Case law
Opinions from 1658 to today.
10,000+ results
2.73s
Joe Cobarobio v. Midland County Texas
Court of Appeals for the Fifth Circuit · Aug 21, 2017
Qualified immunity protects government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Hathaway v. … To defeat the defense of qualified immunity, Cobarobio must plead facts to show a violation of a right that was clearly established at the time of the incident and 2 Case: 15
Cited 0 timesUnpublishedYsleta del Sur Pueblo v. State of Tex.
Court of Appeals for the Fifth Circuit · Oct 24, 1994
state's immunity. … A state's sovereign immunity under the Eleventh Amendment includes immunity from suits brought by Indian tribes. Blatchford v. Native Village of Noatak, 111 S. Ct. 2578 (1991).
Cited 0 timesPublishedArthur L. Jackson v. William L. Morrow
404 F.2d 903 · Court of Appeals for the Fifth Circuit · Dec 4, 1968
It contained 6,000 names of qualified jurors. … This is clearly a long way from establishing the make-up of the larger source — the jury box of 6,000 names. The venire was what remained after all excuses had been allowed.
Cited 18 timesPublished912 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.
Cited 149 timesPublishedCourt 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.
Cited 0 timesPublishedMerchants Fast Motor Lines, Inc. v. Interstate Commerce Commission
5 F.3d 911 · Court of Appeals for the Fifth Circuit · Nov 1, 1993
The fundamental standards governing the nature of interstate transportation are clearly established. … We are satisfied therefore that none of petitioners' claims qualify as an attack on the ICC's power to act.
Cited 62 timesPublishedApolinar 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.
Cited 27 timesPublishedArthur C. Payne, Cross-Appellee v. Panama Canal Company, Cross-Appellant
607 F.2d 155 · Court of Appeals for the Fifth Circuit · Nov 26, 1979
He contends that Congress, by establishing the PCC as a corporate entity capable of suing and being sued in its corporate name, see C.Z.Code, tit. 2, § 65, waived the sovereign immunity of the United States and subjected … In the instant case, while Congress waived sovereign immunity by establishing the PCC as a sue and be sued corporation, it conditioned its waiver by requiring that claims for back pay arising from an unjustified personnel
Cited 71 timesPublishedUnited 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.)).
Cited 26 timesPublishedNicole Burton v. Freescale Semiconductor, Inc., et
Court of Appeals for the Fifth Circuit · Aug 11, 2015
“The ADA prohibits an employer from discriminating against a ‘qualified individual with a disability on the basis of that disability.’” E.E.O.C. v. … Burton points out that she worked an additional six months after the incident, meaning it was “clearly not a sufficient justification for her termination.”
Cited 0 timesPublished698 F.2d 786 · Court of Appeals for the Fifth Circuit · Feb 25, 1983
The initial survey question was a “qualifier:” “Approximately how many times in an average month do you, yourself, fry fish or other seafood?” … This finding is not clearly erroneous and therefore is affirmed.
Abrogated on other grounds by KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111 (2004)Cited 167 timesPublishedUnited States v. Calvin Windless
719 F.3d 415 · Court of Appeals for the Fifth Circuit · Jun 12, 2013
The Sex Offender Registration and Notification Act (SORNA) established “a comprehensive national system for the registration of [sex] offenders.”1 SORNA requires each state to maintain a statewide sex-offender registry.2 … Callahan, 555 U.S. 223, 236 (2009) (recognizing appellate court discretion to “decid[e] which of the two prongs of the qualified immunity analysis should be addressed first.”). 11 Johnson, 648 F.3d at 277
Cited 54 timesPublishedKempe v. Ocean Drilling & Exploration Company
876 F.2d 1138 · Court of Appeals for the Fifth Circuit · Jul 24, 1989
Secs. 1961-1968 , (RICO) immunizes a civil complaint from the doctrine of forum non conveniens. … When an alternative forum has jurisdiction to hear the case, and when trial in the plaintiff's chosen forum would "establish ... oppressiveness and vexation to a defendant ... out of all proportion to plaintiff's convenience
Cited 1 timesPublished632 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.
Cited 105 timesPublishedUlysee Franklin v. G. S. Fortner, Superintendent, Florida State Prison
541 F.2d 494 · Court of Appeals for the Fifth Circuit · Oct 29, 1976
The division shall establish a Reception and Classification Center for male prisoners at Lake Butler. … He must clearly indicate a valid reason for not initially bringing his complaint to the attention of the institutional staff.
Cited 9 timesPublished610 F.2d 350 · Court of Appeals for the Fifth Circuit · Jan 25, 1980
the Internal Revenue Code of 1954, 26 U.S.C. § 1341 . 3 The section provides for a compensatory tax adjustment where an item is declared as income and taxed in one year, and in a subsequent year has to be returned. 4 To qualify … The requirements of Section 1341 were thus clearly satisfied.
Cited 19 timesPublishedCourt of Appeals for the Fifth Circuit · Jan 29, 1999
Most recently we explained: We have held that a plaintiff can take his case to a jury with evidence that he was clearly better qualified than [other] employees who were selected for the position … McCall was better qualified than he.
Cited 0 timesPublished410 F.2d 715 · Court of Appeals for the Fifth Circuit · May 19, 1969
the oil and gas in place underlying Barksdale Air Force Base, the State could not be prevented from levying severance taxes on the production of oil and gas therefrom. 7 Out opinion in Mississippi River Fuel Corporation clearly … Now the Collector seeks in effect to relitigate this question of law which we have already settled on the identical question of law, involving the identical federal military establishment. 10 There is no difference between
Cited 0 timesPublishedBroussard v. Procter & Gamble Co.
517 F.3d 767 · Court of Appeals for the Fifth Circuit · Feb 13, 2008
Extensive warnings on the box, the individualized pouch, and the package insert, however, qualified this promotional language.1 For example, both the box and the pouch warned that consumers should “[a]sk a doctor before use … Finally, the package insert clearly warned consumers “who may be particularly sensitive to heat” to check their skin periodically and to wear the heatwrap over a thin layer of clothing. Mrs.
Cited 10 timesPublished650 F.2d 608 · Court of Appeals for the Fifth Circuit · Jul 13, 1981
The root of plaintiff's case is that the district court could not properly reach this conclusion because he was clearly better qualified than Lightsey. 3 The record does not bear out the argument that Tucker is clearly better … qualified that Lightsey.
Cited 0 timesPublished
Ask Donna