Case law

Barnes v. Pierce

338 F. App'x 373 · Court of Appeals for the Fifth Circuit · Jul 10, 2009

Therefore, the defendants are entitled to qualified immunity on this First Amendment claim. See Freeman v. Gore, 483 F.3d 404, 410-11 (5th Cir. 2007). … The district court was within its discretion to deny discovery given that the defendants raised a qualified immunity defense. 4  No. 08-40620 See

United States v. Mark Randall Windsor

488 F.2d 1364 · Court of Appeals for the Fifth Circuit · Apr 2, 1974

its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within the statutory definition. 380 U.S. at 176 , 85 S.Ct. at 859 . … must establish his sincerity to the Local Board.

Moreau v. Klevenhagen

956 F.2d 516 · Court of Appeals for the Fifth Circuit · Mar 31, 1992

One letter concerns incentive payments made to employees following the completion of educational or career development programs and is clearly not applicable to the instant case. … The County now requires its officers to qualify only once each year. . 29 C.F.R. 785.27 (1989). . 29 C.F.R. 553.226(b) (1989) (emphasis added).

Ruth E. Hughes, Individually and as Representative of the Estate of Sherman Hughes, Sr., Deceased v. The Tobacco Institute, Inc. Philip Morris, Inc. Brown & Williamson Tobacco Corporation R.J. Reynolds Tobacco Co. B.A.T. Industries Plc Lorillard Tobacco Co. The American Tobacco Company Liggett Group, Inc. United States Tobacco Company the Council for Tobacco Research Usa, Inc., Carlis Cole, Carlis Cole Charles Cole Louis Ardoin Charles Banks Ruth Davis Donald French Lois French Linda Goodwin Daniel Hughes Barbara Orr Darrell Orr, Sr. Dale Sonnier Agnes Vondy, Individually & as Representative of the Estate of Luanne Davis, Deceased Kaffie Williams, Individually & as Representative of the Estate of Jules Williams, Sr., Deceased Frank O'Pry Joseph Wray, the Son of Thomas H. Wray, Deceased, & Paula Wray Ewing, of the Estate of Thomas H. Wray, Deceased Patricia Gibson, Individually & as Representative of the Estate of Danny Gibson, Deceased & as Next Friend of Paul Gibson, Patrick Gibson, Bryan Gibson, Gayla Gibson & Gabrielle Gibson, Minors, Steven Faircloth, Intervenor v. The Tobacco Institute, Inc. Philip Morris, Incorporated Brown & Williamson Tobacco Corporation R.J. Reynolds Tobacco Company B.A.T. Industries Plc Lorillard Tobacco Company the American Tobacco Company Liggett Group, Inc. United States Tobacco Company the Council for Tobacco Research Usa, Inc.

278 F.3d 417 · Court of Appeals for the Fifth Circuit · Dec 28, 2001

To establish an open court's violations, the plaintiff must establish that (1) he or she has a well-established, cognizable common law cause of action that is being abrogated or restricted, and (2) that restriction of the … The district court concluded that the Plaintiffs failed to establish the first prong, i.e. that they had a well-established, cognizable common-law claim that § 82.004 abrogated or restricted. We agree.

Teresa Gonzalez v. USA

851 F.3d 538 · Court of Appeals for the Fifth Circuit · Mar 22, 2017

The United States enjoys sovereign immunity from suit, meaning it cannot be sued without consent. 5 “The FTCA is recognized as providing a waiver of sovereign immunity and provides the sole basis of recovery for tort claims … It states, “[s]tandard colors have been established for specific purposes and types of signs.

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.

St. Martin v. Mobil Exploration & Producing U.S. Inc.

224 F.3d 402 · Court of Appeals for the Fifth Circuit · Aug 16, 2000

However, the evidence on nutria eat-outs did not clearly establish their responsibility for the damage. Dr. … Martins have clearly established a strong personal interest in the marsh and the possibility of an additional commercial interest does not foreclose damages under Roman Catholic Church . .

Billie J. Atkinson v. Gates, McDonald & Company

838 F.2d 808 · Court of Appeals for the Fifth Circuit · Mar 31, 1988

It obviously makes no sense for the employer’s agent not to have the immunity which the employer would if carrying out the same actions directly. … Under the scheme established in section 14, the employer has the unfettered right to controvert a claim for compensation and, if thé employer does so, no compensation is due until an award is made.

Fed. Sec. L. Rep. P 97,615 Dan J. Croy and Anne S. Croy v. Winfield M. Campbell

624 F.2d 709 · Court of Appeals for the Fifth Circuit · Aug 22, 1980

The Croys were of the opinion that the relationship was not established until approximately one month later. … We cannot say, however, that the court’s findings were clearly erroneous.

Lillie Slaughter-Cooper, M.D. v. Kelsey Seybold Medical Group P.A.

