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639 F.2d 1115 · Court of Appeals for the Fifth Circuit · Apr 14, 1981
In addition, one, who testified that he did not use race as a factor in qualifying grand jurors, admitted that he “feels generally Negroes are less qualified than whites to serve as grand jurors.” 29 The state offered no … If he was found to be qualified, and was neither excused nor exempted, the process proceeded as follows. From the information contained on the qualifying subpoena, a white slip and a blue slip was prepared.
Cited 52 timesPublishedWilliam E. BING Et Al., Plaintiffs-Appellants, v. ROADWAY EXPRESS, INC., Defendant-Appellee
444 F.2d 687 · Court of Appeals for the Fifth Circuit · Jun 29, 1971
Clearly, the figures establish a prima facie case that during the period in question race was a factor in staffing the two driver categories. See Turner v. … Clearly the policy serves to perpetuate past racial discrimination by locking Bing into a job to which he was relegated by race.
Cited 61 timesPublished374 F.2d 503 · Court of Appeals for the Fifth Circuit · Mar 20, 1967
To succeed in this contention, taxpayer has the burden to establish that the distribution was paid “on account of the employee’s separation from the service” of his employer. … After a careful review of the record, we are convinced such a finding is not clearly erroneous. Fed.R.Civ.P. 52(a). The judgment is affirmed.
Cited 0 timesPublished648 F.3d 251 · Court of Appeals for the Fifth Circuit · Jul 27, 2011
However, Castillo-Estevez distinguished those cases and clearly established that there is currently a “reasonable dispute” on the issue, preventing a defendant from establishing plain error. 597 F.3d at 241 n.1. … According to Murray, he and Lapin were functional equals in the company, but only Lapin could qualify as a leader because he alone supervised Wiggington.
Cited 42 timesPublishedLindquist v. City of Pasadena Texas
669 F.3d 225 · Court of Appeals for the Fifth Circuit · Jan 25, 2012
After the Nielsens’ presentation, the council inquired of a city attorney whether the lot qualified for an exemption under the grandfather clause. … The Lindquists did not argue that their property qualified for an exemption under that clause.
Cited 112 timesPublished652 F.2d 488 · Court of Appeals for the Fifth Circuit · Aug 3, 1981
Prattco, Inc., 607 F.2d 1153 (5th Cir. 1979), which provide a plaintiff must show (i) she is a member of a protected minority, (ii) she was qualified for the job from which she was discharged, (iii) she was discharged, and … Defendant satisfies this burden by “explaining clearly the nondiscriminatory reasons for its actions.” Burdine, 450 U.S. at 257 , 101 S.Ct. at 1096 , 67 L.Ed.2d at 218 .
Cited 17 timesPublished423 F. App'x 362 · Court of Appeals for the Fifth Circuit · Apr 19, 2011
Jowers, 404 F.3d 371, 373 (5th Cir. 2005).1 Clemons contends that the censorship of his clearly marked legal mail outside of his presence violated his constitutional right of access to the courts and that the defendants … were not entitled to qualified immunity because their actions were outside the scope of their duties under Texas Department of Criminal Justice (TDCJ) policies.
Cited 3 timesUnpublishedCourt of Appeals for the Fifth Circuit · Feb 20, 2026
immunity in dismissing plaintiff’s complaint, we remand to the district court to evaluate qualified immunity for the sole surviving claim while resolving the officers’ already-filed summary judgment motion. … We remand plaintiff’s Fourth Amendment unlawful arrest claim and any questions about the officers’ entitlement to qualified immunity.
Cited 0 timesUnpublishedUsinas Siderugicas De Minas Geras, Sa-Usiminas v. Scindia Steam Navigation Company, Ltd.
118 F.3d 328 · Court of Appeals for the Fifth Circuit · Jul 17, 1997
We decline to apply the rule of The Pennsylvania in this case, where COGSA clearly provides the burden of proof structure. 12 The Pennsylvania provides a burden of proof structure for causation in maritime incidents. … We therefore find that the district court in this case did not err in finding that Scindia bore its burden of establishing navigational error.
Cited 1 timesPublishedOlympic Towing Corporation v. Nebel Towing Company, Inc.
