Case law

Walter Hunnicutt v. Bennie B. Wright, Jr., Bennie B. Wright, Jr., M.D.

986 F.2d 119 · Court of Appeals for the Fifth Circuit · Apr 21, 1993

The district court dismissed Bolivar on the grounds of governmental immunity, and Baxter settled plaintiff’s claim against it for the sum of $7,500.00. … Defendant asserts that the evidence of plaintiffs incarceration was relevant to establish the reason for the three and one-half month delay between the time of plaintiffs first and second surgeries.

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.

Finley v. Florida Parish Juvenile Detention Center

574 F. App'x 402 · Court of Appeals for the Fifth Circuit · Jun 27, 2014

In order to show a prima facie case of discriminatory discharge, a plaintiff must first establish that [he] (1) is a member of a protected class, (2) was subjected to an adverse employment action, (3) was qualified for [his … Finley’s complaint did not clearly allege a due process cause of action. However, as explained in more detail below, an alleged due process cause of action was dismissed with the remainder of Finley's claims.

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 . . .

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.

McFarland v. Leyh (In re Texas General Petroleum Corp.)

52 F.3d 1330 · Court of Appeals for the Fifth Circuit · Jun 1, 1995

The approved Plan clearly gives the Liquidating Trustee the power to assert avoidance actions. … Furthermore, the Liquidating Trustee qualifies as a representative of the estate because the proceeds obtained from its actions benefit the unsecured creditors.

Daniel v. Compass

212 F. App'x 262 · Court of Appeals for the Fifth Circuit · Dec 13, 2006

In order to determine if qualified immunity is proper, this court undertakes a two-step inquiry. First, has a violation of a clearly established constitutional right been asserted? … Second, were the defendants’ actions objectively unreasonable when measured against clearly established law? Schultea v.

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.

Aspenwood Apartments v. Officer Hall

132 F. App'x 1 · Court of Appeals for the Fifth Circuit · Jan 5, 2005

Even if a constitutionally protected expectation of privacy exists in the circumstances alleged in the 4 pending case, it is not clearly established, and at oral argument counsel … Absent a clearly established right that was violated, the individual defendants are entitled to qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

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

Candies Towing Co., Inc. v. M/v B & C Eserman, Her Engines, Etc., Bect Offshore Service, Inc., in the Matter of Eserman Offshore Services Co., Inc., Etc. v. Candies Towing Co., Inc., Prorico Industries, Inc. v. American Home Assurance Co.

673 F.2d 91 · Court of Appeals for the Fifth Circuit · Apr 12, 1982

He had no offshore license and was not a qualified navigator. His prior experience on seagoing tugs was as a wheelman or mate, not as a captain. … The extensive repair work done on OC-250, according to expert testimony, established such a weakness.

Boson v. Rippy

285 F.2d 43 · Court of Appeals for the Fifth Circuit · Nov 30, 1960

The School Placement Law furnishes the legal machinery for an orderly administration of the public schools in a constitutional manner by the admission of qualified pupils-upon a basis of individual merit without regard to … The discrimination is clearly not eliminated by maintaining and operating some schools in the system on a racially segregated basis and others with the discrimination removed.

Elton D. Marsh v. Greyhound Lines, Inc., and Western Greyhound Pension Trust, Defendants,h Western Greyhound Pension Trust

488 F.2d 278 · Court of Appeals for the Fifth Circuit · Jan 14, 1974

The Plan clearly requires that a disability pension applicant “submit acceptable medical evidence of permanent physical disqualification from [his] job.” (Emphasis added). Paragraph 7-A(6). … If there is an absence of objective evidence of disability, we suggest a full report from another qualified expert, not a general practitioner, in the area of the particular illness upon which disqualification is being requested

Jimmie McBee v. Jim Hogg County, Texas and Gilbert Ybanez, Javier Alfonso Hinojosa v. Jim Hogg County, Texas

730 F.2d 1009 · Court of Appeals for the Fifth Circuit · Apr 30, 1984

Undisputed findings of the trial court establish that two of the plaintiffs, Deputies Spencer and Contreras, did not ask to be rehired by the new sheriff. … Ybanez later conceded that his appointees were no more qualified than the plaintiffs; the trial court found Ybanez’ appointees "definitely less qualified.” .

Dean v. City of Shreveport

Court of Appeals for the Fifth Circuit · Feb 10, 2006

rested on the assumption that the percentage of blacks passing the Civil Service Exam established the percentage of blacks in the qualified labor pool. … We fail to understand how passing scores conclusively establish the demographics of the qualified applicant pool if passing scores mean nothing with respect to predicting the quality of future firefighters.

United States v. Chedowry Thomas

690 F.3d 358 · Court of Appeals for the Fifth Circuit · Aug 2, 2012

The district court did not clearly err in attributing 15 kilograms to Davis. B. … The district court did not clearly err in attributing 15 kilograms to Chapman. VII.

Calagaz v. Calhoon

309 F.2d 248 · Court of Appeals for the Fifth Circuit · Oct 10, 1962

If the doctrine were carried to its logical extreme, unincorporated associations would enjoy virtual immunity from suit in federal courts. … Kellogg, who had already established offices there.

United States v. Fortino Saucedo Villegas

404 F.3d 355 · Court of Appeals for the Fifth Circuit · Mar 17, 2005

Moreover, because Fadipe and Houston clearly establish that the sentence enhancement under § 2K2.1 (b)(5) was inappropriate in this instance, we also find that the district court’s error was plain, in the sense that it was … The court found that the district court erred as a matter of law in finding that a prior conviction, qualified as "a crime of violence.” Id. at 486-88 , 2005 WL 469607, *2-5 .

Legacy Hsing v. City of Horseshoe Bay

Court of Appeals for the Fifth Circuit · Oct 31, 2025

Penn Central establishes a deliberately “ad hoc, factual inquir[y],” not a counting exercise. Penn Central, 438 U.S. at 124. … Our Simon opinion is not clearly wrong under Texas law.