Case law

Parr v. Quarterman

472 F.3d 245 · Court of Appeals for the Fifth Circuit · Dec 7, 2006

“A state court’s decision will be contrary to clearly established federal law when it reaches a legal conclusion in direct opposition to a prior decision of the . . . … Accordingly, the decision not to consider the juror interviews was neither objectively unreasonable nor contrary to clearly established federal law.

Humphrey v. Hall

Court of Appeals for the Fifth Circuit · Mar 29, 2023

Because the defendants asserted the defense of qualified immunity, the usual summary judgment burden is altered; after the defense was pleaded, the burden shifted to Humphrey to show that the defense was unavailable … In determining whether qualified immunity applies, the court reviews: (1) whether the plaintiff has alleged a violation of a constitutional right; and (2) if so, whether the right was clearly established at the time

John William Phillips and Jacqueline Phillips, for Themselves and All Others Similarly Situated v. Mary Helen Andress

634 F.2d 947 · Court of Appeals for the Fifth Circuit · Jan 22, 1981

The Alabama Code, § 16-8-1 (1977), provides that members of county boards of education “shall be elected by the qualified electors of the county.” … We do not decide that any of the lower court’s findings of fact are “clearly erroneous,” but we do arrive at a different conclusion from those facts.

Kale Flagg v. Denise Elliot

801 F.3d 456 · Court of Appeals for the Fifth Circuit · Sep 4, 2015

The LMMA governs claims for “any unintentional tort or breach of contract” brought against a qualified “health care provider.” La.Rev.Stat. Ann. §§ 40:1299.41, 40:1299.47. … The Medical Defendants and the Manufacturing Defendants are clearly properly joined parties in this case under Federal Rule of Civil Procedure 20.

Johnnie Pegues v. Morehouse Parish School Board

706 F.2d 735 · Court of Appeals for the Fifth Circuit · Jun 10, 1983

at bar is our mandate that dismissals and demotions may-not be premised on racial or ethnic considerations and, in instances of *739 dismissals or demotions accomplished pursuant to objective, nondiscriminatory criteria, qualified … Accordingly, it is clearly appropriate to look solely to the number of principals involved instead of the total number of personnel involved.”); Ayers v.

Knights of Ku Klux Klan v. East Baton Rouge Parish School Board

735 F.2d 895 · Court of Appeals for the Fifth Circuit · Jul 9, 1984

In Klan III we remanded to determine whether the Klan qualified under section 2412(b) or (d). 679 F.2d at 69. … Indeed the government requested a remand to enable it to establish a record to justify barring the Klan.

Guzman v. Stoudt

208 F. App'x 362 · Court of Appeals for the Fifth Circuit · Dec 8, 2006

First, the court asks whether the plaintiff has alleged a violation of a clearly established constitutional right. Id. at 322-23. … If so, the court must then decide whether the defendant’s conduct was objectively reasonable in light of the clearly established law at the time of the incident. Id. at 323.

Tyler v. Union Oil Co. of California

304 F.3d 379 · Court of Appeals for the Fifth Circuit · Sep 16, 2002

less qualified that Burkett. … These plaintiffs have obtained “at least some relief on the merits” and thus qualify as prevailing parties.

United States v. Glen Clay

Court of Appeals for the Fifth Circuit · Apr 25, 2019

At bottom, Clay alleged that the sentencing court “only relied on the now invalid ‘residual clause’ to establish that [his] prior state court convictions supported an enhanced sentence” under the ACCA. … STANDARD OF REVIEW “In challenges to district court decisions under 28 U.S.C. § 2255, we measure findings of fact against the clearly erroneous standard and questions of law de novo.” United States v.

Cotroneo v. Shaw Environment & Infra-Structure, Inc.

639 F.3d 186 · Court of Appeals for the Fifth Circuit · Apr 14, 2011

Nothing in § 2210 immunizes licensees and contractors from liability for other kinds of harms or prevents them from providing their own self-insurance or private insurance against such liability. … The majority holds that those remaining claims must be dismissed, even though there has been no showing that the plaintiffs are unable to establish any of the elements of those claims.

