Case law

Hershel Hiram McKnight v. United States

507 F.2d 1034 · Court of Appeals for the Fifth Circuit · Feb 12, 1975

Because McKnight’s uncontested factual allegations establish a bona fide controversy, requiring resolution by an evidentiary hearing and resultant findings, we reverse and remand. … We will not assume abandonment of the right to appeal from a criminal conviction unless facts clearly supporting such an assumption are developed on the record. Morris v.

Crape v. Brazoria County

Court of Appeals for the Fifth Circuit · Jun 3, 2003

First, a defendant is entitled to qualified immunity when a plaintiff has failed to allege the violation of a clearly established constitutional right. Id. … Second, a defense of qualified immunity will succeed if the defendant's conduct was objectively reasonable at the time in light of clearly established law. Id.

Local 189 v. United States

416 F.2d 980 · Court of Appeals for the Fifth Circuit · Oct 1, 1969

Nearly all of the references are clearly to employment seniority. … Any differences in treatment based on established seniority rights would not be based on race and would not be forbidden by the title." Ibid. "Title VII would have no effect on established seniority rights.

American Federation of Unions Local 102 Health & Welfare Fund v. Equitable Life Assurance Society of the United States, Defendants

841 F.2d 658 · Court of Appeals for the Fifth Circuit · Apr 8, 1988

Holden’s authority to grant or deny claims, to manage and disburse fund assets and to maintain claims files clearly qualifies as discretionary control respecting management of a plan or its assets within the meaning of § … These actions were clearly beyond the scope of his duties as an Equitable agent.

Mardon R. Walker and James R. Forman v. State of Georgia

417 F.2d 5 · Court of Appeals for the Fifth Circuit · Sep 29, 1969

If his allegations in this regard are found to be true, then it would follow that his conduct is immunized from prosecution by 42 U.S.C.A. § 2000a-2 (c). … Demonstrators are clearly responsible for any intentional destruction of property.

Houser v. Sears, Roebuck & Co.

627 F.2d 756 · Court of Appeals for the Fifth Circuit · Oct 10, 1980

In terms of Boeing and of the facts of this case, then, the jury verdict must be allowed to stand (and, consequently, the district court's grant of judgment n. o. v. must be reversed) unless the facts point so clearly and … Discrimination 12 In its order granting Sears' motion for judgment notwithstanding the verdict, the district court found that Houser had produced a prima facie case under the ADEA: Houser was terminated at age 54; 5 he was qualified

Musslewhite v. State Bar of Texas

32 F.3d 942 · Court of Appeals for the Fifth Circuit · Sep 22, 1994

The Feldman case involved an apparently qualified applicant to the District of Columbia bar who, in spite of his qualifications, had not graduated from an accredited law school. … Harris18, the Supreme Court established a policy whereby federal intervention in ongoing state criminal proceedings is barred absent extraordinary circumstances.

Tomas Soliz v. Kenneth Plunkett, A/K/A "Guy Plunkett"

615 F.2d 272 · Court of Appeals for the Fifth Circuit · May 19, 1980

burden then the burden shifted to the defendants to show that they were within one of the enumerated exceptions to the statutory definition of a farm labor contractor. 1 Accordingly, we need not consider whether Plunkett qualifies … under one of the exceptions because the burden of establishing the applicability of an exception lies with the defendants and because the evidence admitted prior to dismissal failed to establish the applicability of any

United States v. Joseph Ebron

683 F.3d 105 · Court of Appeals for the Fifth Circuit · May 30, 2012

“The burden of establishing the existence of any aggravating factor is on the government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt.” 18 U.S.C. § 3593(c). … “The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless the existence of such a factor is established by a preponderance of the information.” Id. at § 3593(c).

