Case law

Brown v. Wilson County

Court of Appeals for the Fifth Circuit · May 29, 2001

First, a defendant is entitled to qualified immunity when a plaintiff has failed to allege the violation of a clearly established constitutional right. Id. … Because this right was not clearly established at the time of the search, this claim falls to the defense of qualified immunity.

Eugene Loyd Webb v. Dr. George Beto, Director, Texas Department of Corrections

362 F.2d 105 · Court of Appeals for the Fifth Circuit · May 31, 1966

These facts alone preclude our overruling the District Court as “clearly erroneous.” … The facts here established clearly show that there has been no violation of the principles set forth in White v. State of Maryland, 373 U.S. 59 , 83 S.Ct. 1050 , 10 L.Ed.2d 193 ; Hamilton v.

47 Fair empl.prac.cas. 318, 47 Empl. Prac. Dec. P 38,121 Santos R. Hernandez, Cross-Appellant v. Hill Country Telephone Cooperative, Inc. And Anthony Thorne, Defendants- Cross-Appellees. Santos R. Hernandez v. Hill Country Telephone Cooperative, Inc. And Anthony Thorne, Defendants

849 F.2d 139 · Court of Appeals for the Fifth Circuit · Jul 19, 1988

Those factual findings are protected by the sturdy redoubt of Fed.R.Civ.P. 52(a), which directs our acceptance of factual findings unless clearly erroneous. … the Installer-Repairman positions which were filled by less qualified Anglo-Caucasians.

35 Fair empl.prac.cas. 533, 34 Empl. Prac. Dec. P 34,533 Thomas Salinas, Cross-Appellees, and Chester Torry, Plaintiff-Intervenor-Appellant Cross-Appellee, and Stuart M. Nelkin and Warren Weir v. Roadway Express, Inc., Roadway Express, Inc., Cross-Appellant

735 F.2d 1574 · Court of Appeals for the Fifth Circuit · Jul 16, 1984

This Court cannot determine whether the district court's selection of the January 1, 1968, cutoff date was clearly erroneous when the district court has made no more than conclusory findings. … It is stressed, however, that it is encumbent upon the court to clearly express the factual basis for its determination.

Burton v. United States

237 F.3d 490 · Court of Appeals for the Fifth Circuit · Dec 22, 2000

To establish such a claim under Brady v. … To establish a due process violation under Brady v.

Ana M. UVIEDO, Plaintiff-Appellee, v. STEVES SASH & DOOR COMPANY, Defendant-Appellant

738 F.2d 1425 · Court of Appeals for the Fifth Circuit · Aug 16, 1984

PROMOTION CLAIM To establish a prima facie case of disparate treatment in promotion, a plaintiff must show: (1) membership in a protected group; (2) an application for an open job for which he or she was qualified; (3) rejection … Gibbon and the basis for Ana Uviedo’s claim. 3 The magistrate’s finding of a prima facie case was not clearly erroneous.

Paul C. Edwards v. United States

519 F.2d 1137 · Court of Appeals for the Fifth Circuit · Sep 17, 1975

that a doctor need not live and work in a community to qualify as an expert witness 5 and in Hart v. … United States, 1973, 412 U.S. 521, 532-33 , 93 S.Ct. 2215, 2222 , 37 L.Ed.2d 121, 131 , the Supreme Court clearly recognized that liability under the Federal Tort Claims Act could arise if a federal official knew or should

Robert L. Parish v. National Collegiate Athletic Association

506 F.2d 1028 · Court of Appeals for the Fifth Circuit · Jan 9, 1975

In fact, however, the department almost certainly knew that appellants did not qualify under the 1.600 rule. … Appellants having failed their burden of proving discrimination against some clearly defined suspect group, we decline “to extend . . .

Carlton v. Fearneyhough

Court of Appeals for the Fifth Circuit · Mar 12, 2008

Public officials performing discretionary duties enjoy immunity from suits for damages, provided their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … In the qualified immunity context, a plaintiff must show the following to succeed on an excessive force claim: “(1) an injury (2) which resulted directly and only from the use of force that was clearly excessive to the need

Delta Truck & Tractor, Inc. v. J.I. Case Co.

975 F.2d 1192 · Court of Appeals for the Fifth Circuit · Oct 26, 1992

Clearly, however, that is not what occurred here; IH did not make a business contraction. … On the contrary, that was the very provision which purported to give Case the right to terminate those dealers without cause and, at the same time, immunize IH.

