Case law

Woods v. Cockrell

307 F.3d 353 · Court of Appeals for the Fifth Circuit · Sep 24, 2002

In other words, the appropriate inquiry is “ ‘whether the state court’s application of clearly established federal law was objectively unreasonable.’” Id. (quoting Williams v. … For the reasons stated herein, find that the state court’s application of clearly established federal law was neither objectively unreasonable nor opposite to the conclusions of the Supreme Court.

Samuel E. Muniz v. Dr. George J. Beto, Director, Texas Department of Corrections

434 F.2d 697 · Court of Appeals for the Fifth Circuit · Nov 5, 1970

We are unpersuaded that these generalized findings are sufficient to explain away the substantial statistical disparity which appellant has established. … The results of the jury selection process are what count, and the results in this case clearly show discrimination against Mexican-Americans in the selection of grand jury, members.

Michael Young v. Sandy McCain, Warden

Court of Appeals for the Fifth Circuit · Jan 14, 2019

in light of clearly established law. … As this court has acknowledged, if the plaintiff “has indeed failed to allege a [constitutional] violation, then of course there can be no violation of clearly established law that would overcome qualified immunity.”

Thompson v. Connick

553 F.3d 836 · Court of Appeals for the Fifth Circuit · Aug 28, 2009

to establish appropriate systems in regard to the advocacy function of their office. … that the violation was not due to an established municipal policy.

Canady v. Bossier Parish School Board

240 F.3d 437 · Court of Appeals for the Fifth Circuit · Jan 23, 2001

The Supreme Court clearly thought it necessary to apply a higher standard of scrutiny to “personal expression that happens to occur on the school premises,” as opposed to First Amendment activity sponsored by the school … Appellants have not established that the uniform policy has interfered with their right to free exercise of religion. See Rogers v.

Hurt v. Federal National Mortgage Ass'n

354 F.3d 372 · Court of Appeals for the Fifth Circuit · Dec 17, 2003

In that case, the is- Homeowners sold the non-qualifying loans to sue was whether a party that had an indemnity Fannie Mae. … affirming the judgment of the bankruptcy Homeowners has failed to show that its court, is AFFIRMED. expert’s calculations are clearly erroneous.

In Re State of Florida, Department of State

621 F.2d 1340 · Court of Appeals for the Fifth Circuit · Jul 24, 1980

The report established that Florida had never owned an interest in any of the lands involved in the case at bar. … Neither the eleventh amendment nor sovereign immunity prohibited such action.

Gremillion v. Chivatero

749 F.2d 276 · Court of Appeals for the Fifth Circuit · Jan 2, 1985

These assertions do not, even if proved, establish even a colorable claim that there has been an uncompensated taking of property. … immunity, not to whether there is a Bivens implied cause of action in the circumstances present in this case.

76 Fair empl.prac.cas. (Bna) 1392, 73 Empl. Prac. Dec. P 45,396 W.G. Bennett, Plaintiff-Appellee-Cross-Appellant v. Total Minatome Corporation, Defendant-Appellant-Cross-Appellee

138 F.3d 1053 · Court of Appeals for the Fifth Circuit · May 28, 1998

to a demotion or a failure to promote by demonstrating that: 1) he was demoted or not promoted, as the case may be; 2) he was qualified for the position he occupied or sought; 3) he was within the protected class at the … Once established, the prima facie case raises an inference of unlawful discrimination. Id.

Sawyer v. Die

Court of Appeals for the Fifth Circuit · May 30, 2024

No. 22-10447 Odal, M.D., and Pepper Bradberry, a nurse, “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any simi- lar conduct that would clearly … Moreover, Sawyer does not allege facts that demonstrate that the district court erred in con- cluding that the defendants were entitled to qualified immunity because he had not demonstrated that they violated a clearly established

Crown Zellerbach Corporation v. Ingram Industries, Inc.