419 F.2d 230 · Court of Appeals for the Fifth Circuit · Mar 23, 1970
Cushing, 12 a 4-1-4 decision which established a procedural chronology for that case and implicitly disposed of many questions raised here. … Charles Ferran & Co. 28 After pointing out a number of defenses which have been held to be “personal” under Louisiana *238 law — e. g., infancy, 29 coverture, 30 charitable immunity, 31 governmental immunity, 32 bankruptcy
Cited 82 timesPublished689 F.2d 589 · Court of Appeals for the Fifth Circuit · Oct 18, 1982
Although he did not fall literally within the fourth requirement, we do find that he established a prima facie case in that he was equally qualified as the person chosen, who was not a minority. 6 19 Lerma having met his … Schwab was qualified for the position based on the neutral, standardized criteria used by the Post Office.
Cited 0 timesPublishedEagle Leasing Corp. v. Hartford Fire Ins.
540 F.2d 1257 · Court of Appeals for the Fifth Circuit · Oct 22, 1976
Clearly, Sun’s lawsuit charged neglect during the currency of this policy. Therefore, the policy provided coverage beyond question. Id. at 250 . … It is far from conclusive that the time-qualifying phrase “during the currency of this policy” modifies “matters or things”.
Cited 12 timesPublishedPage v. Regents of University System of Georgia
93 F.2d 887 · Court of Appeals for the Fifth Circuit · Dec 18, 1937
Numerous acts of the period establishing towns and counties contain provisions for schools and academies in them. … One teaching degree includes sports in its curriculum, being designed to qualify graduates not only to teach in the State High Schools but to direct the physical education in such schools.
Reversed on other grounds by Allen v. Regents of the University System, 304 U.S. 439 (1938)Cited 5 timesPublishedAdam Farkas v. Texas Instrument, Inc. And Ling-Temco-Vought, Inc.
375 F.2d 629 · Court of Appeals for the Fifth Circuit · May 1, 1967
Clearly, then, the complaint “is so drawn as to seek recovery directly under the Constitution or laws of the United States.” … We would be hesitant to say that the antidiscrimination provisions of Executive Order No. 10925 are so unrelated to the . establishment of “an economical and efficient system for * *, * the procurement and supply” of property
Cited 93 timesPublished436 F.3d 560 · Court of Appeals for the Fifth Circuit · Jan 17, 2006
Outlook Nashville, Inc., 380 F.3d 893, 903 (6th Cir. 2004) (“[I]t is clearly established that the Officers’ use of pepper spray against Champion after he was handcuffed and hobbled was excessive.”).8 7 Gonzales … A defendant need not be charged with conspiracy to qualify for a multiple-participant enhancement.
Abrogated on other grounds by United States v. Ruben Vargas-Ocampo, 747 F.3d 299 (2014)Cited 127 timesPublishedState of Texas v. National Bank of Commerce of San Antonio, Texas
290 F.2d 229 · Court of Appeals for the Fifth Circuit · Jun 15, 1961
Clearly this is what the Secretary has done in the present case. … They are integral parts of the War Department, share in fulfilling the duties entrusted to it, and partake of whatever immunities it may have under the Constitution and federal statutes.'
Cited 3 timesPublished672 F.2d 444 · Court of Appeals for the Fifth Circuit · Apr 5, 1982
This finding is clearly erroneous. 23 In addition to questioning the basis and methodology of appellant's disparate impact evidence, NECO sought to establish a business justification for its hiring practices. … The district court's finding that Harrell was not qualified is clearly erroneous. We find to the contrary. 32 McDonnell Douglas requires a rejection, after which applicants are still sought.
Cited 0 timesPublished67 F.4th 702 · Court of Appeals for the Fifth Circuit · May 11, 2023
She also explained that she was investigating whether his conduct “may qualify as dating violence” under the University’s Sexual Misconduct Policy. … though it would ultimately immunize Roe for the exact same behavior.
Cited 6 timesPublishedAg Pro, Inc. v. Bernard A. Sakraida
512 F.2d 141 · Court of Appeals for the Fifth Circuit · Jun 9, 1975
In Ag Pro II we found that this system met the requirements of novelty, usefulness, and nonobviousness to qualify as a valid patent. … However, the evidence clearly establishes that prior to the original trial Sakraida was aware that Mission Dairy was using a flushing system that was a possible source of prior art.
Reversed on other grounds by Sakraida v. Ag Pro, Inc., 425 U.S. 273 (1976)Cited 47 timesPublished994 F.3d 249 · Court of Appeals for the Fifth Circuit · Apr 6, 2021
In short, Garcia made clear that any “attempt to draw the boundaries of state regulatory immunity in terms of ‘traditional governmental function’ is not only unworkable but is also inconsistent with established principles … The facts and legal issues in Rice are clearly distinguishable from the present case.
Cited 36 timesPublished
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