379 F.3d 285 · Court of Appeals for the Fifth Circuit · Aug 25, 2004

"Although waiver is ordinarily a question of fact, when the facts and circumstances are admitted or clearly established, the question becomes one of law." Motor Vehicle Bd. of the Texas Dept. of Transp. v. … After a qualifying absence, the employer must restore the employee to the same position or a position comparable to that held by the employee before the leave. See id.

Lupis v. City of Texas City

Court of Appeals for the Fifth Circuit · Nov 5, 2024

Qualified immunity appeals based on legal error are reviewed de novo. Marks v. Hudson, 933 F.3d 481, 485 (5th Cir. 2019). … “The qualified immunity analysis has two components: (1) whether a plaintiff alleges . . . the violation of a federal constitutional or statutory right; and (2) whether the right in question was clearly established at the

Rodriguez v. Conagra Grocery Prod

436 F.3d 468 · Court of Appeals for the Fifth Circuit · Jan 10, 2006

Rodriguez establish three elements: (1) At the time he sought employment he had a “disability” within the meaning of the ADA; (2) he was qualified for the position for which he sought employment; and (3) he … Such generalizations about diabetes clearly influenced the district court’s resolution of this case, as shown by its characterization of diabetes as “generally controllable.” See Rodriguez, No. 4:03-CV-055-Y, at 7.

Kourtney Rodgers v. State of LA Board of Nursing

665 F. App'x 326 · Court of Appeals for the Fifth Circuit · Nov 8, 2016

The court clearly and unambiguously established page limits and deadlines both through oral instructions and in the Briefing 3 As Rodgers’ counsel clarified at oral argument, she is not challenging whether the … Midcal Aluminum, Inc., established a two-prong test for Parker immunity: (1) “the challenged restraint must be ‘one clearly articulated and affirmatively expressed as state policy’”; and (2) “the policy must be ‘actively

Leclerc v. Webb

444 F.3d 428 · Court of Appeals for the Fifth Circuit · Aug 18, 2005

Finding the defendants judicially immune, a magistrate judge granted the motion. … Next, rejecting the defendants’ immunity defenses, we find that they are amenable to the instant suits.

Edmonds v. Illinois Central Gulf Railroad

910 F.2d 1284 · Court of Appeals for the Fifth Circuit · Sep 10, 1990

Moreover, Edmonds sought to establish a link between this accident-induced stress and his worsening coronary artery disease. … Clearly, then, his subjective opinion on this medical issue is not admissible.

19 Fair empl.prac.cas. 576, 9 Empl. Prac. Dec. P 10,180 United States of America v. Coffeeville Consolidated School District, Stephen Brown v. Coffeeville Consolidated School District

513 F.2d 244 · Court of Appeals for the Fifth Circuit · Oct 10, 1975

Be that as it may, it seems to me that any minimally qualified school teacher would be well aware of the obvious connotations of displaying this sticker. … I do not think that this Court has ever intended to place the badge of immunity on mouth tapings and gun shibboleths.

Florence Wattles Hartz, Margaret Elwyn Roth and Globe Indemnity Company v. United States

387 F.2d 870 · Court of Appeals for the Fifth Circuit · Jan 11, 1968

This concept is clearly defined in United States v. Miller, 303 F.2d 703 (9th Cir. 1962) cert. denied 371 U.S. 955 , 83 S.Ct. 507 , 9 L.Ed.2d 502 . … Clearly, the controller was the one better qualified by training, experience and vantage position to estimate time and distance and it was his duty to direct and guide the Bonanza in a manner consistent with its safety and

Spruill v. Watson

157 F. App'x 741 · Court of Appeals for the Fifth Circuit · Dec 13, 2005

Because Spruill's appeal only claims error in the district court's finding of qualified immunity, we do not address the state law claims or the finding of official immunity. 2 On appeal, Spruill provides the following … Because Spruill’s allegations and summary judgment evidence do not suffice to establish the violation of a constitutional right, Watson is entitled to qualified immunity.

Jeneal Meredith v. Time Insurance Company

980 F.2d 352 · Court of Appeals for the Fifth Circuit · Jan 6, 1993

We have devised a comprehensive test for determining whether a particular plan qualifies as an “employee welfare benefit plan”; we ask whether a plan: (1) exists; (2) falls within the safe-harbor provision established by … Alexander Grant Co. 30 we considered whether ERISA applied to a plan which, though otherwise qualified, only covered partners.

Melissa Hopkins v. William Karman

550 F. App'x 218 · Court of Appeals for the Fifth Circuit · Dec 23, 2013

immunity because even if he intended to seize Whitehead, his use of force in the circumstances was not unreasonable according to clearly established law at the time. … Indeed, if we interpret the complaint charitably, the magistrate judge’s qualified-immunity analysis may be incorrect.