Case law

Sierra Club v. Lynn

502 F.2d 43 · Court of Appeals for the Fifth Circuit · Oct 4, 1974

The fact that the breach of duty involved was committed by one who is immune from liability for financial redress affords no basis for a shifting of fees. … The result of governmental immunity in this case is to require plaintiffs to absorb their own legal expenses.

Brian Porter v. Jordon Lear

Court of Appeals for the Fifth Circuit · Sep 28, 2018

“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.’” … Thus, plaintiffs have not met their burden of showing a clearly established constitutional violation and cannot overcome the officers’ qualified immunity. C.

Johnson v. Baylor University

214 F.3d 630 · Court of Appeals for the Fifth Circuit · Jun 22, 2000

This provision does not create any exception: “[T]he Supreme Court has clearly cause of action, however, nor does it replace sanctioned the rule only in the area of federal state law tort claims,2 but it … (1)’s requirements stead, Baylor makes a more general argument for providing pilot information following Kitty that “there is probably no other area in which Hawk’s request, Baylor still will be immune

Okpalobi v. Foster

190 F.3d 337 · Court of Appeals for the Fifth Circuit · Sep 17, 1999

In short, in Mazurek , the Supreme Court highlights specific types of evidence that are clearly insufficient to establish improper purpose; in Jane L, the Tenth Circuit affirms the obvious that, if the state admits to an … The district court’s finding is not clearly erroneous.

Karen FLANAGAN, Plaintiff-Appellee, v. AARON E. HENRY COMMUNITY HEALTH SERVICES CENTER, Et Al., Defendants-Appellants

876 F.2d 1231 · Court of Appeals for the Fifth Circuit · Jul 13, 1989

Flanagan was the only white employee at the Center; she was terminated from her position as staff physician; she was a qualified and competent physician; and, she was replaced by a black doctor. … Flanagan does not present any figures to establish the value of lost leisure time nor does she, in any other way, substantiate her damages.

Melba A. Raven v. Panama Canal Company/canal Zone Government

583 F.2d 169 · Court of Appeals for the Fifth Circuit · Nov 2, 1978

that the documents are clearly exempt from disclosure.” … We discern no legislative intent to so qualify the clear definitions within the Privacy Act and certainly Congress was aware of this treaty and others like it.

United States v. Fred "Freddy Campo" Campagnuolo, John "Jackie Campo" Campagnuolo, and Michael "Mike Douglas" Gougules

592 F.2d 852 · Court of Appeals for the Fifth Circuit · Apr 6, 1979

The district judge clearly intended the dismissal to be with prejudice. … The prosecutor’s colloquy with the district judge clearly indicated that Aurillio was a prospective government witness, and the appellees make no argument to the contrary.

Walker v. Hitchcock Independent School District

508 F. App'x 314 · Court of Appeals for the Fifth Circuit · Jan 18, 2013

First, it concluded that the claim was barred by the Eleventh Amendment because, although the TWA waives state sovereign immunity for claims brought under the Act in state court, it does not waive sovereign immunity for claims … Therefore, by removing the case to federal court, Hitchcock waived its immunity from suit in federal court. See Lapides v. Bd. of Regents of Univ.

Zelma C. Wyche v. C. E. Hester

431 F.2d 791 · Court of Appeals for the Fifth Circuit · Oct 6, 1970

Although we agree that the law generally condemns *795 self-help, the language of § 203(c) supports a conclusion that nonforcible attempts to gain admittance to or remain in establishments covered by the Act, are immunized … There is no finding by the state court that appellant and his group were not there for the purpose of peacefully obtaining service for Negroes from that establishment, an activity clearly protected by Section 203 of the Civil

Nelda Sanchez v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

656 F.2d 966 · Court of Appeals for the Fifth Circuit · Sep 17, 1981

whereby recipients both qualified for and received benefits for each month. … Clearly, his interpretation establishes a more efficient administration of the disability insurance program.

