Case law

Eduardo Amador-Gonzalez v. United States

391 F.2d 308 · Court of Appeals for the Fifth Circuit · Feb 23, 1968

In the case now before the court, the heroin under the upholstery cannot be said to have been “clearly visible”. B. … United States, 1949, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879 ; 1 Varon, Searches, Seizures and Immunities 108 (1961).

John Doe 1 v. Veneman

380 F.3d 807 · Court of Appeals for the Fifth Circuit · Aug 5, 2004

Under Exemption 6, federal agencies may withhold from disclosure any “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal … First, unless the government has expressly waived its immunity, sovereign immunity bars sanctions.55 The district court’s order does not specify a waiver that would permit a sanction.

Christophersen v. Allied-Signal Corporation

939 F.2d 1106 · Court of Appeals for the Fifth Circuit · Aug 15, 1991

Miller's experience with cancer occurred during his residency when he assisted in a study of the immune system as affected by smoking and asbestos. Dr. … No clearly established facts in the record controvert the scientific facts informing Dr.

Langham, Langston & Burnett v. Thomas B. Blanchard, Trustee of the Estate of Lone Star Sulphur Corporation, Bankrupt

246 F.2d 529 · Court of Appeals for the Fifth Circuit · Aug 15, 1957

In a field in which opinion evidence is traditionally relied on to establish facts, such as in the field of valuations, it would seem to me that such an obvious error in determining the qualifications of an expert should … be corrected under the clearly erroneous rule.

Woodrow Grissette v. United States

313 F.2d 187 · Court of Appeals for the Fifth Circuit · Mar 13, 1963

The Supreme Court at' page 81, 55 S.Ct. at page 630 , in that case held that the proposition that a variance is fatal per se “ignores the question of materiality, and should be so qualified as to make the result of the variance … The evidence in Berger established two separate conspiracies while the indictment charged but one.

Whole Woman's Health v. Charles Smith

896 F.3d 362 · Court of Appeals for the Fifth Circuit · Jul 15, 2018

Addressing TCCB's claims of First Amendment privilege, the court first rejected free exercise and establishment clause arguments because any such privilege claim is necessarily qualified, not categorical. … Both free exercise and establishment clause problems seem inherent in the court's discovery order.

Leffall v. Dallas Independent School District

28 F.3d 521 · Court of Appeals for the Fifth Circuit · Aug 12, 1994

Doe presented an interlocutory appeal from the district court's denial of summary judgment on the basis of qualified immunity. … See id. at 454 (establishing the three elements necessary to establish liability on the part of the supervisory official).

United States v. Gerald Leslie Hitsman

604 F.2d 443 · Court of Appeals for the Fifth Circuit · Oct 15, 1979

James, 590 F.2d 575 (5th Cir. 1979), and the finding is not clearly erroneous. … The requested charge read: In order to establish participation in a conspiracy the government must show more than mere presence or association.

Nall v. Yee

Court of Appeals for the Fifth Circuit · Apr 3, 2023

Benjamin Yee, Katherine Rediske, Rebecca McDow, and Valencia Pollard-Fortson acted with deliberate indifference to his serious medical needs and are not entitled to qualified immunity because they did not take certain … Yee and Rediske violated a clearly established constitutional right, there is no alleged violation to attribute to McDow, the alleged supervisor, or Pollard-Fortson, who reviews prisoner grievances.

Vickie Cook v. City of Dallas

Court of Appeals for the Fifth Circuit · Nov 8, 2019

The burden shifts to the non-movant to show that qualified immunity does not apply. … A two-pronged inquiry then applies in a qualified-immunity analysis: “First, the court must determine whether the plaintiff has alleged a violation of a clearly established federal constitutional or statutory right.

United States Ex Rel. Garibaldi v. Orleans Parish School Board

244 F.3d 486 · Court of Appeals for the Fifth Circuit · Mar 28, 2001

Does the School Board qualify as, “Any person” under the False Claims Act? … For example, sovereign immunity under the Eleventh Amendment does not extend to governmental entities which are not an arm of a state. Alden v.

