Case law

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”).

Donna Clyce v. Hunt County Texas

515 F. App'x 319 · Court of Appeals for the Fifth Circuit · Mar 4, 2013

The district court granted summary judgment in favor of the individual detention officers, holding that they were entitled to qualified immunity from suit in their individual capacities. … The Clyces appeal only the summary judgment in favor of Hunt County and do not contest the qualified-immunity summary judgment in favor of the individual defendants.

John W. McGowan v. F. Ray Marshall, Secretary of Labor, and Occupational Safety and Health Review Commission

604 F.2d 885 · Court of Appeals for the Fifth Circuit · Oct 16, 1979

First, the administrative framework established by Congress in the Act is a finely tuned machine designed to promote expert and consistent administration. … At any rate, the Commission properly denied this motion, for the doctrine of sovereign immunity bars the award of attorney’s fees and costs to be taxed against an agency of the United States unless there is Congressional

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.

W. Thcker Blaine, Sr. v. United States

441 F.2d 917 · Court of Appeals for the Fifth Circuit · Jun 21, 1971

United States brings this appeal contending that insurance expirations are goodwill of an insurance agency and not depreciable as a matter of law, and even if they are depreciable the finding of a useful life of six years is clearly … United States where it was said: To qualify intangible property for amortization, taxpayers had the burden of establishing that it was of use in the business for only a limited time and that the length of this period was

Snow Ingredients, Incorporated v. SnoWizard

833 F.3d 512 · Court of Appeals for the Fifth Circuit · Aug 15, 2016

To establish a civil-RICO claim, a plaintiff must establish three common elements: “(1) a person who engages in (2) a pattern of racketeering activity, (3) connected to the acquisition, establishment, conduct, or control … Germain was “a close case [arguing for sanctions] given that [counsel and his client] clearly have not presented a cognizable civil RICO claim.” Id. at 264.

Franklin YEAGER, Walter Brandt, Don C. Yeager and Mark Yeager, Plaintiffs-Appellants, v. CITY of McGREGOR, Et Al., Defendants-Appellees

980 F.2d 337 · Court of Appeals for the Fifth Circuit · Feb 8, 1993

This self-qualifying reference does not decide the present case. … The Court has similarly qualified Evans, v. Newton, 382 U.S. 296 , 86 S.Ct. 486 , 15 L.Ed.2d 373 (1966), as establishing a narrow, fact-specific application of the public function concept.

Harold Ryals v. Attorney General of Texas

608 F. App'x 274 · Court of Appeals for the Fifth Circuit · Jun 26, 2015

Finally, as to Cheryl Becker, the magistrate judge concluded that she was entitled to qualified immunity, in part because Ryals failed to demonstrate any constitutional violations. … Next, as to the magistrate judge’s dismissal of his § 1983 suit against Becker, Ryals makes no argument challenging the magistrate judge’s conclusion that qualified immunity precluded the claim against Becker that she unlawfully

Shannan Rojas v. Wells Fargo Bank, N.A.

571 F. App'x 274 · Court of Appeals for the Fifth Circuit · Jun 6, 2014

Improper joinder can be shown by demonstrating “the inability of the plaintiff to establish a cause of action against the non-diverse party in state court.” Id. at 573. … Alexander was improperly joined because the Texas Property Code creates a qualified immunity for mortgage trustees who make good faith errors.

Ernest Leroy White v. Dr. George J. Beto, Director, Texas Department of Corrections, State of Texas

322 F.2d 214 · Court of Appeals for the Fifth Circuit · Sep 23, 1963

The Court has clearly established that an indigent accused is entitled to counsel, if he wants one, despite his inability to pay for the service; that appointed counsel must have reasonable opportunity to prepare for his … In McKinzie it was held that a failure to comply with the Texas Statute in appointing qualified counsel was a denial of due process: Of equal importance and standing with the right to have counsel at the trial, is the right

Worldwide Labor Support of Mississippi, Inc. v. United States

312 F.3d 712 · Court of Appeals for the Fifth Circuit · Nov 15, 2002

As the majority opinion clearly explains, the process of determining whether a plan meets these requirements is complex, involving several distinct inquiries. … Thus, I believe the district court correctly found that Worldwide’s reimbursement plan did not qualify as “accountable plan” under the regulations.

