Case law

Mississippi Poultry Association, Inc. v. Edward R. Madigan, Secretary of the United States Department of Agriculture

992 F.2d 1359 · Court of Appeals for the Fifth Circuit · Dec 16, 1993

clearly expressed its intent in the plain language of the statute. … Clearly, “the same” in this section means "identical.” . See Ardestani v. INS, — U.S. -, -, 112 S.Ct. 515, 519 , 116 L.Ed.2d 496 (1991). .

Patterson v. United States

183 F.2d 687 · Court of Appeals for the Fifth Circuit · Jul 21, 1950

The general principles governing the admissibility of confessions are well established. … This charge was clearly erroneous as was the qualifying language which immediately followed, reading: “However, the defendant is not required to prove beyond a reasonable doubt that such statements or admissions were involuntarily

United States v. Carlos Fernandez-Roque

703 F.2d 808 · Court of Appeals for the Fifth Circuit · Apr 13, 1983

Despite Roque’s contention to the contrary, the predicate facts so established by evidence independent of coconspirators’ out-of-court declarations were clearly sufficient to show a conspiracy, of which the defendant Roque … There was thus no opportunity for the trial court to evaluate Resende’s alleged refusal to testify and propensity to invoke the fifth amendment, or to ascertain whether some type of immunity was available to Resende from

Consolidated Companies, Inc. v. Union Pacific Railroad

499 F.3d 382 · Court of Appeals for the Fifth Circuit · Aug 28, 2007

Conco alleges, and the district court itself found, that pollutants and hazardous waste are located throughout the entire former railroad site, clearly qualifying it as a “pollution source” under § 2004(13). … These facts qualify the former site as a “facility” under § 2004(14)(b) and (c).

Mitchell v. Johnston

701 F.2d 337 · Court of Appeals for the Fifth Circuit · Mar 14, 1983

Clearly, no prior actual notice of the cutbacks was provided to eligible recipients. Record, vol. 3 at 458. … Well-established precedent requires this Court to determine whether Texas has complied satisfactorily with the requirements of federal law, requirements established by Congress — not this Court. See Bond v.

David Spotsville v. James Miller

547 F. App'x 498 · Court of Appeals for the Fifth Circuit · Nov 14, 2013

“Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Whether a government official is entitled to qual- ified immunity for an alleged constitutional violation is determined by the two- step analysis in Saucier v.

Van Ooteghem v. Gray

628 F.2d 488 · Court of Appeals for the Fifth Circuit · Oct 22, 1980

Based on the stipulated facts of this case, we cannot find these conclusions to be clearly erroneous. … Although the court in Pickering, supra, pursued this inquiry in terms of whether the speech in question was, “on balance”, “constitutionally protected”, 391 U.S. at 568 , 88 S.Ct. at .1734, subsequent cases have clearly established

United States v. Hope

487 F.3d 224 · Court of Appeals for the Fifth Circuit · May 15, 2007

The district court granted the motion, entered a final judgment of acquittal, and dismissed the Rule 33 motion as moot.1 The district court reasoned that the evidence was insufficient to establish … crime charged.2 We therefore hold that, notwithstanding the transcript, the district court erred in entering a judgment of acquittal because the evidence introduced at trial clearly

Billy Ray Self v. Frank Blackburn, Warden, Louisiana State Penitentiary and William J. Guste, Jr., Attorney General, State of Louisiana

751 F.2d 789 · Court of Appeals for the Fifth Circuit · Jan 31, 1985

over a juvenile charged with a capital crime even if the defendant pleads to a lesser offense or the jury returns a verdict for a lesser offense. 8 The amended statute, the full text of which is set forth in the footnote, clearly … He has not established that any plea agreement with the state contained any promise of parole eligibility after a certain number of years.

