Case law

Whaley v. Valdez

340 F. App'x 241 · Court of Appeals for the Fifth Circuit · Aug 6, 2009

immunity is the legal conclusion that a reasonable official in the sheriff’s position would understand that her conduct violated Whaley’s clearly established rights. … Accordingly, Sheriff Valdez has not shown that the district court erred in determining that she was not entitled to qualified immunity.

Ashe v. Corley

Court of Appeals for the Fifth Circuit · Jun 1, 1993

Next, the County argued that the plaintiffs had failed to allege any method of overcoming the qualified immunity of the individual members of the sheriff's department. … Of course, the qualified immunity of the officers is immaterial when plaintiffs are proceeding in an official-capacity action. Kentucky v. Graham, 473 U.S. 159, 166-67, 105 S.Ct. 3099, 3105-06, 87 L.Ed.2d 114 (1985).

Professional Association Of College Educators v. El Paso County Community College District

730 F.2d 258 · Court of Appeals for the Fifth Circuit · Apr 20, 1984

The Supreme Court clearly articulated this proposition in Mt. Healthy City Board of Education v. … Tilendis, 398 F.2d 287, 290 (7th Cir.1968), the Seventh Circuit rejected a claim of absolute immunity for a school superintendent, saying, "To hold defendants absolutely immune from this type of suit would frustrate the very

Congress Of Racial Equality v. Bryan Clemmons

323 F.2d 54 · Court of Appeals for the Fifth Circuit · Oct 18, 1963

The State invokes the Fourteenth Amendment against private individuals, although the Fourteenth Amendment establishes constitutional rights in favor of private individuals and against the State. … On the question of diversity the instant case is clearly distinguishable from our recent case of Congress of Racial Equality et al. v.

H. B. Zachry Company v. Occupational Safety and Health Review Commission

638 F.2d 812 · Court of Appeals for the Fifth Circuit · Mar 2, 1981

Clearly, the cited standard applies to all cranes. … (ii) A load rating chart with clearly legible letters and figures shall be provided and securely fixed at a location easily visible to the operator.

United States v. Jefferson County Board of Education

372 F.2d 836 · Court of Appeals for the Fifth Circuit · Dec 29, 1966

This is *873 the right of Negroes to national citizenship, their right as a class to share the privileges and immunities only white citizens had enjoyed as a class. … “Innumerable cases have clearly established the principle that under circumstances such as this where a history of racial discrimination exists, the burden of proof has been thrown upon the party having the power to produce

Apple Barrel Productions, Inc. v. Beard

730 F.2d 384 · Court of Appeals for the Fifth Circuit · Apr 23, 1984

Just as with any song or dance submitted alone, a collection of non-copyrightable material may qualify for protection if original skill and labor is expended in creating the work. … This is a valid point and clearly establishes the potential for harm to plaintiffs in the event that a preliminary injunction is not granted.

Joseph Thomas v. Tate Reeves

961 F.3d 800 · Court of Appeals for the Fifth Circuit · Jun 18, 2020

And no canon, however esteemed, can defeat the obvious, non-absurd meaning of clearly drafted text. In this case, however, the text is anything but clearly drafted. … B Batting leadoff today, the series-qualifier canon. 11 The series-qualifier canon is a syntactic canon that looks to the grammatical arrangement of words in a sentence.

22 Fair empl.prac.cas. 768, 22 Empl. Prac. Dec. P 30,802 Mauro Ramirez, Individually and on Behalf of All Others Similarly Situated v. Jesse Sloss, Individually and in His Official Capacity as City Manager of the City of Brownsville, Texas

615 F.2d 163 · Court of Appeals for the Fifth Circuit · Apr 7, 1980

These findings are not complete or accurate even when judged by the clearly erroneous standard. 11 Hinojosa's testimony established that he instructed Ramirez "it was city policy to hire U.S. citizens." … THE INDIVIDUAL PRIMA FACIE CASE 19 The district court's conclusions of law are of course unfettered by the clearly erroneous rule.

Jon Carmichael v. Ronnie Galbraith

574 F. App'x 286 · Court of Appeals for the Fifth Circuit · Jun 19, 2014

The Carmichaels challenge the district court’s other reasons for dismissing the claims but they are silent regarding qualified immunity. … Hollins, 551 F.3d 322, 326 (5th Cir.2008) (“[T]he plaintiff has the burden to negate the [qualified-immunity] defense once properly raised.”). . Turner v. Houma Mun. Fire & Police Civil Serv.