Sanchez v. Perez

161 F.3d 8 · Court of Appeals for the Fifth Circuit · Oct 8, 1998

PER CURIAM:* Juan Jorge Sanchez, Texas prisoner § 577512, argues that the magistrate judge erred in determining that the defendants were entitled to the defense of qualified immunity based on a clearly erroneous

United States v. Wen Chyu Liu

716 F.3d 159 · Court of Appeals for the Fifth Circuit · May 6, 2013

Let me see how you qualify this witness, and what areas he’s qualified in, and see what questions you ask him.” … At the outset, it is clear to us that the district court’s wholesale exclusion of the expert’s testimony was error.19 The Government clearly objected only to the portion of Ostermiller’s testimony in which he would have compared

Nancy Hastings v. G. B. Bonner, and Arthur Johnson, Individually and as Agents and Employees of the School Board of Wakulla County, Florida

578 F.2d 136 · Court of Appeals for the Fifth Circuit · Aug 14, 1978

Hazlett; that Principal Johnson “had more than sufficient justification for not recommending Hastings and Sullivan for further employment,” and that the evidence did not establish that his recommendations were “impermissably … Sullivan were replaced in order to upgrade the system by selecting more qualified teachers. One important fact not in dispute is that during 1973-74, all three appellants performed their classroom duties satisfactorily.

Hester v. CSX Transportation, Inc.

61 F.3d 382 · Court of Appeals for the Fifth Circuit · Aug 21, 1995

This clearly distinguishes the present case from Lusby v. … This finding is not clearly erroneous.

United States v. Lawton Scott Mock

604 F.2d 341 · Court of Appeals for the Fifth Circuit · Oct 9, 1979

In attacking the credibility of Kilgore’s testimony, the memorandum pointed out inconsistencies between his testimony at trial and his testimony at prior proceedings, 3 the immunity which he was granted by the government, … Most of these arguments were supported with direct reference to Kil-gore’s testimony. 7 One of those references bears quotation, since it clearly shows that the government argued appellant’s involvement in the Alvarez conspiracy

Alton Crain v. City of Selma

952 F.3d 634 · Court of Appeals for the Fifth Circuit · Mar 12, 2020

Like the district court, we assume that Crain established a prima facie case of disparate treatment under the FHA. … The district court did not rule on the validity of this claim, and Crain does not clearly address it in his appeal.

Doe Ex Rel. Doe v. Hillsboro Independent School District

113 F.3d 1412 · Court of Appeals for the Fifth Circuit · Jun 16, 1997

This appeal of the district court’s *1414 denial of qualified immunity followed. 1 A divided panel of this court affirmed. We took the case en banc and now reverse. … School Dist., 996 F.2d 745 , 760-62 (5th Cir.1993) (finding the evidence insufficient to establish .deliberate indifference where a school district failed to terminate a teacher with a history of abusing students sexually

Bortherhood of Locomotive Firemen and Enginemen v. Southern Pacific Company (Texas and Louisiana Lines), Brotherhood of Locomotive Engineers, Party

447 F.2d 1127 · Court of Appeals for the Fifth Circuit · Aug 30, 1971

Since openings in the engineering ranks are not normally available, employees who are newly qualified as engineers continue to work as firemen until the demand for active engineers has reached far enough down the seniority … To this end the Act establishes three status quo provisions, each covering a different stage of the major dispute settlement procedures.

Acridge v. Evangel Luther

334 F.3d 444 · Court of Appeals for the Fifth Circuit · Jul 22, 2003

The defendants also moved for summary judgment, claiming that each defendant was entitled to official immunity from suit. … There is no durational residency requirement in the establishment of domicile; once presence in the new state and intent to remain are met, the new domicile is instantaneously established. 15 Moore’s Federal Practice

United States v. Isabel G. Hernandez

825 F.2d 846 · Court of Appeals for the Fifth Circuit · Aug 14, 1987

Officers Gay and Villanueva were clearly identifiable as police officers. Both suspects were asked to show the officers any money they had. … The virtual simultaneity of the present arrest of Hernandez and the search of his person certainly qualifies the arrest as following “quickly on the heels of the challenged search.”