Case law

Herbert Hay v. Rick Thaler, Director

470 F. App'x 411 · Court of Appeals for the Fifth Circuit · Jun 8, 2012

The individual defendants moved for summary judgment, claiming they were entitled to qualified immunity and Eleventh Amendment immunity, and that Hay failed to establish a claim under the Eighth Amendment, ADA, or Rehabilitation … or Eleventh Amendment immunity, but provides no argument or evidence in support of this allegation.

Kirks v. Dallas Tx City of

Court of Appeals for the Fifth Circuit · Aug 16, 1996

Finally, Rollins and Hatler contend the district court erred in rejecting their defense of qualified immunity. … Click held, however, that "[t]he law was established clearly enough in this circuit in January 1988 that a reasonable officer should have known that if he retaliated against an employee for exercising his First Amendment

Andrea Dupree v. Jackson HMA, L.L.C.

495 F. App'x 422 · Court of Appeals for the Fifth Circuit · Oct 22, 2012

The FTCA waives the United States government’s sovereign immunity for claims arising out of torts committed by federal employees. Ali v. Fed. … Furthermore, Dupree has not established that she meets any of the bases for equitable tolling. See Manning v. Chevron Chemical Co., LLC, 332 F.3d 874, 880 (5th Cir. 2003).

Max WIDER, Appellant, v. Dale WOOTTON, Trustee of the Estate of Ronald Cohen, Appellee

907 F.2d 570 · Court of Appeals for the Fifth Circuit · Sep 6, 1990

To qualify for this defense, Wider must show that the payments he received were (1) settlement payments, and (2) made by a stockbroker. … In the present case, the record clearly indicates that Cohen’s clients paid for the securities Cohen purchased only after Cohen had obtained a certificate and sent a confirmation slip.

United States v. Robert Edward Johnson

476 F.2d 1251 · Court of Appeals for the Fifth Circuit · Mar 20, 1973

Clearly that indictment fully informed the Defendant of the specific act for which criminal liability was sought to be imposed — complete with time, place and circumstance. … Clearly the status of being a civil rights worker affords no special status under the Selective Service System.

Clifford 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

Sealy Power, Ltd. v. Commissioner

46 F.3d 382 · Court of Appeals for the Fifth Circuit · Feb 15, 1995

The partnership refers to the distinction between § 48(a)(1)(A), "tangible personal property," which qualifies for the investment tax credit "irrespective of whether it is used as an integral part" of a qualified activity … , and § 48(a)(1)(B), "other tangible property," which qualifies for the credit only if it used as an integral part of a qualifying activity.

United States v. Dorothy R. Garber

589 F.2d 843 · Court of Appeals for the Fifth Circuit · Mar 26, 1979

Stimulation involved increasing the concentration of antibodies in her blood by injecting small amounts of selected human red blood cells into her blood; this procedure heightened her existing immunity to blood with a foreign … She argues correctly that in order to secure a conviction for tax evasion under section 7201 the prosecution must establish the existence of a tax liability owed by the defendant. Sansone v.

Richard Austin Greene v. Raymond D. Massey, Superintendent, Union Correctional Institution

706 F.2d 548 · Court of Appeals for the Fifth Circuit · Jun 6, 1983

By using the precise terminology “lacking in establishing beyond a reasonable doubt” the highest court in Florida seems to have clearly said that there was insufficient evidence to permit the jury to convict petitioner at … The Court then noted that the situation was confused by the fact that three of the four justices who joined in the per curiam disposition expressly qualified their action by “specially concurring” in an opinion which discussed

Eddie Wooten v. McDonald Transit Assoc, Inc.