United States v. Twin City Power Company of Georgia

221 F.2d 299 · Court of Appeals for the Fifth Circuit · Apr 12, 1955

the stream and fast lands adjoining for the improvement of navigation, appellees would not have been entitled to pay for the water power value of the land taken, the court, supporting its position by citing many cases, clearly … The findings of the district court based on the overwhelming weight of the evidence established the fact that these properties were adaptable and needed for water power purposes, and had been held by them over the years for

Meadows & Walker Drilling Company v. Phillips Petroleum Company

417 F.2d 378 · Court of Appeals for the Fifth Circuit · Oct 10, 1969

This fact was established by two of Phillips’ witnesses. … If anything, they amounted to a qualified statement of opinion that the pipe would withstand greater pressures than the 4,225 pounds indicated by the last well measurement prior to the blowout.

Arthur J. Brown v. J. A. Miller, Jr., Etc., and Mississippi Telephone Corporation, Etc.

631 F.2d 408 · Court of Appeals for the Fifth Circuit · Nov 26, 1980

into evidence before the jury an exhibit offered by the plaintiff, an extremely harmful error insofar as the award of punitive damages, because of the district court’s failure to excise from the physical exhibit certain clearly … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Nalle v. Commissioner

55 F.3d 189 · Court of Appeals for the Fifth Circuit · Jun 20, 1995

The Tax Court decided that the Nalles and Betts had failed to establish as required by § 7430 that the position of the Commissioner of Internal Revenue ("Commissioner") in the underlying litigation was … where the Commissioner's interpretation " "lacked any ligaments of fact' and was "clearly erroneous' as a matter of law."

Mrs. Frances Buckley Ward, Cross-Appellant v. The Hobart Manufacturing Company, Cross-Appellee

450 F.2d 1176 · Court of Appeals for the Fifth Circuit · Oct 14, 1971

Carley, a highly qualified mechanical engineer. Hobart contends that Dr. … Carley was not qualified as an expert in this particular case, or in the alternative, that even if he were qualified, no evidentiary foundation was laid that would permit his testimony to be admitted as to the design of a

United States v. Paul Henry Parker

586 F.2d 422 · Court of Appeals for the Fifth Circuit · Dec 15, 1978

Bullard was granted immunity, and testified before the Grand Jury in November of 1975, but again did not implicate Parker. … These circumstances clearly negative any claim of delay on the part of the prosecutor being a tactical move by the Government.

Gulf Restoration Network v. Gina McCarthy

783 F.3d 227 · Court of Appeals for the Fifth Circuit · Apr 7, 2015

HIGGINBOTHAM, Circuit Judge: The Clean Water Act establishes a statutory scheme to protect and improve the quality of the country’s waters. … Second, we look to the statutory provision at issue to see whether Congress has spoken sufficiently clearly as to override the appropriate presumption. 1.

Lucinda J. Sullivan v. Caspar W. Weinberger, Secretary of Health, Education and Welfare,defendant-Appellee

493 F.2d 855 · Court of Appeals for the Fifth Circuit · May 6, 1974

To qualify for benefits as a disabled widow under the Social Security Act, the claimant must establish that she is at least 50 years of age, that she is the widow of a wage earner who died fully insured, and that she has … Her period in which to establish eligibility for widows’ disability payments ran to August 31, 1970.

Joan E. Lyford, Individually and on Behalf of All Other Persons Similarly Situated v. Ralph Schilling and Pan American University

750 F.2d 1341 · Court of Appeals for the Fifth Circuit · Jan 24, 1985

Lyford proved that she was female, qualified, duly applied, and a male was hired. Pan American called the committee members to testify as to the motivating factors behind their individual decisions. … Nothing in the record before us indicates this finding was clearly erroneous.