Case law

Floyd Featherston v. John Mitchell, Attorney General of the United States

418 F.2d 582 · Court of Appeals for the Fifth Circuit · Feb 27, 1970

Clearly, a thorough examination of Featherston was required for the purpose of determining whether his mental impairment, if any, during the course of a blackout made him mentally incompetent by the Dusky standard. … Underlying section 4244 is the well-established principle in our jurisprudence that public justice is not served by trial of an individual for an alleged offense when that individual is mentally unable reasonably to comprehend

Michael Baker v. TDCJ-CID

Court of Appeals for the Fifth Circuit · Oct 22, 2019

Based on Ware’s averments, the defendants argued that Baker failed to establish that Ware was deliberately indifferent to his medical care and could not overcome Ware’s qualified immunity defense; they also argued that Baker … Moreover, Baker failed to overcome Ware’s qualified immunity defense because he did not show that Ware violated a constitutional right or that the right was clearly established at the time of the challenged conduct.

Magness v. Russian Federation

247 F.3d 609 · Court of Appeals for the Fifth Circuit · Apr 24, 2001

In this appeal we are called upon to interpret the service of process provisions of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1608(a-b), which outlines the methods for serving … The law establishes that waiver under the FSIA occurs “only when the sovereign/state fails to assert immunity in a responsive pleading.” MCI Telecomm. Corp. v. Alhadhood, 82 F.3d 658, 661-62 (5th Cir. 1996).

Texas Medical Association v. HHS

Court of Appeals for the Fifth Circuit · Aug 2, 2024

The “qualifying payment amount” (“QPA”). See id. § 300gg-111(c)(5)(C)(i)(I). … As they correctly note, activities clearly contemplated by that provision include identifying the type of notice required to commence arbitrations, 45 C.F.R. § 149.510(b)(2)(iii), setting up an online portal for

Lawrence R. Alberti, Cross-Appellants v. Johnny Klevenhagen, Cross-Appellees

896 F.2d 927 · Court of Appeals for the Fifth Circuit · Mar 21, 1990

We are not persuaded that the district court’s finding that Oitzinger expended the claimed hours is clearly erroneous. See City of Riverside v. … Defendants’ response was: "This case does not qualify as complex litigation.” The district court addressed this argument, however, so it is properly before us.

United States v. Thompson

647 F.3d 180 · Court of Appeals for the Fifth Circuit · Jul 13, 2011

To satisfy the element of extortion, however, the government admits it needed to prove an additional deprivation of property that would qualify as extortion. … Nadaline, 471 F.2d 340, 344 (5th Cir. 1972), the labor provided by Cleveland qualifies as “property” within the meaning of the Hobbs Act. See United States v.

United States v. EX-USS Cabot/Dedalo

297 F.3d 378 · Court of Appeals for the Fifth Circuit · Jul 1, 2002

Coast Guard has not been sustained by the Courts.26 This passage, clearly dictum, has had a mixed reception among courts and commentators. … The district court therefore clearly erred in concluding that the Coast Guard acted voluntarily and may now make a salvage claim.

Brandon LaVergne v. Michael Vaughn

Court of Appeals for the Fifth Circuit · Mar 12, 2020

First, LaVergne has not shown that the “mail block” violated clearly established law. See McCreary, 738 F.3d at 655-56. … Accordingly, we are unpersuaded that the district court erred in granting summary judgment based on qualified immunity with respect to his constitutional challenges to the mail block.

George Sisk v. Mary Hawkins Levings, Defendants-Appellees._____ Anne King v. Mary Hawkins Levings, Defendants-Appellees._____ Richard MacNealy v. Mary Hawkins Levings, Defendants-Appellees._____ Diane N. Hughes, of the Estate of Earline Nations, Deceased v. Mary Hawkins Levings, Defendants-Appellees._____ Washington Gross v. Mary Hawkins Levings

868 F.2d 159 · Court of Appeals for the Fifth Circuit · Mar 21, 1989

Madison city officials were acting in their legislative or executive capacities in instituting the derivative action against the Bear Creek Directors and whether the Madison city officials should be accorded absolute or qualified … immunity for their actions. 16 For the foregoing reasons, we affirm. 17 AFFIRMED. 1 In this regard, we note that the district court dismissed any pendent state law claims of the Bear Creek Directors against the Madison city

Byers v. City of Eunice

157 F. App'x 680 · Court of Appeals for the Fifth Circuit · Dec 1, 2005

5 that then clearly established law”. … clearly established law.

