Case law

Jeff Kitchen v. BASF

952 F.3d 247 · Court of Appeals for the Fifth Circuit · Feb 28, 2020

The record does not clearly indicate what kind of breath alcohol testing machine was used for Kitchen’s breath test. … The first step requires Kitchen to establish “(1) he had a disability, (2) he was qualified for the job, and (3) there was a causal connection between an adverse employment action and his disability.”

Eura Dufrene v. Indemnity Insurance Company of North America

303 F.2d 788 · Court of Appeals for the Fifth Circuit · May 17, 1962

Gilkerson, who was qualified as a metallurgist. Mr. … I think that the factual basis for the question was clearly and validly in evidence, and that the competency of the witness to answer the question had been established.

Mayton v. Casas

Court of Appeals for the Fifth Circuit · Apr 22, 2021

Constable Aguilar and Deputy Casas moved to dismiss based on qualified immunity. … He thus had to allege facts showing that (1) Constable Aguilar and Deputy Casas violated a constitutional right, and (2) the right was “clearly established.” See id.

United States v. Parish of St. Bernard, Police Jury of the Parish of St. Bernard, Lake Borgne Basin Levee District, Fosco Enterprises, Inc., Travelers Insurance Co., Parish of Jefferson and Jefferson Parish Council, Regent Development Corp., Jefferson Levee District, Pontchatrain Levee District, Joseph F. Varisco, Jr., and Terry Tedesco, Inc., J.J. Krebs and Sons, Inc., United States of America v. The Parish of Jefferson

756 F.2d 1116 · Court of Appeals for the Fifth Circuit · Apr 8, 1985

The doctrine of sovereign immunity has been abandoned in Louisiana. However, this does not mean a parish may be sued for any cause. … I concede, of course, that the Court in Pennhurst did state that Congress must intend to impose clearly and unambiguously the conditions on the grant.

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.

R. S. v. Highland Park Indep Sch Dist

951 F.3d 319 · Court of Appeals for the Fifth Circuit · Feb 26, 2020

R.S. thus fails to establish that Highland Park disregarded his previous performance. … that the district court clearly erred in finding that R.S. had made substantial rather than slight progress.

Jimmy Clyde Williams v. United States of America, Paul Wayne Howell v. United States

328 F.2d 669 · Court of Appeals for the Fifth Circuit · Mar 5, 1964

Three employees in the establishment were foi'ced to lie face down in the rear of the store while the 3 criminals looted the cash registers in the store, and the Post Office safe and cash box. … The defendants were given complete immunity and testified at length.

United States v. Dennis Ray Paden, William M. Headrick Ii, and Robert Boyd

908 F.2d 1229 · Court of Appeals for the Fifth Circuit · Sep 6, 1990

The standard of review of the Sentencing Guidelines is. well-established. … However, Application Note 3 to section 3B1.1 provides that more than one person can qualify as a leader or organizer of a criminal offense.

Joe Guerra v. Frank Bellino

Court of Appeals for the Fifth Circuit · Jun 19, 2017

Bellino moved for summary judgment based on qualified immunity. … The majority disregards two well-established principles in the doctrine of qualified immunity.

Whitehouse Hotel Ltd. Partnership v. Commissioner

755 F.3d 236 · Court of Appeals for the Fifth Circuit · Jun 11, 2014

To qualify for this exception, the taxpayer must show the claimed value was based on a qualified appraisal by a qualified appraiser and that the taxpayer made a good faith investigation of the value of the property. … We remanded for the tax court to establish explicitly the highest and best use of the parcel for valuation purposes.

Iruegas v. Poe

374 F. App'x 513 · Court of Appeals for the Fifth Circuit · Mar 22, 2010

To the extent that Iruegas directed his claims against Defendants in their official capacity, the magistrate judge also dismissed them with prejudice, finding the claims barred by sovereign immunity. 2 Iruegas timely appealed … Prima Facie Deliberate Indifference Claims On appeal, Iruegas argues that his uncontested Spears hearing testimony established a prima facie case for his claims.

