Case law

Jones v. Kerrville State Hospital

142 F.3d 263 · Court of Appeals for the Fifth Circuit · Jul 15, 1998

Jones has filed a motion to supplement the record with the district court's order establishing the exact amounts of front and back pay. … The ADA protects disabled persons who are "otherwise qualified". 42 U.S.C. § 12112 (a).

Justen Hall v. Rick Thaler, Director

504 F. App'x 269 · Court of Appeals for the Fifth Circuit · Dec 21, 2012

Before this court, Hall argues that reasonable jurists could debate the con- clusion that the CCA’s denial of his claim was not contrary to or an unreasonable application of clearly established federal law. … The decisions of the lower federal courts, however, do not “con- stitute ‘clearly established Federal law, as determined by the Supreme Court,’ [and] therefore cannot form the basis for habeas relief under AEDPA.”

Donovan v. District Lodge No. 100, International Ass'n of Machinists & Aerospace Workers

666 F.2d 883 · Court of Appeals for the Fifth Circuit · Feb 1, 1982

Here they clearly were not. The employees could have made arrangements to vote. … As argued by defendant, the preliminary support requirements in District 22, supra were much more severe than those present here, and clearly they resulted in the exclusion of “an undetermined number of otherwise qualified

United States v. Graves

5 F.3d 1546 · Court of Appeals for the Fifth Circuit · Oct 20, 1993

Graves unsuccessfully contested the motion, contending that such a limitation would be "contrary to the established standards of cross-examination and confrontation". … Whether one believes Graves was urging Myron Palermo to lie or not, - 18 - he was clearly attempting to "influence" the grand jury testimony of Myron Palermo in arguable violation of

Scott v. Moore

640 F.2d 708 · Court of Appeals for the Fifth Circuit · Mar 26, 1981

First, the evidence is sufficient to establish a conspiracy among some of the Council's constituent unions and individual defendants. … McLellan establishes that section 1985(3) was not intended to redress every conceivable private interference with another's rights.

Gilchrist v. Schlumberger

Court of Appeals for the Fifth Circuit · Jul 14, 2025

“With respect to the underlying facts, the employer has the burden of establishing that an exemption applies by a preponderance of the evidence.” Fraser v. … Because that example in the regulations does not qualify as an administrative duty, the district court reasoned, the MWDs’ inspection work could not qualify. The court’s comparison was improper.

Charles D.O. Kline v. North Texas State University, C.C. Nolen

782 F.2d 1229 · Court of Appeals for the Fifth Circuit · Feb 14, 1986

The defendant-appellants contend that they have qualified immunity from suit unless their “conduct ... violate[d Kline’s] clearly established ... constitutional rights.” Harlow v. … We fail to see how these acts, under any theory of proximate causation, can establish the crucial causal connection between these defendant-appellants’ acts and Kline’s alleged constructive discharge. C.

Dr. Joseph G. Bussey, Jr., M. D. And Amy Jackson, P. A. v. Patricia Roberts Harris, Secretary of Health and Human Resources

611 F.2d 1001 · Court of Appeals for the Fifth Circuit · Feb 13, 1980

The Medicare program, however, is not a comprehensive health insurance program and still contains significant gaps in its coverage ... in areas of immunizations, drugs, therapeutics, optometries, and dental care services. … The third of these requirements seems to require that the service is commonly furnished by some qualified person incident to a physician’s treatment, but not to require that the service is performed only by a physician if

Charles Ben Howell, and Ken E. MacKey v. The Supreme Court of Texas

885 F.2d 308 · Court of Appeals for the Fifth Circuit · Oct 11, 1989

The same are void, or alternatively, are not immune from collateral attack. … This principle has been well established since 1923, when in Rooker v.

26 Fair empl.prac.cas. 1725, 27 Empl. Prac. Dec. P 32,183 Mary Welch, Plaintiff-Appellee-Cross v. The University of Texas and Its Marine Science Institute, Defendant- Appellant-Cross

659 F.2d 531 · Court of Appeals for the Fifth Circuit · Oct 15, 1981

On that form, she indicated that her termination was involuntary and clearly stated that she had been forced to resign by her supervisor. … sex discrimination under Title VII, plaintiff must first prove by a preponderance of the evidence that (i) she is a member of a protected class, (ii) she was qualified for the job from which she was discharged, (iii) she

John Fulford v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary

692 F.2d 354 · Court of Appeals for the Fifth Circuit · Nov 29, 1982

At trial, Fulford’s accomplice, James Knight, who was granted immunity in return for his testimony, stated that he drove a green Oldsmobile to and from the crime. … William McCray, a qualified psychiatrist, who examined Fulford in his cell for about 50 minutes on the day before trial. Dr.

