Case law

United States v. Edward King and Mose Franklin Pearson

517 F.2d 350 · Court of Appeals for the Fifth Circuit · Aug 8, 1975

There, we rejected appellant’s contention that, having passed through an initial customs checkpoint, but not having left the customs inspection area, he was immune from a further search by. a roving customs officer. … Louis airport after a nonstop flight from Mexico City would clearly be the functional equivalent of a border search.” (Footnote omitted.)).

Jody McCreary v. Loyd Massey

366 F. App'x 516 · Court of Appeals for the Fifth Circuit · Feb 18, 2010

Also, we do not address defendants’ claim of qualified immunity. … The issues we have addressed go to the first prong of the qualified- immunity analysis, which is whether there was a constitutional violation in the first place.

Edward Bowen and Donald Westbrook v. Charlie Watkins

705 F.2d 753 · Court of Appeals for the Fifth Circuit · May 23, 1983

At the time of the transfer decision, which we again emphasize is the crucial time in establishing motive for the transfer, the Detective Division, in which Bowen and Westbrook were sergeants, had three lieutenants. … None of these vacancies had been filled at the time of trial even though the plaintiffs were qualified for the positions.

Paul L. WHATLEY, Plaintiff-Appellant, v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY, Defendant-Appellee

632 F.2d 1325 · Court of Appeals for the Fifth Circuit · Dec 19, 1980

With this aim in' mind, MARTA established a committee known as the “Compliance Committee.” … The findings of the trial court are clearly not erroneous and, therefore, the judgment is AFFIRMED. 1 . The trial court, relying on our decision in Zambuto v.

United States v. Roberts

624 F.3d 241 · Court of Appeals for the Fifth Circuit · Oct 15, 2010

Neither does it reference Roberts’s extensive criminal history which qualifies him as a career offender. 1 This is unsurprising. … For drug offenders such as Roberts, Chapter Two establishes what is clearly labeled a “Base Offense Level” solely on the basis of the quantity of drugs. See § 2Dl.l(e).

Pierce v. Department of the United States Air Force

512 F.3d 184 · Court of Appeals for the Fifth Circuit · Dec 21, 2007

As explained above, the duty titles in this case do not qualify as identifying particulars. … Specifically, to qualify as a “record” under the Privacy Act, the information must be “about” the individual. Id.

Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United States

891 F.2d 1154 · Court of Appeals for the Fifth Circuit · Jan 16, 1990

“Motions for a new trial or to alter or amend a judgment must clearly establish either a manifest error of law or fact or must present newly discovered evidence. … The Patient’s Compensation Fund is funded through annual surcharges levied on all qualified health care providers. La.Rev.Stat.Ann. 40:1299.44(A) (West 1977 & Suppl.1988).

Regina Goldston v. City of Fort Worth

Court of Appeals for the Fifth Circuit · Aug 23, 2019

Anderson moved for summary judgment based on qualified immunity. The district court granted Anderson’s motion, finding that Goldston did not show that Anderson violated a clearly * Pursuant to 5TH CIR. … When a defendant claims qualified immunity as a defense, the burden shifts to the plaintiff, who must rebut the defense. McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002).

Frances U. Brennan, as of the Last Will and Testament of William J. Brennan, Deceased, Etc. v. A. J. O'donnell, District Director of Internal Revenue

426 F.2d 218 · Court of Appeals for the Fifth Circuit · May 12, 1970

Rule 16 establishes machinery for the achievement of that purpose. Fed. R.Civ.P. 16. … “The position of this Court was clearly stated in Laird v.

George W. Preston v. John E. Mandeville as Clerk of the Thirteenth Judicial Circuit of Alabama(mobile County)

428 F.2d 1392 · Court of Appeals for the Fifth Circuit · Jul 7, 1970

For racial discrimination to result in the exclusion from jury service of otherwise qualified groups not only violates our Constitution and the laws enacted under it but is at war with our basic concepts of a democratic society … We hold that those defendants charged with compiling and maintaining jury rolls have a duty, once a prima facie case is established against them, to come forward with such proof as will clearly demonstrate the correct status

Rauscher Pierce Refsnes, Inc. v. Federal Deposit Insurance Corporation

789 F.2d 313 · Court of Appeals for the Fifth Circuit · May 9, 1986

CONCLUSION Our government has for many years recognized the importance of establishing the stability of and confidence in the nation’s banking system. … Clearly the FDIC is and should be an agency of the United States government as that term is defined in Rule 12(a) of the Federal Rules of Civil Procedure.

