Case law

Cantu v. Thaler

632 F.3d 157 · Court of Appeals for the Fifth Circuit · Jan 26, 2011

in the State court proceeding.9 In addressing a claim of ineffective assistance of counsel, the “clearly established 5 Cantu did not advance one of the four claims on appeal. … Taylor, 529 U.S. 362, 391 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”). 12

Georgia Inez Holzhey v. United States

223 F.2d 823 · Court of Appeals for the Fifth Circuit · Jun 30, 1955

At the close of this evidence the trial court ruled that “no constitutional immunity of the defendant here has been •invaded by the search.” … Adding the inferences which should fairly be drawn from the evidence, we think it clearly shown that the cabinet was known to be the property of appellant when entered and searched.

United States v. Breland

647 F.3d 284 · Court of Appeals for the Fifth Circuit · Jul 19, 2011

is fixed by statute, consideration of the § 3553(a) factors may be appropriate to fashion a sentence conforming to the purpose and intent of the original sentence, and that is within the boundaries established … At the revocation hearing, the district court advised Breland that the BOP’s 500-hour drug-treatment program would be available to him, and the record clearly shows that the court determined whether the program would be

United States v. West

58 F.3d 133 · Court of Appeals for the Fifth Circuit · Jun 28, 1995

Clearly, the attempted concealment of these transactions required an established organization and a staff of truck drivers instructed by West on which type of invoice to use. … On appeal, he contends that the government's summary witness, Jannett Reiner, was not qualified to testify as an expert.

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.

Bonney Motor Express, Inc. v. United States

640 F.2d 646 · Court of Appeals for the Fifth Circuit · Mar 25, 1981

It is well-established that the Commission is not precluded from granting new authority even where the services of existing carriers appear to be adequate for the present or future. United States v. … Clearly existing services are not intended to be immune from competition, and here, where an applicant is already demonstrably a significant competitor for the involved traffic, and where the public would reap obvious benefits

Angela Vasquez v. James Ball

390 F. App'x 305 · Court of Appeals for the Fifth Circuit · Jul 23, 2010

In her motion for summary judgment, Officer Chacon asserted that Vasquez had not produced evidence showing the inapplicability of the qualified immunity defense. See Zarnow v. … Vasquez cites cases from other circuits to support her argument that a disputed issue of fact as to qualified immunity should be decided by a jury. See Velasquez v.

George Alvarez v. City of Brownsville

904 F.3d 382 · Court of Appeals for the Fifth Circuit · Sep 18, 2018

We held that a border patrol agent was entitled to qualified immunity for shooting a Mexican national because the law was not clearly established that the Fifth Amendment applied to a foreign citizen injured outside the United … And it is not clearly established that I have to turn over exculpatory evidence when defendants plead.”

Favre v. Sharpe

117 F. 4th 342 · Court of Appeals for the Fifth Circuit · Sep 16, 2024

This is because “nothing in life or our law guarantees a person immunity from occasional sharp criticism,” and “no person avoids a few linguistic slings and arrows, many demonstrably unfair.” Id. … Because Sharpe expressed his views on these “truthful established fact[s],” he argues he was entitled to voice his “sharp criticism” of Favre’s conduct.

Robert Vernon Bruce v. W. J. Estelle, Director, Texas Department of Corrections

536 F.2d 1051 · Court of Appeals for the Fifth Circuit · Aug 9, 1976

Grigson dismissed the other expert opinion as incorrect, claiming that he was the only one truly qualified and experienced enough to arrive at the correct evaluation. … Grigson’s sole explanation was that he was better qualified than they to determine Bruce’s condition, a fact not established in the record.

Bagwell v. Dretke

372 F.3d 748 · Court of Appeals for the Fifth Circuit · Jun 9, 2004

Thus, the shackling of a defendant during trial, a practice that potentially threatens the defendant’s 4 A state court’s decision is “contrary to . . . clearly established Federal law, as determined by … Bagwell does not qualify for any of these limited exceptions.

Mark Tennyson v. Harris County Texas

Court of Appeals for the Fifth Circuit · Apr 14, 2020

The Officers appeal, arguing they are entitled to qualified immunity. We reverse. We review a district court’s denial of a motion for summary judgment de novo. Linbrugger v. … Government officials “are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

Mark Tennyson v. Harris County Texas

Court of Appeals for the Fifth Circuit · Apr 16, 2020

The Officers appeal, arguing they are entitled to qualified immunity. We reverse. We review a district court’s denial of a motion for summary judgment de novo. Linbrugger v. … Government officials “are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

United States v. Marek

238 F.3d 310 · Court of Appeals for the Fifth Circuit · Jan 4, 2001

Does that mean that use of facilities in foreign commerce really does not qualify under the statute? No, of course not. … This alternative use in a legislative report cannot conclusively establish Congress’ intent in drafting the statute. Ultimately, as is often the case, the legislative history is inconclusive, and thus unreliable.

Paul John Matyastik v. United States

392 F.2d 657 · Court of Appeals for the Fifth Circuit · Mar 12, 1968

466(g) reads as follows: “(g) (1) The term ‘duly ordained minister of religion’ means a person who has been ordained,' in accordance with the ceremonial, ritual, or discipline of a church, religious sect, or organization established … There the board was clearly under the erroneous impression that to qualify as a minister under the Act one must be paid for his ministry.” United States v. Stewart, 322 F.2d 592 (4 Cir. 1963) at 595. .

Gordon v. Leatherman

450 F.2d 562 · Court of Appeals for the Fifth Circuit · Nov 8, 1971

These cases are clearly distinguishable. For example, one such case is McCarley v. … Conclusion Section 7.02 of the Dade County Home Rule Charter is, in our opinion, clearly valid.

Orleans Parish School Board v. Earl Benjamin Bush

242 F.2d 156 · Court of Appeals for the Fifth Circuit · Apr 5, 1957

Of course such a suit is prohibited by the principle of sovereign immunity and by analogy to the Eleventh Amendment to the Constitution of the United States. Hans v. … The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” Georgia Railroad & Banking Co. v.

Dresser Industries, Inc. And Consolidated Subsidiaries v. Commissioner of Internal Revenue

911 F.2d 1128 · Court of Appeals for the Fifth Circuit · Sep 19, 1990

In January 1972, Dresser established Dresser International Sales Corp. (“International”), a wholly-owned subsidiary, which qualified as a Domestic International Sales Corporation (DISC) under code section 992. … Code section 993(a)(1)(D) defines qualified export receipts as including "gross receipts from the sale, exchange, or other disposition of qualified export assets.”

Pci Transportation, Inc. v. Fort Worth & Western Railroad Company

418 F.3d 535 · Court of Appeals for the Fifth Circuit · Jul 26, 2005

The contract also establishes the demurrage rate applicable after free time expires. … In the context of the collateral order doctrine, we perceive no difference in the distinction between Eleventh Amendment immunity and remand.

Jordan v. Ector County

516 F.3d 290 · Court of Appeals for the Fifth Circuit · Feb 1, 2008

In considering the Sheriff’s qualified immunity claim, we passed on whether the deputy sheriffs’ conduct fell within the protective curtilage of the First Amendment: It is undisputed that Click and Falcon’s conduct … Ala. 2002) (“The announcement of Burleson’s candidacy, standing alone (i.e., with no evidence of partisanship or opposition to Burleson’s candidacy or his platform), does not present a clearly established constitutional right