Jerry H. Peveto and Wife, June Peveto v. Sears, Roebuck & Co.

807 F.2d 486 · Court of Appeals for the Fifth Circuit · Jan 13, 1987

Assuming, without deciding, that an erroneous explanation of the law had been given by the trial court, it would not qualify as an outside influence improperly brought to bear upon the jurors. … Thus, although the evidence introduced suggested that Shawn endured some measure of pain and suffering before he died and that he was close to — and well-loved by — his family, nothing in the trial record so clearly establishes

United States v. Douglas Cordell

912 F.2d 769 · Court of Appeals for the Fifth Circuit · Sep 11, 1990

In making this argument, though, Cordell neglects to discuss the final part of the language that clearly indicates that there is a charge of an omission. … The recognition by this Court (as well as other courts) that a material omission qualifies as a false entry is one manifestation of that evolution. .

Jay Nottingham v. Joel Richardson

499 F. App'x 368 · Court of Appeals for the Fifth Circuit · Dec 4, 2012

immunity, and failure to state a claim upon which relief could be granted. … It finally adopted the MJ’s finding that Lacey, Davis, and Lacy were entitled to qualified immunity. It did not address the MJ’s denial of appointment of counsel.

Kevin Michael Cay v. W.J. Estelle, Jr., Director, Texas Department of Corrections

789 F.2d 318 · Court of Appeals for the Fifth Circuit · May 12, 1986

Persons proceeding in forma pauperis are immune from imposition of costs if they are unsuccessful; and because of their poverty, they are practically immune from later tort actions for “malicious prosecution” or abuse of … The parties clearly differed in their versions of the facts, and it was only for the ultimate trier of fact to determine who was more believable. V.

New Orleans & Gulf Coast Railway Co. v. Barrois

533 F.3d 321 · Court of Appeals for the Fifth Circuit · Jun 25, 2008

Shaw, among the progeny of Ex parte Young, clearly establishes a federal right of action against “state officials” to enjoin the enforcement of preempted state regulations. … “As the agency authorized by Congress to administer the [ICCTA], the Transportation Board is uniquely qualified to determine whether state law should be preempted by the [ICCTA].” Emerson v. Kansas City S. Ry.

Richard R. REEVES, Plaintiff-Appellee, v. GENERAL FOODS CORPORATION, Defendant-Appellant

682 F.2d 515 · Court of Appeals for the Fifth Circuit · Aug 13, 1982

To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection. … Reeves points to the following evidence as probative of age discrimination, stating first the evidence which was sufficient to establish his prima facie case: he was over forty, he was qualified to do the job, he was discharged

Whitehouse Hotel Ltd. Partnership v. Commissioner

615 F.3d 321 · Court of Appeals for the Fifth Circuit · Aug 10, 2010

To constitute a “qualified conservation easement”, the contribution must be “(A) of a qualified real property interest, (B) to a qualified organization, [and] (C) exclusively for conservation purposes”. 26 U.S.C. § 170 (h … Again, “[valuation is a mixed question of law and fact, the factual premises being subject to review on a clearly erroneous standard, and the legal conclusion being subject to de novo review”.

United States v. James King

773 F.3d 48 · Court of Appeals for the Fifth Circuit · Dec 4, 2014

Consequently, King argued that he qualified for the “safety valve” because he did not possess a firearm in connection with his offense. … “A factual finding is not clearly erroneous if it is plausible, considering the record as a whole.” Id.

24 Fair empl.prac.cas. 1373, 25 Empl. Prac. Dec. P 31,526 Georgia Patsy v. Florida International University, Board of Regents of the State of Florida, Abody Corporate, for and on Behalf of Florida International University

634 F.2d 900 · Court of Appeals for the Fifth Circuit · Jan 22, 1981

. § 1983 , plaintiff alleges that during her employment with FIU, she has applied for numerous employment openings in the university for which she was clearly qualified but has been uniformly rejected because FIU has discriminated … Clearly the Court adheres to the no-exhaustion rule. II.