Texas Co. v. Quelquejeu

263 F. 491 · Court of Appeals for the Fifth Circuit · Feb 20, 1920

And the rule is very clearly stated by Mechem, Eaw of Agency, § 289: “Every person dealing with an agent is bound to ascertain the nature and extent of his authority. … As a matter of fact, the company never did qualify to do business, and never did any, in the republic of Panama.

Mrs. Lillian C. Stevens, Testamentary of the Succession of Dr. Noah S. Cutrer and Nicholas D. Olivier v. Humble Oil & Refining Company

346 F.2d 43 · Court of Appeals for the Fifth Circuit · Jul 21, 1965

As Judge Wright pointed out in his opinion establishing the escrow: “that is the source of the difficulty. … In Daigle the Louisiana Supreme Court described the action to quiet title: “The action to quiet title is clearly one to remove a cloud therefrom.

Alston v. Fleetwood Motor Homes of Indiana Inc.

480 F.3d 695 · Court of Appeals for the Fifth Circuit · Feb 28, 2007

Thus, they have not established a nonpecuniary interest in the RV so as to qualify for mental anguish damages. … While we sympathize with Fleetwood’s desire to be credited for the miles used for the Alstons’ vacations, under this deferential standard of review, we cannot say that the district court clearly erred when it determined

Lefebure v. D'aquila

15 F.4th 650 · Court of Appeals for the Fifth Circuit · Oct 5, 2021

The paucity of failure-to-protect cases against prosecutors likely stems in part from absolute prosecutorial immunity. … But while prosecutors enjoy immunity from suits filed against them in their individual capacity, see Imbler v.

United States v. Cano-Guel

167 F.3d 900 · Court of Appeals for the Fifth Circuit · Feb 12, 1999

The narrow scope of review for sufficiency of the evidence 6 following a conviction is well established. … defendant’s refusal to acknowledge essential elements of an offense is incongruous with the guideline’s commentary that truthful admission of the conduct comprising an offense is relevant in determining whether a defendant qualifies

20 Fair empl.prac.cas. 62, 20 Empl. Prac. Dec. P 30,049 Mack Scott v. The City of Anniston, Alabama

597 F.2d 897 · Court of Appeals for the Fifth Circuit · Jul 13, 1979

Validation, in general, requires a demonstration that “the qualifying tests are appropriate for the selection of qualified applicants for the job in question.” Id. … The trier of fact made a credibility determination that clearly was both its prerogative and its duty. The court’s denial of Scott’s claim is fully supported by the record. V.

United States v. Thomas J. Harlan

35 F.3d 176 · Court of Appeals for the Fifth Circuit · Sep 30, 1994

defendant’s refusal to acknowledge essential elements of an offense is incongruous with the guideline’s commentary that truthful admission of the conduct comprising an offense is relevant in determining whether a defendant qualifies … I thought we established legal acceptance of responsibility. It would have been easy for Mr. Harlan because — ." (R., Vol. Ill, at 11) 7 .

Alfred I. Dupont Testamentary Trust v. Commissioner of Internal Revenue

514 F.2d 917 · Court of Appeals for the Fifth Circuit · Jun 12, 1975

The 1929 agreement clearly establishes that Mr. duPont conveyed the Almour securities to the corporation, which he continuously owned and controlled until the time of his death, to enable it to pay taxes and maintenance expenses … The problem is that Nemours did not qualify as property held for production of income. 6 .

Med-Cert Home Care v. Becerra

19 F.4th 828 · Court of Appeals for the Fifth Circuit · Dec 9, 2021

Step two involves “reconsideration” by a qualified independent contractor. 42 U.S.C. § 1395ff(b)–(c); 42 C.F.R. §§ 405.902, 405.904(a)(2). … But as we said in Sahara, that is not enough to establish a right to such a hearing.

Avondale Industries, Inc. v. International Marine Carriers, Inc. And the United States of America

15 F.3d 489 · Court of Appeals for the Fifth Circuit · Apr 8, 1994

Questions concerning the existence of negligence and causation are treated as factual issues subject to the clearly erroneous standard. Todd at 405. … Further, testimony established that when the pilot released the AVON II, the tug captain told the first mate to let her go. The first mate did release her, and reported his action to the bridge.