009). … Ibenyenwa asserts vaguely that the district court’s application of qualified immunity was “conclusory.”

De Aguilar v. Boeing Co.

47 F.3d 1404 · Court of Appeals for the Fifth Circuit · Mar 7, 1995

The parties appear to dispute exactly what took place, 5 though both sides agree that plaintiffs' counsel refused to say that the plaintiffs had been appointed by a qualified court … principles of law and plaintiff can, therefore, recover more on his state claim than the jurisdictional minimum, the case is removable; and, where plaintiff's cause of action and the relief actually sought clearly

United States v. The City of Palm Beach Gardens

635 F.2d 337 · Court of Appeals for the Fifth Circuit · Jan 26, 1981

It is well established that Congress may create a right of action without restricting the time within which the right must be exercised. Occidental Life Insurance Co. v. … The doctrine that the mere passage of time cannot foreclose the rights of the United States derives from the common law principle that immunity from limitations periods is an essential prerogative of sovereignty.

Jane Doe v. Covington County Sch Dist, et a

Court of Appeals for the Fifth Circuit · Apr 13, 2012

Qualified Immunity The district court held in the alternative that, even if the Does had stated a constitutional claim, the Education Defendants sued in their individual capacities were entitled to qualified immunity … , because any right to governmental protection based upon a special relationship between Jane and her school was not clearly established at the time that Jane was victimized.

Mitchell v. Sunshine Department Stores, Inc.

292 F.2d 645 · Court of Appeals for the Fifth Circuit · Jul 26, 1961

Walling, 324 U.S. 490 , 65 S.Ct. 807 , 89 L.Ed. 1095 , where it was held that the central office and warehouse of a chain store system do not qualify for the “retail establishment” exemption. … While the Supreme Court mentioned that Phillips’ warehouse serviced retail stores located in different states, that fact clearly did not form a basis for the Supreme Court’s decision.

Marion W. Jackson v. Elliott L. Richardson, Secretary of Health, Education and Welfare

449 F.2d 1326 · Court of Appeals for the Fifth Circuit · Oct 26, 1971

In order to qualify for disability benefits under the Social Security Act, a claimant must have impairments which deprive him of his capacity to work to the extent that he is unable to engage in any substantial gainful activity … But the evidence presented by Jackson clearly establishes his impairment, as the Secretary in his brief concedes.

Dorothy Frazier v. The Board of Trustees of Northwest Mississippi Regional Medical Center

765 F.2d 1278 · Court of Appeals for the Fifth Circuit · Jul 22, 1985

The Court continued: But it seems clearly to have been the intent of Congress to permit such an interlocutory award only to a party who has established his entitlement to some relief on the merits of his claims, either in … Frazier clearly suffered a nervous breakdown in the past.

Rolen v. City Brownfield TX

182 F. App'x 362 · Court of Appeals for the Fifth Circuit · May 30, 2006

No. 04-11469 -2- to the defendants’ claims of qualified immunity, the plaintiffs must show that a government official violated a constitutional right that was clearly established at the … - established right.

Fennell v. Marion Independent School District

804 F.3d 398 · Court of Appeals for the Fifth Circuit · Oct 13, 2015

“Ineffective responses . . . are not necessarily clearly unreasonable.” Sanches, 647 F.3d at 168. … As an initial matter, Defendants do not assert qualified immunity on appeal, and thus have waived this defense. See United States v. Scroggins, 599 F.3d 433, 446–47 (5th Cir. 2010).

Larry W. Moore and Naomi W. Moore, Larry W. Moore v. U.S. Department of Agriculture, on Behalf of Farmers Home Administration

993 F.2d 1222 · Court of Appeals for the Fifth Circuit · Jun 30, 1993

This statement apparently reflected the policy of the Agriculture Department in implementing the Socially Disadvantaged Farm Ownership Outreach program, established pursuant to the Agricultural Credit Act of 1987, 7 U.S.C … His claim is that his application for the position of kitchen orderly should not be denied solely because of his race, clearly unconstitutional conduct- Inmates have a constitutional right to be free from racial discrimination

Ensley Branch of the N. A. A. C. P. v. Seibels

616 F.2d 812 · Court of Appeals for the Fifth Circuit · May 8, 1980

We cannot conclude that this finding is clearly erroneous. … Both the DOJ Guidelines and the Uniform Guidelines contain provisions on interim use which expressly deny an employer immunity in the event his pending validation study does not ultimately establish validity.

Bram Ates v. B & D Contracting, Inc.

487 F. App'x 201 · Court of Appeals for the Fifth Circuit · Sep 4, 2012

The Ateses aver that B & D’s personnel services contract with Halter obligated B & D to provide trained and qualified employees. … It is undisputed that B & D was required to provide the “training necessary to qualify [B & D’s] employees.”

Vote.Org v. Paxton

39 F.4th 297 · Court of Appeals for the Fifth Circuit · Jul 2, 2022

Organizational standing requires the organization to establish its own standing premised on a cognizable Article III injury to the organization itself. Id. … Section 1983, the defendants point out, specifies that state actors who subject a person “to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party

Mishon Thompson v. Mario Campos

691 F. App'x 193 · Court of Appeals for the Fifth Circuit · Jun 22, 2017

While the plaintiff has the burden to negate the officers’ assertion of qualified immunity, all inferences from the evidence must be drawn in her favor. Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010). … The record before us does not justify reversal of the summary judgment based on qualified immunity.

Eunice Edna Necaise, Substituted as Administratrix of the Estate of Willard L. Necaise, Deceased v. The Chrysler Corporation

335 F.2d 562 · Court of Appeals for the Fifth Circuit · Jul 28, 1964

Buick Motor Co. (1916), 217 N.Y. 382 , 111 N.E. 1050 , L.R.A. 1916F, 696 , the immunity of manufacturers has been undermined and eroded. Numerous exceptions have been established by the development of the law. … A manufacturer or assembler who produces such an article as a result of negligent manufacture and sells it to one clearly within the range of persons expected to use it owes a legal duty to such person to use reasonable care