Case law

McLellan v. Mississippi Power & Light Co.

526 F.2d 870 · Court of Appeals for the Fifth Circuit · Feb 5, 1976

And with respect to the fourth element, he alleges loss of, inter alia, wages and benefits, thus establishing the requisite injury. … The Sixth Circuit recently addressed this question and concluded that “§ 1985’s protection reaches clearly defined classes, such as supporters of a political candidate.

Knatt v. Hospital Service District No. 1 of East Baton Rouge Parish

327 F. App'x 472 · Court of Appeals for the Fifth Circuit · May 12, 2009

Analysis under the well-established McDonnell Douglas framework proceeds as follows: (1) the plaintiff must first establish a prima facie case of discrimination; (2) the burden then shifts to the defendant to provide a legitimate … To establish a prima facie case, Knatt must show that: (1) he is a member of a protected class, (2) he was qualified for staff privileges, (3) he suffered an adverse employment action, and (4) others similarly situated were

Barnes v. Madison

79 F. App'x 691 · Court of Appeals for the Fifth Circuit · Nov 4, 2003

Hury, 646 F.2d 1010, 1013 (5th Cir. 1981).10 All of the other officials in this suit are entitled to assert the defense of qualified immunity. … With respect to federal claims under § 1983, this means that they cannot be held liable unless their conduct was objectively unreasonable in light of clearly established law. See Harlow v.

Equal Employment Opportunity Commission v. Manville Sales Corp.

27 F.3d 1089 · Court of Appeals for the Fifth Circuit · Aug 3, 1994

A showing that a discharged employee was clearly better qualified than younger retained employees is merely one of many ways that a plaintiff can show that a reduction-in-force was a mere pretext for age discrimination. … The EEOC and Mitte may prevail without a showing that he was clearly better qualified than those employees who were not terminated. Inc., 975 F.2d 169, 173-74 (5th Cir.1992).

Estate of Harry M. Hudgins, Deceased, Lee C. Hudgins and Harry Hudgins Ii, Co-Independent Executors v. Commissioner of Internal Revenue

57 F.3d 1393 · Court of Appeals for the Fifth Circuit · Sep 5, 1995

ownership and qualified use of the property. … Clearly, then, the Estate did not initially comply fully with the requirements for electing special use valuation.

Patrick Fluker v. Ronald King

679 F. App'x 325 · Court of Appeals for the Fifth Circuit · Feb 9, 2017

immunity. … Finally, turning to the issue of whether Appellees are entitled to qualified immunity, we hold that this issue is moot because Fluker has not stated the denial of a constitutional right. Wells v.

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).

77 Fair empl.prac.cas. (Bna) 1555, 73 Empl. Prac. Dec. P 45,349 Vera Ann Nichols, Plaintiff-Appellee-Cross-Appellant v. Lewis Grocer, a Division of Supervalu, Inc., Lewis Grocer, a Division of Supervalu, Inc., Defendant-Appellant-Cross-Appellee

138 F.3d 563 · Court of Appeals for the Fifth Circuit · Apr 3, 1998

Louisiana Office of Community Services, 47 F.3d 1438 , 1444 (5th Cir.1995) ("A factfinder can infer pretext if it finds that the employee was 'clearly better qualified' (as opposed to merely better or as qualified) than the … her to be 'clearly better qualified' for it.

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”).

United States v. Hugh Don Smith

605 F.2d 839 · Court of Appeals for the Fifth Circuit · Oct 31, 1979

The government, therefore, sought to establish the scheme by introducing Smith’s plea and sentence. … The Advisory Committee Notes to Rule 613 spell out clearly' that the rule does not cover “impeachment by evidence of prior inconsistent conduct”.

United States v. Gutierrez-Hernandez

581 F.3d 251 · Court of Appeals for the Fifth Circuit · Aug 28, 2009

. § 3553(a) factors; (4) determining a sentence based on clearly erroneous facts; or (5) failing to adequately explain the chosen sentence, including an explanation for any deviation from the Guidelines range.” 2 Under this … But one of those factors is the sentence established by the guidelines.15 The properly-calculated guideline sentencing range is the point from which the court may vary, a necessary factor in determining reasonableness

Anwar v. INS

107 F.3d 339 · Court of Appeals for the Fifth Circuit · Jun 16, 1997

Only the sexual battery conviction falls into the qualifying five-year time frame. … It is clearly established that the Fifth Amendment of the United States Constitution entitles aliens to due process of law in deportation proceedings. Animashaun v.

Jackie L. And Janet G. McDonald v. Commissioner of Internal Revenue

764 F.2d 322 · Court of Appeals for the Fifth Circuit · Jun 28, 1985

McDonald’s stock certificates were clearly marked by restrictions appearing on the face of the certificates that indicated their nonregis-tration and the presence of the transfer restrictions. 4 . … The "incentive stock option” provided for in section 422A was established in 1981. See note 9, supra. 15 .

Castillo v. City of Round Rock

177 F.3d 977 · Court of Appeals for the Fifth Circuit · Mar 16, 1999

In response to motions for summary judgment filed by the Defendants on grounds of qualified immunity, the district court denied dismissal, concluding that genuine issues of material fact precluded such a disposition of … The Defendants timely filed notices of appeal from the court’s interlocutory refusal to dismiss all claims on grounds of qualified or official immunity.

Hartland Dean West v. Kerr-Mcgee Corporation

765 F.2d 526 · Court of Appeals for the Fifth Circuit · Jul 18, 1985

In Gaudet, though, all factors other than the contract overwhelmingly established the plaintiffs' borrowed-employee status. … Absent a clearly expressed legislative intent to the contrary, the language must ordinarily be regarded as conclusive." Consumer Product Safety Commission v.

Leona Weber, in Behalf of John R. Zimmerman and Billie Zimmerman, Petitioner v. Rudy Garza, U. S. Marshall

570 F.2d 511 · Court of Appeals for the Fifth Circuit · Feb 9, 1978

Zimmerman and Billie Zimmerman on the 4th day of October, it should be clearly understood that this Court does not at this time recognize or accept Leona Weber as the true and lawful attorney to act for either of them in … The application did not establish any reason or explanation of the necessity for resort to the “next friend” device, and none appears on the record.

National Labor Relations Board v. Great Dane Trailers, Inc.

363 F.2d 130 · Court of Appeals for the Fifth Circuit · Jun 24, 1966

by this Company to count as part of the qualifying time. … It has long been established that a finding of violation under this section will normally turn on the employer’s motivation. See Labor Board v.

Robinson v. Kimbrough

620 F.2d 468 · Court of Appeals for the Fifth Circuit · Jun 30, 1980

There are no issues on this appeal concerning the defendants' individual liability or their right to a qualified immunity defense. … Since there are no findings by the trial court on the availability of the affirmative defense of qualified immunity, this Court declines to decide the issue in the first instance without the assistance of the district court's

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.

Lon Brown v. Daniel Lynch

Court of Appeals for the Fifth Circuit · Apr 22, 2013

Qualified Immunity As a public official, Officer Lynch is entitled to qualified immunity on Brown’s § 1983 unlawful arrest and excessive force claims unless (1) Brown has “adduced sufficient evidence to raise a genuine … Clearly established law At the time of the incident, the law was clearly established in this circuit that repeatedly striking a non-resisting suspect is excessive and unreasonable force.49 Because facts bearing on