United States v. Bobby Fillmore

889 F.3d 249 · Court of Appeals for the Fifth Circuit · May 4, 2018

Notwithstanding the existence of a larger conspiracy in Rollins, we held that the defendant properly received the enhancement because he personally qualified as a fence of stolen property. See 1994 WL 14068, at *2. … Such an error requires a remand for resentencing “unless the proponent of the sentence establishes that the error ‘did not affect the district court’s selection of the sentence imposed.’” Id.

Application of Joseph E. Steiner, Jr. v. The Officer in Command, Armed Forces Examining and Induction Center Athouston, Texas

436 F.2d 687 · Court of Appeals for the Fifth Circuit · Dec 7, 1970

He contended that he is qualified as a farmer for a II-C classification and the Local Board’s refusal to so classify him had no basis in fact. … Prior to induction such judicial determination of a registrant’s classification is clearly prohibited by § 10(b) (3). There is nothing in Oestereich or Breen that can be construed otherwise.

Jackson v. Johnson

Court of Appeals for the Fifth Circuit · Jul 21, 2000

I Implicit Wavier of Teague by the State The retroactivity principle established by the Supreme Court in Teague v. … College Savings Bank, 527 U.S. 627, __, 119 S.Ct. 2199, 2204 (noting the ability of states to waive Eleventh Amendment immunity). 5 Concerns about the finality of judgments

Johel Contreras v. Eric Holder, Jr.

754 F.3d 286 · Court of Appeals for the Fifth Circuit · Jun 6, 2014

Citizenship and Immigration Services (USCIS) determined that Contreras was not eligible for such relief because he had not established that he had been a person of good moral character and because it appeared that he was … look to the elements of the state statute of conviction and evaluate whether those elements comport with the generic meaning of the enumerated offense category.” 46 After concluding that “sexual abuse of a minor” is not a clearly

Wright v. Lieutenant Miller

96 F.3d 1445 · Court of Appeals for the Fifth Circuit · Aug 30, 1996

Miller contends, inter alia, that he is entitled to qualified immunity. … Miller would be entitled to qualified immunity if he could establish that his use of leg restraints on Wright “could plausibly have been thought necessary” or that he did so in good faith to maintain order, i.e., security

Roberta M. Brittingham v. United States Commissioner of Internal Revenue

451 F.2d 315 · Court of Appeals for the Fifth Circuit · Oct 4, 1971

Brit-tingham’s attorney-client privilege and “in violation of the attorney work product immunity.” These motions to suppress were denied on two grounds. … Plaintiff brought this action under 28 U.S.C. § 1651 , which provides, in part, as follows: (a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their

Bartholomew v. City of Austin

85 F. 359 · Court of Appeals for the Fifth Circuit · Feb 1, 1898

Such established rules are always regarded by the federal courts, no less than by the state courts themselves, as authoritative declarations of what the law is. … It is a grace, a favor, an immunity; taken out from under the general rule, not to he like others who are not exempt; to receive, and not make a return.

Forrest General Hospital v. Alex Azar, Secr

926 F.3d 221 · Court of Appeals for the Fifth Circuit · Jun 10, 2019

Moreover, the letters HHS sent to Mississippi approving payments under the § 1115 project establish that the UCCP patient days fall under the § 1115 waiver’s authority. … Plus, if the UCCP wasn’t established under authority of a demonstration project, then by whose or what authority was it established?

Draganescu v. First National Bank

502 F.2d 550 · Court of Appeals for the Fifth Circuit · Oct 7, 1974

In any case, the trial court’s order does not bar Vintilla from acting as translator, should the need for a Romanian presence be established. … However, the lawyer only testified to matters conceded by the defendant and therefore clearly fell within exception (1) of DR 5-101 (B).

Provident Life & Accident Insurance v. Goel

274 F.3d 984 · Court of Appeals for the Fifth Circuit · Dec 4, 2001

The case on which he relies did not, however, establish the per se rule that Dr. Goel currently advocates. … Thus, the appellant must establish a colorable claim before remand is justified. For example, in Barnhill v.