StarTran, Inc. v. Occupational Safety & Health Review Commission

608 F.3d 312 · Court of Appeals for the Fifth Circuit · Jun 8, 2010

Capital Metro was established in 1985 under Texas law (then T EX. R EV. C IV. S TAT. art. 1118x). … StarTran has claimed it is entitled to governmental immunity under the Texas Tort Claims Act (see T EX. C IV. P RAC. & R EM.

United States v. Hugo Ortiz

Court of Appeals for the Fifth Circuit · Jul 20, 2012

The court explained: “Diaz-Soto, of course, would have been very unlikely to testify before the grand jury without a promise of immunity from the Government. … See, e.g., McNeil, 911 F.2d at 774 (“While Simms’s testimony may have added something to the Government’s case in this regard, it clearly was cumulative, not essential.”).

Bozé v. Branstetter

912 F.2d 801 · Court of Appeals for the Fifth Circuit · Sep 25, 1990

As Chevron’s policy manual clearly states, such referral was only an initial step in a grievance proceeding. … We hold that a qualified privilege exists as to both the performance evaluation and the comments.

Graves v. Hampton

Court of Appeals for the Fifth Circuit · Aug 26, 1993

A witness is entitled to absolute immunity from section 1983 damage claims, even if it is alleged that the witness committed perjury.10 Because all three defendants are immune from suit, dismissal under section 1915 … Because his claims clearly lack an arguable basis in law, the trial court's dismissal should have been with prejudice.

Johnson v. Goodyear Tire & Rubber Co.

491 F.2d 1364 · Court of Appeals for the Fifth Circuit · Mar 27, 1974

It is obvious to us that where employment discrimination has been clearly demonstrated, employees who have been victims of that discrimination must be compensated if financial loss can be established. … of the plant as well as to insure that any employee seeking to exercise these transfer rights is reasonably qualified for the job sought.

Apolinar Hernandez-Garza v. Immigration and Naturalization Service

882 F.2d 945 · Court of Appeals for the Fifth Circuit · Aug 29, 1989

But to establish gain, the INS must prove by clear and convincing evidence that Hernandez received a tangible and substantial financial benefit from Arnulfo which clearly exceeded foreseeable expenses. Soto-Hernandez v. … In doing so the immigration judge dismissed counsel’s observation that a qualified interpreter was present. In this the judge erred.

United States v. John C. Mueller

902 F.2d 336 · Court of Appeals for the Fifth Circuit · May 22, 1990

In this case the court was not clearly erroneous in finding Mueller a mere average participant while Segler was a leader. … Actual findings of the district court at sentencing are reviewed under a clearly-erroneous standard. See United States v.

Bankr. L. Rep. P 71,575 in Re Richard Laverne Chandler, Debtor. Richard Laverne Chandler v. Rachel Chandler

805 F.2d 555 · Court of Appeals for the Fifth Circuit · Jan 14, 1987

Chandler qualified for direct payments from the Army. We are persuaded that Mrs. Chandler’s position in her original complaint, that the $450.00 monthly payments are her sole property and not simply an obligation of Mr. … Chandler fails to show that this finding is clearly erroneous. In addition, there is no support for Mr.

Richard D. Skipper v. Superior Dairies, Inc., a Corporation

512 F.2d 409 · Court of Appeals for the Fifth Circuit · May 5, 1975

The outer limits of activities that might be said to qualify under this secondary meaning would, it seems to us, be those involved in the Sugar Cane case, supra. … The employee may qualify as an employee employed in the capacity of outside salesman if, and only if, the facts clearly indicate that he is employed for the purpose of making sales and that he is customarily and regularly