Andricka Stewart v. Waco Independent School Dist

Court of Appeals for the Fifth Circuit · Mar 29, 2013

“To establish a prima facie case of discrimination under the ADA, [a plaintiff] must demonstrate: (1) that she is a qualified individual within the meaning of the ADA; (2) that she was excluded from participation in, or was … the first three incidents.10 But, “the fact that measures designed to stop harassment prove later to be ineffective does not establish that the steps taken were clearly unreasonable in light of the circumstances known

Andrew Johnson v. Dallas Independent School District

38 F.3d 198 · Court of Appeals for the Fifth Circuit · Dec 14, 1994

Third, plaintiff had not pled facts sufficient to overcome principal Breedlove's assertion of qualified immunity. … immunity. 18 For the foregoing reasons, the judgment of the district court is AFFIRMED.

Carty v. TX Dept of Pub Sfty

Court of Appeals for the Fifth Circuit · Dec 21, 2009

Callahan, 129 S.Ct. 808, 813 (2009) (“[P]etitioners are entitled to qualified immunity on the ground that it was not clearly established as the time of the search that their conduct was unconstitutional.”). 5 … I do not suggest that there must be a judicial decision “on all fours” before the law is clearly established for the purposes of official immunity. The Supreme Court observed in Hope v.

Flt Training Intl v. FAA

58 F.4th 234 · Court of Appeals for the Fifth Circuit · Jan 24, 2023

The issue, then, is whether the latter set of criteria, under § 61.157(b), are subsumed by the former set of criteria, established by the Must-Issue Rule. … While it requires curricula to meet certain standards, such as those pertaining to who may serve as a training instructor or evaluator, see, e.g., id. §§ 142.47, 142.55, it does not clearly show that one who qualifies

Belt v. EmCare, Inc.

444 F.3d 403 · Court of Appeals for the Fifth Circuit · Apr 6, 2006

which held that an agency’s interpretation of its own ambiguous regulation is controlling Nurse practitioners provide basic preven- unless clearly … exemption from FLSA overtime requirements rowly would make little sense, since he is free to write the regulations as broadly as he wishes, sub- for a retail establishment

National Labor Relations Board v. The Hertz Corporation

449 F.2d 711 · Court of Appeals for the Fifth Circuit · Oct 20, 1971

Yingling was clearly in sympathy with the Union’s organizational drive. Burns learned of her involvement in the conversation with Martin. … Martin, it was asserted, was well trained and qualified for the new job. Originally, Martin agreed to the transfer, assuming that she would be re-transferred to her old position when the sick employee returned.

Magnolia Bar Association, Inc. v. Roy Noble Lee

994 F.2d 1143 · Court of Appeals for the Fifth Circuit · Jul 9, 1993

They contend that the only evidence that the election of these two black judges was not aberrational is the testimony of the Defendants’ expert witness, who they contend was not qualified to render such an opinion. … In any event, these questions about hypothesizing more seats or drawing more lines to establish the first Gingles requirement are best left for another day.

Jerry Lynn Young v. Robert Herring, Lee County Sheriff

917 F.2d 858 · Court of Appeals for the Fifth Circuit · Nov 6, 1990

Reed to establish an independent and adequate state ground for decision. … We thus concluded that he did not qualify for the Wainwright v. Sykes “cause and prejudice” exception to the doctrine.

Eugene Frank STEWART, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF the KEMPER COUNTY SCHOOL DISTRICT Et Al., Defendants-Appellees

585 F.2d 1285 · Court of Appeals for the Fifth Circuit · Dec 11, 1978

This position had not been established at that time and was never established, but was only one of the several proposals under consideration. … That choice is not clearly erroneous.