783 F.2d 1296 · Court of Appeals for the Fifth Circuit · Mar 5, 1986

The nonliability is an absolute immunity, an immunity extended to each of the respective classes and to all of the members of each class. … To obtain the benefit of the Act the owners must establish a right to it.

Jake ROWE Et Al., Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee

457 F.2d 348 · Court of Appeals for the Fifth Circuit · Mar 2, 1972

It is clearly not enough under Title VII that the procedures utilized by employers are fair in form. These procedures must in fact be fair in operation. … The Trial Court took the simple position that the employees failed to carry the burden of establishing that GMAD maintained a policy of discrimination in employment practices and that the Act clearly is “prospective and not

Daniel Morales-Cruz v. United States of America, Department of Justice, Immigration and Naturalization Service

666 F.2d 289 · Court of Appeals for the Fifth Circuit · Jan 25, 1982

Although the principles are clearly established, this Court has not passed upon whether the forgiveness feature is applicable if deportation is otherwise justified under § 212(a)(14) for failure to present a labor certificate … He obviously intended to work, and this is clearly within the statutory provision requiring entry “for the purpose of” working.

Omega Protein, Inc. v. Samson Contour Energy E & P LLC

548 F.3d 361 · Court of Appeals for the Fifth Circuit · Nov 10, 2008

The adduced facts established statutory violations by both Omega and Samson which caused the allision. A court may apportion fault equally in a close case. … It demonstrates that Higgerson was a qualified pilot with long experience piloting similar tugs in that area.

Timothy Patton v. Jacobs Engineering Group, Inc, e

863 F.3d 419 · Court of Appeals for the Fifth Circuit · Jul 17, 2017

To establish a failure to accommodate claim, the plaintiff must show that: “(1) the plaintiff is a ‘qualified individual with a disability’; (2) the disability and its consequential limitations were ‘known’ by the covered … Moreover, the EEOC investigation clearly encompassed Patton’s failure to accommodate claim. In its position statement, Jacobs stated that “Patton never made any request for reasonable accommodation from Jacobs.”

Robert Morris v. Elizabeth Cross

476 F. App'x 783 · Court of Appeals for the Fifth Circuit · May 3, 2012

Because Morris failed to show a constitutional violation, the district court properly concluded that Cross, Agapiou, and Milligan were entitled to qualified immunity. See Ontiveros v. … Because the defendants raised qualified immunity, Morris was not entitled to proceed with discovery, and the evidence that he proposes that he would have discovered or presented would not have created a genuine issue of material

Salome Fierros v. Texas Department of Health

274 F.3d 187 · Court of Appeals for the Fifth Circuit · Nov 21, 2001

This language clearly contemplates that the denial of a pay increase can be an act of “discrimination” against an employee. … Thus, she has established the second element of a prima facie case for retaliation.

Yul Chu v. Mississippi State University

592 F. App'x 260 · Court of Appeals for the Fifth Circuit · Nov 17, 2014

“To establish a prima facie case in the context of a denial of tenure, the plaintiff must show that: (1) he belongs to a protected group, (2) he was qualified for tenure, and (3) he was denied tenure in circum- stances permitting … immunity.”

Bowen v. Clymer

79 F. 53 · Court of Appeals for the Fifth Circuit · Feb 2, 1897

Fortson, and established the validity of the administration. From this judgment, Mrs. … The indebíedness of the deceased was a charge upon her estate as clearly as the lien of an attachment upon her property in her lifetime would have raised. The estate vested in the heir, subject to administration.

Mary Juanita Sellers, Plaintiff-Appellant/cross-Appellee v. Delgado Community College and State of Louisiana, Defendants-Appellees/cross-Appellants

839 F.2d 1132 · Court of Appeals for the Fifth Circuit · Mar 18, 1988

The magistrate recognized that Sellers’ attorney, George Strickler, is a qualified and distinguished litigator with expertise in the field of employment discrimination. … Specifically, the magistrate cited what it be-Iieved to be Sellers’ continual attempts to seek jobs for which she was not qualified, her failure , to place advertisements, and to contact private agencies.