Case law

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.

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 .

S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of Labor, Standard Roofing & Sheet Metal, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of Labor, S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of Labor

672 F.2d 426 · Court of Appeals for the Fifth Circuit · Apr 5, 1982

The Act clearly distinguishes between proceedings at the agency level and proceedings on appeal; thus we decline to view the former as merely a continuation of the latter. 3 See 28 U.S.C. § 2412 (d)(3); compare 28 U.S.C. … Nor, in fact, does the standard require the Government to establish that its decision to litigate was based on a substantial probability of prevailing. 30 Id. at 11, 1980 U.S.Code Cong. & Ad.News at 4990.

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.

O'Neal Ex Rel. Estate of O'Neal v. City of San Antonio

344 F. App'x 885 · Court of Appeals for the Fifth Circuit · Aug 31, 2009

O’Neal’s Claims Against the Officers Qualified immunity protects a public official from liability unless a plaintiff has shown a deprivation of a federal right and that the defendant’s misconduct violated a “clearly … Appellants argue that Offices Hancock and Stanush are not entitled to qualified immunity.

Amber Ibarra v. United Parcel Service, Inc.

695 F.3d 354 · Court of Appeals for the Fifth Circuit · Sep 13, 2012

The grievance process established in the CBA forms the exclusive remedy for Ibarra’s Title VII claim only if the CBA clearly and unmistakably waives Ibarra’s right to pursue her Title VII claim in a judicial forum. … Turning to the CBA in this case, we ask whether it “clearly and unmistakably requires union members” to submit their Title VII claims to the grievance process established by the agreement.16 An answer requires a close look

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.

Briar Capital Working Fund v. Remmert

91 F.4th 376 · Court of Appeals for the Fifth Circuit · Jan 22, 2024

Preference actions clearly qualify as “property of the estate” under this section. … In re Simply Essentials, LLC, 78 F.4th 1006 (“the avoidance actions clearly qualify as property of the estate under subsection (7)”).

United States v. Samuel S. Smith and Grover Lamar Lee, A/K/A Poss

588 F.2d 111 · Court of Appeals for the Fifth Circuit · Jan 17, 1979

Next, the statute requires that the clerk maintain a qualified jury wheel, which shall consist of “all persons drawn from the master jury wheel who are determined to be qualified as jurors and not exempt or excused pursuant … Clearly, then, the significant issue here would be whether the Government had proved that a conspiracy continued as alleged.

Avant v. South Central Bell Telephone Co.

716 F.2d 1083 · Court of Appeals for the Fifth Circuit · Oct 11, 1983

Further, this decision— that Bell had not treated Avant in a discriminatory manner by not hiring him — like any other factual finding of a district court, will stand unless clearly erroneous under F.R.Civ.P. 52(a). … Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), a plaintiff may establish a prima facie case of racial discrimination by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified

Allen Calton v. Brad Livingston

478 F. App'x 77 · Court of Appeals for the Fifth Circuit · Apr 19, 2012

The defendants asserted the affirmative defense of qualified immunity and eventually filed motions for summary judgment. … A government official whose conduct does not violate a plaintiff’s clearly established constitutional rights is entitled to qualified immunity from liability. See Pearson v. Callahan, 555 U.S. 223, 231 (2009).

United States v. Ted Banks and Don Adams

465 F.2d 1235 · Court of Appeals for the Fifth Circuit · Dec 11, 1972

Ronald George was a participant in the alleged criminal activities but turned government witness, was granted immunity, and became the chief witness against the defendants. … Without reference to the language in the various opinions written in connection with the Judgment of the Supreme Court in Harris, we think the affidavit presently before us clearly met the requirements which even Mr.

United States v. Jackson

30 F.4th 269 · Court of Appeals for the Fifth Circuit · Mar 30, 2022

The “unexpected and indefensible” qualifier recognizes that most judicial decisions apply retroactively. … To establish the underlying simple robbery, the state had to prove a crime that falls within the ACCA’s elements clause.

Speech First, Incorporated v. Gregory Fenves

979 F.3d 319 · Court of Appeals for the Fifth Circuit · Oct 28, 2020

Speech First has clearly shown a credible threat of enforcement of those policies upon its members. … Speech First has established an injury in fact. D.

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.

Carrie J. Cox, for Michael K. Cox, S.S. Nvk-Tp-Ducg v. Richard S. Schweiker, Secretary of Health and Human Services

684 F.2d 310 · Court of Appeals for the Fifth Circuit · Aug 30, 1982

[the insured’s] death” in order to qualify as a dependent child. 42 U.S. C.A. § 402(d)(1)(C) (1974). … In essence, Michael Cox was denied entitlement to surviv- or’s benefits on the basis of a clearly unconstitutional state intestacy law.

Brown v. City of Monroe

Court of Appeals for the Fifth Circuit · Nov 4, 2024

To determine whether qualified immunity applies, we engage in a two- part inquiry: (1) whether the official's conduct violated the plaintiff’s statutory or constitutional rights; and (2) whether the right was “clearly established … Therefore, our analysis into whether Zordan is entitled to qualified immunity stops here.

Fernandes v. Limmer

663 F.2d 619 · Court of Appeals for the Fifth Circuit · Dec 11, 1981

Furthermore, the legislative immunity discussed in Lake Country Estates, supra, on which defendants strongly rely, applies only to immunity from damage awards. … Regardless of the legislative immunity which might be afforded the D/FW Board members, they are not immune from a § 1988 fee award in their official capacities as law enforcers. 86 The distinction between costs and damages

Iselin v. La Coste

147 F.2d 791 · Court of Appeals for the Fifth Circuit · Feb 12, 1945

Beyond doubt the allegations of the complaint and the admissions of the answer revealed a controversy within the jurisdiction of the Court which would not be lost unless some material averment as to jurisdiction was later clearly … Whether such surrender of a personal immunity be conceived negatively as a waiver or jmsitively as a consent to be sued, is merely an expression of literary preference.