788 F.3d 490 · Court of Appeals for the Fifth Circuit · Jun 10, 2015

Holtzclaw unequivocally added a fourth element to the claim—a plaintiff who sought re-employment under the ADEA must prove as a part of his prima facie case that he was qualified for his position. … Accordingly, we hold that McDonald Transit has not borne its burden to show that its default was excusable, and we cannot say, on this record, that the district court’s factual finding of willfulness was clearly erroneous

Joseph J. Attwell v. Honorable H. E. Nichols, Chief Justice of the Supreme Court of Georgia

608 F.2d 228 · Court of Appeals for the Fifth Circuit · Dec 14, 1979

He alleges that he is an experienced attorney of 43 years, fully qualified to practice law in Georgia. … Appellant clearly failed to state a cause of action upon which relief could be granted pursuant to the principle of separation of powers. II.

SEC. & Exch. Comm'n v. Arcturus Corp.

928 F.3d 400 · Court of Appeals for the Fifth Circuit · Jun 27, 2019

And when it comes to the investors’ actual experience, the record does not clearly entitle the SEC to summary judgment. … Notably, all of these practical difficulties with removing the defendant were established at trial.

Diane Elder Garza v. Brownsville Independent School District

700 F.2d 253 · Court of Appeals for the Fifth Circuit · Mar 17, 1983

. §§ 2000e, et seq., by appointing a male to the position for which she was at least equally qualified because the principal of the School, defendant Martin, had a pre-existing preference for hiring a man rather than a woman … That reason, if valid, would deny reinstatement on hiring preference to every victim of discrimination even though Title VII clearly contemplates such relief.

George H. Jett v. Albert Barnes Zink, Howard M. Pack v. Albert Barnes Zink Etc.

362 F.2d 723 · Court of Appeals for the Fifth Circuit · Aug 11, 1966

And they say that this is clearly established by the fact that Jett, Chamberlain, Pack, Kahn and Geo. H. Jett Drilling Co. are all represented by the same counsel. We do not agree. … It is horn book law that fraud is never presumed but must be established by clear and persuasive evidence.

John Lansdell v. Lee Miller

Court of Appeals for the Fifth Circuit · Aug 19, 2020

On this claim, the district court determined that Miller was entitled to qualified immunity. … To defeat a claim for qualified immunity, a plaintiff must show that the right he claims was violated “was ‘clearly established’ at the time of the violation.” Tolan v.

United States v. Romeo Trinidad Flores, Jr.

985 F.2d 770 · Court of Appeals for the Fifth Circuit · Feb 25, 1993

Saenz, 747 F.2d 930, 936 (5th Cir.1984). 10 .The rule provides in pertinent part that a statement will qualify under this exception if "at the time of its making ... … Following this description, the opinion concludes by stating: "In the light of all of the foregoing circumstances, we conclude that the trustworthiness of Fred’s statements is clearly established by corroborating circumstances

Burrell v. Dr Pepper Seven Up

Court of Appeals for the Fifth Circuit · Apr 3, 2007

The district court only assessed whether Burrell had established that he was “clearly better qualified” than Koester. … that he was "clearly more qualified

Wal-Mart Distribution Center 6016 v. Occupational Safety & Health Review Commission

819 F.3d 200 · Court of Appeals for the Fifth Circuit · Apr 6, 2016

The ALJ thus concluded that the Secretary had established that Wal-Mart had violated § 1910.132(d)(1). … However, the appendix is clearly and explicitly designated as non- mandatory. 29 C.F.R. § 1910.132 (“Non-mandatory appendix B contains an example of procedures that would comply with the requirement for a hazard assessment

Director, Office of Workers' Compensation Programs v. Donzi Marine, Inc.

586 F.2d 377 · Court of Appeals for the Fifth Circuit · Dec 14, 1978

In that respect, the circumstances relating to the standing question in this case are very clearly distinguishable from those in the cited cases arising under the FCMHSA. … At the time of the FCMHSA's enactment, the LHWCA did not require qualified administrative law judges as hearing officers but was subsequently amended to do so.

Bradshaw v. Pittsburg Independent School District

207 F.3d 814 · Court of Appeals for the Fifth Circuit · Apr 11, 2000

As a threshold requirement to constitutional protection, the public employee must establish that her speech addressed a matter of public concern. See Connick v. Myers, 461 U.S. 138, 146-47 (1983); Kirkland v. … immunity, this is a permissible interlocutory appeal.