Carl Braden v. United States

272 F.2d 653 · Court of Appeals for the Fifth Circuit · Jan 12, 1960

But one who is known or believed to be a Communist and is suspected of being engaged in Un-Ameri-can activities does not acquire immunity by adopting the role of a racial in-tegrationist. … This requirement is made so that it may be established beyond doubt, in a criminal prosecution, that the refusal was intentional and deliberate.

Johnson v. Huffingtonpost.com

Court of Appeals for the Fifth Circuit · May 4, 2022

The Supreme Court has held that a print publication “aimed at a nationwide audience” is not immune from defamation actions in any state where it has “regular circulation.” Keeton v. … To establish the court’s power to hear the case, Johnson alleged several interrelated contacts tying HuffPost— a Delaware corporation headquartered in New York—to Texas: HuffPost’s online publication and its allegedly libelous

John D. OLITSKY, Plaintiff-Appellee, Cross-Appellant, v. SPENCER GIFTS, INC., Defendants-Appellant, Cross-Appellee

964 F.2d 1471 · Court of Appeals for the Fifth Circuit · Jul 28, 1992

That finding was not clearly erroneous. D. Doubling of the front pay award. … Spencer has failed to convince us that the district court’s finding that Spencer violated section 510 of ERISA was clearly erroneous.

Ernest Rivere v. Offshore Painting Contractors

872 F.2d 1187 · Court of Appeals for the Fifth Circuit · May 4, 1989

Irreparable injury 18 Congress established an exception to the entitlement to immediate payment pending appeal. … The BRB made no effort to justify its stay order thereunder; Offshore and Highlands made no effort to qualify their motion for stay thereunder.

Reliable Consultants, Inc. v. Earle

538 F.3d 355 · Court of Appeals for the Fifth Circuit · Aug 1, 2008

I fear that the end in this area of the law will be a separate unwritten constitution, established solely by the judiciary. … that lie therein, principles of federalism, and the People’s right to "establish this Constitution.”

Texas Education Agency v. EDUC

Court of Appeals for the Fifth Circuit · Nov 7, 2018

Yet the weighted-student model violates that canon, rendering superfluous the carefully-wrought waiver process established by Congress. … The Court then “ask[s] whether such a state official would clearly understand” the IDEA’s requirements. Id.

65 Fair empl.prac.cas. (Bna) 804, 40 Fed. R. Evid. Serv. 1467 Equal Employment Opportunity Commission v. Manville Sales Corporation, Charles Mitte v. Manville Sales Corporation

27 F.3d 1089 · Court of Appeals for the Fifth Circuit · Sep 6, 1994

Under the case law of this circuit, therefore, the instruction was improper. 33 Manville argues that the jury charge required Mitte to show that he was "clearly better qualified" than Hinton or Lichten and thus the charge … A showing that a discharged employee was clearly better qualified than younger retained employees is merely one of many ways that a plaintiff can show that a reduction-in-force was a mere pretext for age discrimination.

Edward R. Dalton, Administrators of the Tulane Education Fund, D/B/A Tulane Medical Center Hospital and Clinic, Intervenor v. Toyota Motor Sales, Inc.

703 F.2d 137 · Court of Appeals for the Fifth Circuit · Apr 18, 1983

The court found that the plaintiff’s expert, George Pappas (Pappas), was not qualified to express an opinion on the adequacy or inadequacy of catalytic converter designs and qualified as an expert only “in the field 6f engineering … The verdict was clearly within the jury’s discretion and should not have been vacated.

Tina Davidson v. Georgia Pacific, L. L. C.

819 F.3d 758 · Court of Appeals for the Fifth Circuit · Apr 19, 2016

It qualified its holding that a motion to remand is nondispositive by saying that is the case “at least when district-judge review is not foreclosed.” Id. at 972. … “Improper joinder can be established in two ways: (1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non[]diverse party in state court.”

Namer v. Gentrey

Court of Appeals for the Fifth Circuit · Aug 3, 2001

They assert that the fact-intensive nature of a reasonable-suspicion or probable-cause inquiry necessarily results in the successful assertion of qualified immunity because the law cannot be clearly established under preexisting … In considering the qualified immunity inquiry, we must determine whether Namer has alleged facts that would give rise to the violation of a constitutional right and whether the constitutional right was clearly established