Glass Containers Corporation, Cross v. Miller Brewing Company, Cross

643 F.2d 308 · Court of Appeals for the Fifth Circuit · Apr 22, 1981

This MBC argument is clearly of no merit. The refusal to instruct the jury on the 7 oz. bottle defense was no abuse of sound discretion. … Challenged Jury Findings MBC contends that the record does not establish either that GCC could have delivered (1) the 500,000 cases of 12 oz. bottles called for by the 1975 contract by December 31,1975, or (2) the 330,000

Sanders v. Russell

401 F.2d 241 · Court of Appeals for the Fifth Circuit · Sep 18, 1968

The Rule as here applied, clearly contravenes the Congressional intent as embodied in the civil rights acts. … C.A. § 2071, “The Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business.

North Mississippi Communications, Inc., and Pamela McPhail Ivy v. Douglas W. Jones, Desoto County Board of Supervisor

951 F.2d 652 · Court of Appeals for the Fifth Circuit · Jan 28, 1992

From mid-1977 forward, however, the evidence at trial clearly showed that the Board opted to give almost all its legal notice business to the Tribune. … We decided that the record evidence established the motivating factor inquiry; without this, there would be no occasion for us to remand in order to consider Mt. Healthy.

David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.

650 F.2d 555 · Court of Appeals for the Fifth Circuit · Jun 26, 1981

Irreparable injury to the movant is established by the fact that TDC must go to the effort and expense of furnishing the district court with a plan for the establishment of such community correction facilities by November … Given the urgent need for additional facilities for inmate housing to relieve the overcrowding at TDC, thé balance of equities clearly lies in favor of staying this portion of the district court’s order pending appeal.

James P. Mitchell, Secretary of Labor, United States Department of Labor v. Harry Jaffe

261 F.2d 883 · Court of Appeals for the Fifth Circuit · Dec 2, 1958

Clearly, this 100 tons of scrap metal comes within the literal definition of “goods.” … To be sure, a watchman may qualify as one whose work is a “ * * * closely related process or occupation directly essential to the production” of goods.

State of Louisiana, Ex Rel. William J. Guste, Jr., and Save Our Coast, Inc., Cross-Appellants v. Colonel Robert C. Lee, Cross-Appellees

853 F.2d 1219 · Court of Appeals for the Fifth Circuit · Sep 6, 1988

Therefore, Plaintiffs’ are clearly entitled to an award of attorneys’ fees and costs under the Equal Access to Justice Act ...”. This Court recently stated in Griffon v. U.S. … establishes that the Corps knew that the permit renewal might degrade the quality of some human environmental factor.

Hospitality Hse Inc v. Gilbert

Court of Appeals for the Fifth Circuit · Aug 28, 2002

Real Parties in Interest, 259 F.3d 387, 391 (5th Cir. 2001) (noting that “[w]ith appellate jurisdiction [over the state’s interlocutory appeal of the denial of Eleventh Amendment immunity] established,” it was proper “ … We thus conclude that to make a settlement agreement part of a dismissal order by incorporation, Kokkonen requires a district court to clearly indicate its intention within the dismissal order itself by expressly incorporating

Thompson v. TDCJ

67 F.4th 275 · Court of Appeals for the Fifth Circuit · May 5, 2023

approximately 9:00 p.m. on July 11 and focused on the standard of care provided to Thompson at _____________________ 2 Thompson also sued several state entities that enjoy sovereign immunity … And Thompson agrees that he received significant medical care following his stroke diagnosis.17 The law is “clearly established that a prison inmate [can] demonstrate an Eighth Amendment violation by showing

United States v. Villanueva

408 F.3d 193 · Court of Appeals for the Fifth Circuit · Apr 27, 2005

A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole. United States v. Valencia, 44 F.3d 269, 272 (5th Cir. 1995). … It is not enough that a defendant “does less than other participants; in order to qualify as a minor participant, a defendant must have been peripheral to the advancement of the illicit activity.”

Meredith v. Fair

298 F.2d 696 · Court of Appeals for the Fifth Circuit · Jan 12, 1962

It is a heavy burden on qualified Negro students, because of their race. … The limitation of evidence to that pertaining to the summer session of 1961 is clearly erroneous. It is erroneous since the policy and practice of the University in admissions were at issue.