Case law

Bauer v. State of Texas

Court of Appeals for the Fifth Circuit · Aug 28, 2003

Judges enjoy absolute immunity from liability for judicial or adjudicatory acts. Forrester v. White, 108 S.Ct. 538, 565 (1988). … A temporary guardian appointed under this subsection must qualify in the same form and manner required of a guardian under this code.

John Poullard v. Paul Toce

676 F. App'x 327 · Court of Appeals for the Fifth Circuit · Feb 8, 2017

The district court granted summary judgment in favor of Toce based on his qualified immunity. … To do so, he must show that Toce violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Brown v.

Randall Ex Rel. Estate of Randall v. Chevron U.S.A., Inc.

13 F.3d 888 · Court of Appeals for the Fifth Circuit · Feb 11, 1994

The district court’s finding of dependence was not clearly erroneous. … Our cases reveal many instances in which we have held that “[l]ong-established general principles of interpreting indemnity agreements require that indemnification for an indemnitee’s own negligence be clearly and unequivocally

Johnson v. American Credit Co. of Georgia

581 F.2d 526 · Court of Appeals for the Fifth Circuit · Oct 6, 1978

Third, she contends that, because the six circumstances set forth in Ga.Code § 8-101 do not qualify as “extraordinary situations” of the type envisioned in Fuentes v. … We find that Johnson’s action qualifies for class action status under F.R.Civ.P. 23 when the class is defined as we have in the following portion of this Part of our opinion.

Southerland v. Thigpen

784 F.2d 713 · Court of Appeals for the Fifth Circuit · Mar 14, 1986

In addition, breast-feeding generally aids infants in developing immunities from gastrointestinal and respiratory infections. … The district court’s finding that disruption of breast-feeding would not be life threatening to Matthew is not clearly erroneous. Indeed, there is no evidence to the contrary.

Joseph v. City of Dallas

277 F. App'x 436 · Court of Appeals for the Fifth Circuit · May 6, 2008

respect to qualified immunity issues. … immunity per the scheduling order.”

Jessie Johnson v. Owen Murray

548 F. App'x 277 · Court of Appeals for the Fifth Circuit · Dec 13, 2013

Murray and Linthicum pleaded qualified immunity. … The individual capacity claim fails because the summary judgment evidence presented by Johnson establishes at best only malpractice by his attending physicians or Johnson’s disagreement with them about proper treatment.

Apple Barrel Productions, Inc. v. R.D. Beard

730 F.2d 384 · Court of Appeals for the Fifth Circuit · Apr 23, 1984

In reviewing the actions of the district court for abuse of discretion, we uphold the district court's findings of fact unless clearly erroneous. Fed.R.Civ.P. 52(a). … musical selections concededly in public domain entitled to copyright protection since book as a whole was original work). 14 Just as with any song or dance submitted alone, a collection of non-copyrightable material may qualify

United States v. Rose

449 F.3d 627 · Court of Appeals for the Fifth Circuit · May 10, 2006

determinations.3 “It is not necessary that the evidence exclude every rational hypothesis of innocence or be wholly inconsistent with every conclusion except guilt, provided a reasonable trier of fact could find the evidence establishes … Because Rose objected to this enhancement at sentencing, we must reverse Rose’s sentence unless the error was harmless,27 meaning it “did not affect the district court’s selection of the sentence imposed.”28 To qualify

Meekins v. Thompson

Court of Appeals for the Fifth Circuit · Apr 4, 2001

a public official pleads the af- firmative defense of qualified immunity in 1 Schultea established the use of a rule 7(a) his answer, the district … Rangers, plaintiff must allege a violation of a “clearly 179 F.3d 360, 365 (5th Cir. 1999) (stating that established constitutional right.”

