Case law

United States v. Crawley

533 F.3d 349 · Court of Appeals for the Fifth Circuit · Jun 27, 2008

Beydoun, 469 F.3d 102, 107 (5th Cir. 2006) (determining loss calculation not clearly erroneous). A finding of fact is not clearly erroneous so long as it is plausible in the light of the entire record. Id. at 105. … In adopting the PSR, the district court found intended, rather than actual, loss to be in excess of $1,000,000, thereby qualifying for the 16-level increase.

Smith v. Cockrell

311 F.3d 661 · Court of Appeals for the Fifth Circuit · Nov 4, 2002

established precedent. … established federal law.

Rims Barber v. Phil Bryant

860 F.3d 345 · Court of Appeals for the Fifth Circuit · Jun 22, 2017

Plaintiffs always have the burden to establish standing. Id. … Alternatively, the plaintiffs could establish injury-in-fact by clearly are essential to preserving the separation of powers and limited judicial role mandated by the Constitution.”

Gracia v. Brownsville Housing

Court of Appeals for the Fifth Circuit · Jun 2, 1997

Instead, we should hold simply that the Gracias failed to establish a prima facie case under § 1983 because under Canton v. Harris, 489 U.S. 378, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989), and Monell v. … immunity. 13

Theodore Eisenbach v. Mark Zatzkin

Court of Appeals for the Fifth Circuit · Apr 10, 2018

“A qualified immunity defense alters the usual summary judgment burden of proof. … the same as federal qualified immunity.”

Greene v. Demoss

Court of Appeals for the Fifth Circuit · Aug 29, 2022

established law that every reasonable person would have known. 6 The two steps may be performed in any order. 7 Although the officers raise a qualified immunity defense in form, in substance they primarily … arrest.” 24 As to qualified immunity, the officers do not contest that the law prohibiting their alleged excessive force was clearly established.

Jackson Muni Airport v. Harkins

67 F.4th 678 · Court of Appeals for the Fifth Circuit · May 10, 2023

The order noted that because legislative privilege is qualified, the Legislators must produce a privilege log before any assertions can be assessed. … Byrd, 521 U.S. 811 (1997), the Legislators contend that the alleged injury is “the sort of institutional injury which the Supreme Court has held insufficient to establish standing for Members of Congress.”

United States v. Brown

553 F.3d 768 · Court of Appeals for the Fifth Circuit · Dec 18, 2008

This is a qualifying felony under the statute. … The government objected, arguing that Barner was not qualified to establish the foundation, as he had never worked at I-10 East and first encountered the relevant records in April 2005, long after they were compiled (from

United States v. James Alvin Brooks

422 F.2d 365 · Court of Appeals for the Fifth Circuit · May 18, 1970

United States: The registrant bears the burden of clearly establishing his right to the ministerial exemption and the board has no affirmative duty to ascertain whether or not the registrant qualifies for exemption. 2 Appellant

Lavespere v. Niagara Machine & Tool Works, Inc.

910 F.2d 167 · Court of Appeals for the Fifth Circuit · Aug 13, 1990

that an expert may be qualified on any of the five bases listed. 27 A witness therefore can qualify as an expert even though he lacks practical experience, provided that he has received suitable *177 training or education … It clearly does not mean that if a district court faced with the same circumstances rules the other way, its decision will be overturned.

Kent Milner D/B/A Belvedere Driving School v. Colonel R. H. Burson, Director of the Georgia Department Public Safety

470 F.2d 870 · Court of Appeals for the Fifth Circuit · Jan 5, 1973

Such a showing would establish the necessary irreparable injury, Shaw v. Garrison, supra. … (b) Maintain an established place of business to the public.

Joseph Thomas v. Phil Bryant

938 F.3d 134 · Court of Appeals for the Fifth Circuit · Sep 3, 2019

Appellants clearly and repeatedly urged this framework to the district court. … Roughly a week after its original decision—days before the qualifying period ended—the court imposed redistricting and moved the qualifying deadline back only two weeks. And in a 20 Reynolds v.

Belsome v. Belsome

434 F.3d 774 · Court of Appeals for the Fifth Circuit · Dec 29, 2005

The language clearly establishes two categories: tools and motor vehicles. … In addition, the Louisiana legislature was clear that only one motor vehicle would qualify for an exemption.

United States v. Sterling

99 F.4th 783 · Court of Appeals for the Fifth Circuit · Apr 25, 2024

The district court also clearly took into consideration Sterling’s mental health. … As a threshold matter, the district court clearly did contemplate Edwards, citing the case in its order.

Bruce v. Stilwell

206 F.2d 554 · Court of Appeals for the Fifth Circuit · Jul 10, 1953

This suit for a declaratory judgment and injunctive relief was brought by five Negro students, citizens of Texas, seeking for themselves and for all others similarly situated and qualified the right of being admitted to Texarkana … the establishment, management and control of Independent School Districts insofar as the General Law is applicable.”

United States v. Gomez-Gomez

493 F.3d 562 · Court of Appeals for the Fifth Circuit · Jul 26, 2007

Our decision today is in keeping with a line of established precedent in this Circuit. … Clearly our Circuit and the Third Circuit have chosen different courses in this area, and thus we are not in a position to adopt the reasoning of Remoi .

R. C. Windisch v. United States

295 F.2d 531 · Court of Appeals for the Fifth Circuit · Nov 3, 1961

We do not approve the charge standing by itself or only vaguely qualified. … “The attempt must he wilful and involving bad purpose and an evil motive, and that specific intent must be proved or clearly inferred from the evidence, that is, it must be proved by or clearly inferred by the evidence.

Jerome Flores, Jr. v. W. J. Estelle, Director, Texas Department of Corrections, Augustine Mendoza Ortega v. W. J. Estelle, Director, Texas Department of Corrections

513 F.2d 764 · Court of Appeals for the Fifth Circuit · May 30, 1975

Our mandate neither contemplated nor envisaged that this critical issue would be determined upon incompetent evidence immune from cross examination, and to rely entirely upon such proof is inconsistent with the rights of … The rationale for exempting from hearsay objections records regularly maintained 14 is premised on the eyeball testimony of the custodian of the records or other qualified witness.

20 soc.sec.rep.ser. 511, unempl.ins.rep. Cch 17,960 Eddie K. Baker v. Otis R. Bowen, M.D., Secretary of Health & Human Services, Elwyn R. Shugart v. Otis Bowen, M.D., Secretary of Health & Human Services, David W. Stibbins v. Otis R. Bowen, M.D., Secretary, Dept. Of Health & Human Services, Thomas E. MacHen v. Otis R. Bowen, M.D., Secretary of Health & Human Services, Mary F. Phillips v. Otis R. Bowen, M.D., Secretary of Health & Human Services

839 F.2d 1075 · Court of Appeals for the Fifth Circuit · Mar 14, 1988

Clearly, had the Appeals Council reviewed the tape initially, as was its duty, there would have been no litigation in this case. … Clearly, by mentioning it in the statute, Congress intended that the cost of living be seriously considered by the fee-awarding court.

Doucet v. City of Bunkie

316 F. App'x 321 · Court of Appeals for the Fifth Circuit · Mar 4, 2009

It could have reached that conclusion notwithstanding defendants’ qualified immunity defense because it determined, on the basis of the facts before it, both that Sanders’ conduct deprived Doucet of rights that were clearly … established, and that his conduct was objectively unreasonable.