Case law

Shawn Lockett v. New Orleans City

Court of Appeals for the Fifth Circuit · May 5, 2010

If the official’s conduct violated a clearly established constitutional right, then qualified immunity is not applicable. … Nonetheless, the district court granted the defendants qualified immunity because it found that Lockett did not satisfy the second prong, which requires that the constitutional right was clearly established.

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.

United States v. Javier Guerrero

768 F.3d 351 · Court of Appeals for the Fifth Circuit · Sep 11, 2014

Date Filed: 09/11/2014 No. 13-50376 committing three murders 10; and (2) that Davalos had an agreement with the state district attorney to testify against Guerrero in exchange for immunity … The district court issued a cogent, detailed opinion explaining why it qualified Almonte and Nguyen as experts, and those decisions survive abuse of discretion review. See United States v.

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.

Rhonda WILSON, Plaintiff-Appellant, v. BELMONT HOMES, INC., Defendant-Appellee

970 F.2d 53 · Court of Appeals for the Fifth Circuit · Aug 28, 1992

Wilson also argues that the district court erred in finding that she had not *57 established that Belmont terminated her for forbidden reasons. We see no error. … The district court found that Wilson, by showing that she was a woman, was qualified for her job, and was terminated and that Belmont retained comparably qualified men after she was fired, had made a prima facie case.

Favre v. Sharpe

Court of Appeals for the Fifth Circuit · Sep 16, 2024

This is because “nothing in life or our law guarantees a person immunity from occasional sharp criticism,” and “no person avoids a few linguistic slings and arrows, many demonstrably unfair.” Jd. … Because Sharpe expressed his views on these “truthful established fact[s],” he argues he was entitled to voice his “sharp criticism” of Favre’s conduct.

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. .

United States v. Mitchell Ray Leonard

868 F.2d 1393 · Court of Appeals for the Fifth Circuit · Mar 20, 1989

Leonard’s construction of the statute, that actual or potential violence must also be established, renders superfluous the language in the first clause of subsection (ii). … In that case, the Ninth Circuit considered whether a prior conviction for preventing or dissuading a witness from testifying qualified as a “violent felony.”

United States v. Butler

122 F.4th 584 · Court of Appeals for the Fifth Circuit · Dec 9, 2024

However, she did not admit that her prior felony convictions qualified her as an armed career criminal under § 924(e)(1). … Moreover, the record clearly reflects that Butler’s four serious drug offenses were committed on different occasions from one another.

United States v. Herman

997 F.3d 251 · Court of Appeals for the Fifth Circuit · May 6, 2021

“A district court abuses its discretion if it bases its decision on an error of law or a clearly erroneous assessment of the evidence.” Portillo, 969 F.3d at 168 (quoting United States v. … Thus it does “qualify, explain, or place into context” Michael’s later statement for the jury.

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.

Goodpasture, Inc. v. M/V Pollux

688 F.2d 1003 · Court of Appeals for the Fifth Circuit · Oct 12, 1982

Code Ann. § 1.205 (b) (Vernon), should be read as giving “particular meaning to and supplementing] or qualifying] terms of an agreement.” … Our earlier opinion does not fall within the clearly erroneous exception.

Hicks v. Johnson

186 F.3d 634 · Court of Appeals for the Fifth Circuit · Aug 23, 1999

To establish a prima facie case Hicks relied exclusively on statistics. … He does not contend that he qualifies for an exception under Article 11.071, § 5(a).

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. Ralph Luther Blevins

555 F.2d 1236 · Court of Appeals for the Fifth Circuit · Jul 13, 1977

The record, however, reveals that the trial court gave a qualified instruction as to defendant’s duty to retreat. … In this case neither party had clearly established who had brought the knife to the confrontation site. Under defendant’s theory, Conover originally pulled a knife on him and he wrestled it away and stabbed Conover.

United States v. Joseph Anderson

755 F.3d 782 · Court of Appeals for the Fifth Circuit · Jun 20, 2014

Anderson objected to the PSR on the grounds that his prior burglary conviction did not qualify as a crime of violence. … A finding that Officer Henderson accidently fell on top of Anderson would not be clearly erroneous.

United States v. De Jesus-Batres

410 F.3d 154 · Court of Appeals for the Fifth Circuit · May 17, 2005

The district court did not clearly err in finding exigent circumstances under the facts of this case. … The government clearly satisfied its burden of proof on this element. IV.

Malcolm M. Gaultney, Jr. v. Caspar Weinberger, Secretary of Health, Education & Welfare

505 F.2d 943 · Court of Appeals for the Fifth Circuit · Dec 30, 1974

The burden of proving disability is clearly upon the claimant. Kirkland v. Weinberger, 5 Cir. 1973, 480 F.2d 46 ; DePaepe v. Richardson, supra. … The medical evidence, though not unanimous on the point, did not establish that fact. Gaultney then turned to a psychiatric theory, but brought forward no psychiatric evidence of his own.

United States v. Harris

408 F.3d 186 · Court of Appeals for the Fifth Circuit · Apr 27, 2005

Unless clearly erroneous, this Court credits “the trial court’s express or implied findings of discrete, historic facts.” … However, the government had ample additional evidence to establish willfulness.