Case law
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Captain John H. Frazier, Jr. v. Howard H. Callaway, Secretary of the Army
504 F.2d 960 · Court of Appeals for the Fifth Circuit · Nov 22, 1974
The Army has attempted to establish the longevity of its immediacy interpretation 3 of Section 3258 by producing the Army regulations in effect in 1949. These regulations clearly state an immediacy requirement. … The establishment of qualifications for reenlistment in the Regular Army is the prerogative of the Secretary of the Army.
Cited 4 timesPublishedRobert Weisler, III v. Jefferson Parish Sheriff's
Court of Appeals for the Fifth Circuit · Jun 18, 2018
Qualified immunity shields government officials from suits for damages unless a plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … He argues that courts should consider officers’ actual reasons for making arrests in the qualified immunity analysis and that the qualified immunity doctrine is contrary to § 1983.
Cited 0 timesUnpublished29 F.4th 262 · Court of Appeals for the Fifth Circuit · Mar 23, 2022
District Attorneys shall hold office for a term of four years, and until their successors have qualified. Tex. Const. art. … And we will assume, for the sake of argument, that Arnone is right that “none of the actors in Daves took any action before the establishment of probable cause nor did any of those actors participate in the determination
Cited 22 timesPublished46 F.3d 447 · Court of Appeals for the Fifth Circuit · Apr 10, 1995
The district court did not find that the FBI promised Boyd immunity or any other incentive for his cooperation. … The testimony establishes that Boyd was not and has not been charged in any indictment.
Cited 78 timesPublishedJames Roy Gosa v. J. A. Mayden, Warden, Federal Correctional Institution, Tallahassee, Florida
450 F.2d 753 · Court of Appeals for the Fifth Circuit · Oct 12, 1971
Clearly then, grand and petit jury protections were the core rights sought to be vouchsafed. … His right to be free of such restraints is clearly established in the Constitution itself and not in decisional precedent.
Cited 13 timesPublished158 F.3d 882 · Court of Appeals for the Fifth Circuit · Oct 23, 1998
Whitley‘s original complaint clearly requests both monetary and injunctive relief. … the pleadings to qualified immunity).
Abrogated on other grounds by Booth v. Churner, 532 U.S. 731 (2001)Cited 115 timesPublished366 F.2d 34 · Court of Appeals for the Fifth Circuit · Jul 20, 1966
The Court clearly distinguished the concept of jury qualifications from the method of selection. 47 In his dissent, Mr. … Discrimination can arise from the action of commissioners who exclude all negroes whom they do not know to be qualified and who neither know nor seek to learn whether there are in fact any qualified to serve.
Cited 6 timesPublished515 F.2d 908 · Court of Appeals for the Fifth Circuit · Jul 11, 1975
In 1969 this court ordered the Yazoo City Municipal Separate School District to establish a unitary school system. See United States v. Hinds Cty. … That action clearly violated Singleton's requirement that the district give Ward the right of first refusal for a position for which he is qualified. 8 Thus Singleton entitles Ward to reinstatement as an elementary science
Cited 0 timesPublishedOccidental Chemical Corp. v. Elliott Turbomachinery Co.
84 F.3d 172 · Court of Appeals for the Fifth Circuit · Jun 3, 1996
The district court's interpretation of article 2004 clearly qualifies for de novo review. In reviewing the issue, we must use the same criteria as the district court, see General Elec. Capital Corp. v. … Article 2004 establishes that Elliott cannot contract in advance to limit its liability for gross negligence.
Cited 29 timesPublishedRobert McClure v. Tdcj Corrections Department, Et
Court of Appeals for the Fifth Circuit · Jan 24, 2012
clearly established law.” … We have the discretion to decide which prong of the qualified immunity analysis will be addressed first. See Pearson v. Callahan, 555 U.S. 223, 236 (2009).
Cited 0 timesUnpublishedRauscher 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.
Cited 24 timesPublishedUnited States v. Phillip Horton
993 F.3d 370 · Court of Appeals for the Fifth Circuit · Apr 6, 2021
A factual finding “is not clearly erroneous as long as it is plausible in light of the record as a whole.” United States v. Jeffries, 587 F.3d 690, 692 (5th Cir. 2009). … Accordingly, we conclude that the district court made the implicit factual finding that the underlying conduct of Horton’s state offenses did not qualify as relevant conduct.
Cited 10 timesPublishedCourt of Appeals for the Fifth Circuit · Feb 12, 2008
Heym,29 an FTCA case in which the government requested that a damages award take the form of a judicially established trust for the victim’s benefit. … The relaxation of sovereign immunity is peculiarly a matter of legislative concern, responsibility and policy.
Cited 0 timesPublished731 F.3d 405 · Court of Appeals for the Fifth Circuit · Sep 26, 2013
Appellants have also argued they are “clearly better qualified” than Solis and, thus, this finding supports an inference of pretext. … better qualified” than Solis, this finding would support an inference of pretext.
Cited 248 timesPublishedUnited States v. James W. Williams
424 F.2d 344 · Court of Appeals for the Fifth Circuit · Mar 26, 1970
Certainly the Parr decision cannot have the effect of according immunity to any person for filing false reports merely because the law requires reports to be filed. … I have admitted the opinion of the witness because he has qualified himself. At least he has answered the questions to the jury as to the extent of his qualifications, which would entitle him to express an opinion.
Cited 17 timesPublishedUnited 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.
Cited 131 timesPublishedClifford Latham v. Matthew Faulkner
538 F. App'x 499 · Court of Appeals for the Fifth Circuit · Aug 12, 2013
PER CURIAM:* This is an interlocutory appeal in which the Defendant officers and city challenge the district court’s denial of their motion for summary judgment on the basis of qualified immunity. … Weaver that we have no jurisdiction to hear an interlocutory appeal where the district court denied summary judgment based on qualified immunity, except to the extent that the appeal turns on an issue of law. 367 F.3d 337
Cited 2 timesUnpublishedJoseph Cotropia v. Mary Chapman
Court of Appeals for the Fifth Circuit · Mar 12, 2018
entitled to qualified immunity. … In showing that the defendant’s actions violated clearly established law, the plaintiff need not rebut every conceivable reason that the defendant would be entitled to qualified immunity, including those not raised by the
Cited 0 timesUnpublishedMary Harville v. City of Houston, Mississippi
945 F.3d 870 · Court of Appeals for the Fifth Circuit · Dec 19, 2019
. § 1981 and 4 The lack of a degree would not however preclude an otherwise qualified candidate from being considered. 5 Sanford was also previously employed as the Accountant and Public Utilities Office … While she highlights her experience in the office, she cannot show that she was “clearly better qualified” than Sanford given Sanford’s education and experience. 35 Assuming that Harville established a prima facie case, the
Cited 102 timesPublishedYsleta 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 timesPublished
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