Rathjen v. Litchfield

878 F.2d 836 · Court of Appeals for the Fifth Circuit · Jul 31, 1989

Yet, in Connick , the Court also established that the first amendment does not prevent a government employer from taking action in response to an employee’s expression that does not touch upon a matter of public concern: … Since we reverse on the due process claim and the retaliation claim, we need not address either Litchfield’s right to qualified immunity, or the city’s objection to an award of attorneys’ fees that included services rendered

United States v. 8.41 Acres of Land, More or Less, Situated in Orange County, State of Texas, and Kww Associates and Unknown Owners, United States of America v. 5.00 Acres of Land, More or Less, Situated in Orange County, State of Texas, and Firestone Tire and Rubber Company, United States of America v. 6.90 Acres of Land, More or Less, Situated in Orange County, State of Texas, and Firestone Tire and Rubber Company and Unknown Owners

680 F.2d 388 · Court of Appeals for the Fifth Circuit · Jul 14, 1982

The burden of establishing the value of lands sought to be condemned is on the landowner. … See also 158.24 Acres of Land, in Bee County, Texas, 515 F.2d at 233 . 6 The "unity" of a tract normally becomes an issue where landowners are seeking to qualify for "severance damages" to property not taken.

Copeland v. Nunan

Court of Appeals for the Fifth Circuit · Feb 21, 2001

Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no “clearly established … In deciding whether an official is entitled to qualified immunity, “we must determine: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (

Newberry v. East Texas State Uni

Court of Appeals for the Fifth Circuit · Jan 4, 1999

The court dismissed the §§ 1985 and 1986 claims on the basis that Wadley and Houston were protected by qualified immunity. … Subsection (3) might appear to apply literally but the Guidelines clearly explain its purpose with the following example: “This situation could occur, for example, if an employer discharged an

67 Fair empl.prac.cas. (Bna) 798, 66 Empl. Prac. Dec. P 43,496 Bruce T. Shattuck, Plaintiff-Appellee/cross-Appellant v. Kinetic Concepts, Inc., Defendant-Appellant/cross-Appellee

49 F.3d 1106 · Court of Appeals for the Fifth Circuit · May 12, 1995

Nashville Banner Publishing Co. 1 that evidence of employee wrongdoing acquired by the employer after termination does not provide immunity from liability but may affect the remedy. … General Motors Corp. 13 --whether the plaintiff was qualified to assume another position at the time of discharge. We do not agree.

Fitch v. Morrow

199 F. App'x 347 · Court of Appeals for the Fifth Circuit · Aug 30, 2006

Morrow’s conduct, however, is shielded by qualified immunity in light of clearly established law. Saucier v. Katz, 533 U.S. 194, 210-11 (2001). … The clearly established law relied upon in applying the qualified immunity claim in this case is the “break in the causal chain” doctrine.

United States v. Santos Casas

809 F.3d 243 · Court of Appeals for the Fifth Circuit · Dec 11, 2015

First, he argues that the evidence was insufficient to establish that he personally distributed over five kilograms of cocaine. This argument misunderstands the law. … The district judge did not clearly err in finding that Navarro controlled activities at the apartment.

Apache Bohai Corp. LDC v. Texaco China BV

480 F.3d 397 · Court of Appeals for the Fifth Circuit · Feb 27, 2007

The “essence” however, in line with “our well-established de- test is an application of the inquiry into wheth- ference to arbitration as a favored method of er arbitrators have “exceeded their powers;” it … to serve as an arbitra- general immunity from liability for conse- tor.”

David Darrell Moore v. Ray Mabus

976 F.2d 268 · Court of Appeals for the Fifth Circuit · Nov 2, 1992

determination must be made with “due regard for differences in the kind of conduct to which an Eighth Amendment objection is lodged.” 16 The Court reaffirmed an earlier holding that “[sjome conditions of confinement may establish … The "district court should promptly appoint qualified counsel. Conclusion The denial of the motion for the appointment of counsel is REVERSED and counsel is to be appointed.

Sec v. Southwest Coal & Energy Co.

624 F.2d 1312 · Court of Appeals for the Fifth Circuit · Aug 28, 1980

Under the Manor Nursing construct, however, one who proves a misrepresentation actionable under § 11 or § 12(2) has also proved a violation of § 5, thus automatically establishing liability per se under § 12(1). … These conclusions are not clearly erroneous 14 Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a), provides: (a) It shall be unlawful for any person in the offer or sale of any securities by the use of any means

United States v. Hayes

342 F.3d 385 · Court of Appeals for the Fifth Circuit · Aug 6, 2003

According the pre-sentence report (“PSR”), Hayes qualified as a career offender because he had two prior felony convictions for distribution of cocaine and armed robbery. … After reviewing the record in detail, we conclude that the evidence clearly establishes that Hayes conspired with Darrick to distribute less than fifty grams of crack cocaine.