H. M. Harrington, Jr. v. Texaco, Inc.

339 F.2d 814 · Court of Appeals for the Fifth Circuit · Feb 9, 1965

On numerous runs into the well, conducted by a qualified operator, a measured depth of 5080 to 5090 feet was established. … trial court in the initial stages, but now practically abandoned, was that Texaco’s damages must be limited to the difference in the evaluation of the mineral estate before *821 .and after the trespass and conversion is clearly

Security Life and Accident Insurance Company v. United States

357 F.2d 145 · Court of Appeals for the Fifth Circuit · Apr 11, 1966

The rule, well established when Blackstone wrote, was stated in one of the early Alabama cases in this language: “The principle is too well established for further controversy, that, when a tenant for years holds over after … This falls far short of establishing any fact that would rebut *150 the presumption or implication of a holder tenancy. In Kugler v.

United States v. White

307 F.3d 336 · Court of Appeals for the Fifth Circuit · Sep 23, 2002

On September 16, 1998, White filed pro se the instant section 2255 motion to vacate, set aside, or reduce his sentence based on the government’s failure to provide DEA lab reports establishing the quantity of drugs. … On the other hand, he may argue that he received ineffective assistance of counsel at his sentencing and that all ineffective assistance of counsel arguments are immune from waiver.

James v. Mellen

305 F. App'x 192 · Court of Appeals for the Fifth Circuit · Dec 15, 2008

This court employs a two-step analysis to determine whether a government official is entitled to qualified immunity. … Second, if the plaintiff has adequately alleged a violation of a clearly established right, we “decide whether the conduct was objectively reasonable in light of clearly established law at the time of the incident.” Id.

Hidalgo & Cameron Counties Water Control & Improvement Dist. No. 9 v. American Rio Grande Land & Irrigation Co.

103 F.2d 509 · Court of Appeals for the Fifth Circuit · Apr 3, 1939

the payment thereof; provided the Legislature shall not author *512 ize the issuance of any bonds or provide for any indebtedness against any reclamation district unless such proposition shall first be submitted to the qualified … The Act of 1929 very clearly gives a lien to, and also exempts from limitation, both the charges under Sect. 106 and the flat-rate assessments under Sect. 109 in these words taken from Section 77a (b): “All taxes, or charges

Clifton v. Heckler

755 F.2d 1138 · Court of Appeals for the Fifth Circuit · Mar 25, 1985

Because the EAJA represents a waiver of the federal government's immunity from suits for attorney's fees 11 and because a waiver of sovereign immunity must be construed strictly, 12 we hold that the statutory time limitation … The Equal Access to Justice Act significantly abridged the government's immunity from suits for attorneys' fees. As a waiver of sovereign immunity, the Act must be strictly construed.

In Re: Horseshoe

337 F.3d 429 · Court of Appeals for the Fifth Circuit · Jul 31, 2003

The first issue that a district court must address in ruling on a motion to transfer under § 1404(a) is the question of whether the judicial district to which transfer is sought qualifies under the applicable venue statutes … transfer be denied.9 Since the relevant factors appear to be evenly divided between the two alternatives, the Court finds that defendant has failed to carry its burden of establishing

Manuel Welch v. Lillie v. McKenzie

765 F.2d 1311 · Court of Appeals for the Fifth Circuit · Jul 22, 1985

Hood, led the field and qualified for the runoff primary. In the runoff, Hood received 877 votes to Welch’s 858. … These findings that no official actor bore responsibility for the Tillman fraud are not clearly erroneous.

Ralph Partridge and Betty Partridge v. Two Unknown Police Officers of the City of Houston, Texas

791 F.2d 1182 · Court of Appeals for the Fifth Circuit · Jun 13, 1986

We noted at the time that we had ‘no occasion to address ... the full contours of municipal immunity under § 1983 .. id., at 695, 98 S.Ct., at 2038, and expressly left such development ‘to another day.’ … permit such liability to be imposed merely on evidence of the wrongful actions of a single city employee not authorized to make any city policy”. 25 By implication both opinions recognize municipal liability if the complaint clearly

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.

Alegria v. Williams

314 F. App'x 687 · Court of Appeals for the Fifth Circuit · Mar 12, 2009

We note that there is some discussion of the defense of qualified immunity in plaintiff’s brief. Appellant Brief 54–58. … Id. at 55 (discussing “qualified immunity on behalf of Williams, Kelly, and the State of Texas”).