A & D International, Inc., a Florida Corporation v. United States of America and M & H Brokerage, Inc.

665 F.2d 669 · Court of Appeals for the Fifth Circuit · Jan 11, 1982

. § 2680 provides for exceptions to the general waiver of sovereign immunity provided for in the Federal Tort Claims Act. … Because the government could not establish non-delivery with an inventory, it was required to establish the reasonableness of its actions. It presented evidence concerning its handling of the briefcase.

Rudolfo Rivera v. Roberta Kalafut

456 F. App'x 325 · Court of Appeals for the Fifth Circuit · Jul 27, 2011

Even if true, this does not prove Parsley would not be entitled to qualified immunity, however, since an official may still be entitled to qualified immunity if the conduct’s unconstitutionality were not clearly established … Cnty. of Comal, 400 F.3d 284, 289 (5th Cir. 2005) (noting that in qualified immunity cases, the “court must decide whether the plaintiffs’ allegations, if true, establish a violation of a clearly established right”).

26 Fair empl.prac.cas. 1230, 26 Empl. Prac. Dec. P 32,101 Jeanine W. Wilkins and Sharon D. Hill v. The University of Houston

654 F.2d 388 · Court of Appeals for the Fifth Circuit · Aug 28, 1981

That finding is not subject to the clearly erroneous standard of review; rather, the reviewing court must make an independent determination of the ultimate fact issue of discrimination. … Further, the number of available women qualified to hold faculty instructor or assistant professor positions may be significantly different from the number qualified to hold positions as associate or full professors, as the

Robert Ayala v. Aransas County

Court of Appeals for the Fifth Circuit · Jul 2, 2019

“To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” … Given Ayala’s failure to point to clearly established law that is factually relevant, we agree with the district court that Ciarletta is entitled to qualified immunity on this record. B.

8 Fair empl.prac.cas. 1079, 8 Empl. Prac. Dec. P 9712 Pearl G. Long v. c.b.sapp, Jr., Etc.

502 F.2d 34 · Court of Appeals for the Fifth Circuit · Oct 4, 1974

Although it appears that plaintiff was qualified for these jobs, her failure to apply precludes any finding of racial discrimination. … That is clearly not the situation in the case sub judice 4 Pond v.

Jane Doe v. Office of Refugee Resettlement

884 F.3d 269 · Court of Appeals for the Fifth Circuit · Mar 1, 2018

The federal government enjoys sovereign immunity from involuntary compliance with state court orders, yet the essential purpose of the lawyers’ ex parte state court proceeding was to evade and deny ORR’s status and immunity … ORR, indeed, suggested a highly qualified attorney to become Doe’s neutral guardian ad litem in this federal court matter.

Acme Car & Truck Rentals, Inc. v. James Hooper

331 F.2d 442 · Court of Appeals for the Fifth Circuit · Jul 17, 1964

However, it is clear that each of the three witnesses offered by the defendant was qualified to state both his personal opinion and the general opinion of persons in the industry as to what was recognized as “retail” within … It *448 cannot be said that such transactions are clearly viewed as retail within the industry.

United States v. Melvin C. Scott and Charles F. Everett, Jr.

795 F.2d 1245 · Court of Appeals for the Fifth Circuit · Aug 7, 1986

The defendants simply failed to clearly allege, much less prove, how the passage of time in this case up to the indictment caused them any actual or substantial prejudice. … Having reviewed the record, the Court finds that Chief Judge Stagg carefully and correctly disposed of each motion and that he clearly did not abuse his discretion.

Preziosi v. LA Dept Child & Fam

Court of Appeals for the Fifth Circuit · Nov 5, 2025

As a result, “[f]ederal courts are without jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly … Because the Defendants are clearly entitled to immunity under the Eleventh Amendment, we hold that that the district court correctly granted Defendants’ motion to dismiss for lack of subject-matter jurisdiction.