United States v. Angela Myers

772 F.3d 213 · Court of Appeals for the Fifth Circuit · Oct 30, 2014

Prior to sentencing, Myers objected to the six-level enhancement, arguing that the evidence at trial established only eight victims and that the means and methodology of arriving at the calculation of 285 victims was not … in the light most deferential to the district court’s findings, it is plausible that Myers knew—or should have known—that the list of more than 100 names coming from a nursing home would include at least some people who qualified

United States v. Beasley

558 F. App'x 526 · Court of Appeals for the Fifth Circuit · Mar 5, 2014

He argues that Officer Taylor disclosed that his cell phone monitoring of Hoyle was not for evidentiary purposes but only for Hoyle’s safety, that he could not clearly hear anything that went on during the purchase, and that … Treated liberally, Officer Hoing established his expertise as to the use of gloves in drug distribution cases.

State of Mississippi for the Use of Mrs. Robert E. Derrow and Mrs. Robert E. Derrow v. John S. Durham and United States Fidelity and Guaranty Company

444 F.2d 152 · Court of Appeals for the Fifth Circuit · Jun 8, 1971

Of course, such an extra judicial statement is not admissible as substantive evidence, because it clearly falls afoul the hearsay rule. This court has repeatedly held so. In Young v. … Derrow’s doctor, and it was only by means of this medical hypothetical that probable cause was established. 3 These things being so, we must reverse and remand for a new trial. 2.

Enriquez-Gutierrez v. Holder

612 F.3d 400 · Court of Appeals for the Fifth Circuit · Jul 16, 2010

We find that the transcripts at issue in this case qualify as “official documents” under § 1003.1(d)(3)(iv). … In his briefing, Enriquez seems to assume that the BIA’s determination regarding the scope of his stipulation qualifies as a question of fact.

Ernest Delesma v. City of Dallas and the State Fair of Texas

770 F.2d 1334 · Court of Appeals for the Fifth Circuit · Sep 16, 1985

But § 1988 quite clearly instructs us to refer to state statutes; it does not say that state law is to be accepted or rejected based solely on which side is advantaged thereby. 436 U.S. at 593 , 98 S.Ct. at 1996-97 . … Accordingly, although Texas has since abolished the contributory negligence defense on which the judgment against Delesma partly rested, see Tex.Rev.Civ.Stat.Ann. art. 2212a, § 1 (Vernon Supp.1985) (establishing comparative

Britt v. Whitmire

956 F.2d 509 · Court of Appeals for the Fifth Circuit · Mar 31, 1992

We concluded that the trial court clearly intended to recite the parties' stipulation regarding attorneys' fees into its original judgment and award that amount, but that, through a clerical error, the court had mis-recited … The motion sought to amend the district court's May 15 order to grant summary judgment on two of Britt's claims, an action clearly affecting substantial rights of the parties.

Uniroyal Chemical Co. v. Deltech Corp.

160 F.3d 238 · Court of Appeals for the Fifth Circuit · Dec 3, 1998

Here, there are two sites that initially qualify as CERCLA facilities as defined by the subpart language. The tanker truck qualifies under subpart (A) as a motor vehicle. … established this element.

Briseno v. Cockrell

274 F.3d 204 · Court of Appeals for the Fifth Circuit · Dec 13, 2001

established Federal law, as determined by the Supreme Court of the United States . . . . 8 state court’s application of clearly established federal law was objectively … punishment. 14 Appeals held that “[e]xcept for certain federal constitutional errors labeled by the United States Supreme Court as ‘structural,’ no error . . . is categorically immune

Thompson v. Cockrell

263 F.3d 423 · Court of Appeals for the Fifth Circuit · Aug 23, 2001

On remand, the district court, adopting the magistrate judge’s recommendation, concluded that Thompson had not established a due process violation. … Only deprivations of interests that “clearly impinge on the duration of confinement . . . will . . . qualify for constitutional ‘liberty’ status.” See Orellana, 65 F.3d at 31-32.

Eugene W. Tyler v. Trammell E. Vickery, Ralph Banks, Jr. v. Trammell E. Vickery, James E. C. Perry v. Edward S. Sell, Jr.

517 F.2d 1089 · Court of Appeals for the Fifth Circuit · Aug 20, 1975

The significance of the MBE, as a multiple choice test, is that its scores are immune to any variation arising from the use of Black English. 4 After perusing the *1095 MBE results, the district court observed that on the … While appellants suggest that there is language in Baker which indicates that strict scrutiny is generally applicable to qualifying examinations, the basis of our holding there was the affirmance of an explicit finding of