Case law

United States v. Sanders

343 F.3d 511 · Court of Appeals for the Fifth Circuit · Sep 5, 2003

The conduct must (1) be criminal and (2) qualify as “relevant conduct” under Sentencing Guideline § 1B1.3. Anderson, 174 F.3d at 526 ; Powell, 124 F.3d at 665 ; see also United States v. … Therefore, the question of whether the district court could consider the $232,000 loan at sentencing turns on whether it qualifies as “relevant conduct” under § 1B1.3.

Rummans v. HSBC Bank

Court of Appeals for the Fifth Circuit · Aug 26, 2026

They qualified because Rummans was an Army Reserve soldier from December 2003 to December 2020. The loan was eventually assigned to HSBC and serviced by SLS. Rummans submitted no payments for at least a decade. … On appeal from a bench trial, we review findings of fact for clear error and mixed questions and conclusions of law de novo. 5 “A factual finding is clearly erroneous when although there is evidence to support it, the

Charles W. Butler v. Richard Thornburgh, in His Official Capacity as Attorney General of the United States

900 F.2d 871 · Court of Appeals for the Fifth Circuit · May 15, 1990

Clearly the recurring incidents that precipitated Charles Butler’s termination reveal him to have been a current dysfunctional alcoholic at the time of his firing. … Clearly, Butler’s four incidents of drunken misconduct constitute the reason for the FBI’s decision to terminate him. We find the FBI’s argument here entirely persuasive.

Guillot v. Day

Court of Appeals for the Fifth Circuit · Mar 4, 2004

“It is well-established that control of discovery is committed to the sound discretion of the district court and that we will reverse its discovery rulings only if they are arbitrary or clearly unreasonable.” … the question of qualified immunity.

Scott Mathews v. City of San Antonio, Texas

Court of Appeals for the Fifth Circuit · Jan 9, 2017

No. 16-50323 officers, on the basis of qualified immunity. Finding no error in the magistrate judge’s thorough recommendation adopted by the district court, we AFFIRM. … But it is well- established that Mathews, as the plaintiff, bears the burden of negating the qualified-immunity defense. See, e.g., Poole, 691 F.3d at 627.

United States v. Frank Ragano

520 F.2d 1191 · Court of Appeals for the Fifth Circuit · Oct 14, 1975

An indictment for a new and different crime is clearly not double jeopardy”. 442 F.2d at 1056. … Clearly, this evidence did not prejudice Ragano’s case.

Jose Garza v. City of Donna

Court of Appeals for the Fifth Circuit · Apr 30, 2019

B To establish municipal liability in an episodic-act case, a plaintiff must show “(1) that the municipal employee violated the pretrial detainee’s clearly established constitutional rights with subjective deliberate … In Thompson, the court’s rulings as to two defendants turned on the existence of clearly established law for qualified immunity purposes, while the ruling as to the third turned on the objective reasonableness of her conduct

Land v. Trinity Mother

Court of Appeals for the Fifth Circuit · Nov 1, 2000

Qualified Immunity and Official Immunity Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates … no “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Renegade Swish, L.L.C. v. Emily Wright

857 F.3d 692 · Court of Appeals for the Fifth Circuit · May 22, 2017

administration of the well-pleaded-complaint doctrine”). 30 556 U.S. 49, 62 (2009) (“Under our precedent construing § 1331, as just explained, counterclaims, even if they rely exclusively on federal substantive law, do not qualify … Even if it does not re-file its claim as a counterclaim, it clearly intends to use it as a setoff to Ms. McCutchen’s claims.

32 Fair empl.prac.cas. 1853, 32 Empl. Prac. Dec. P 33,851 William Avant, Individually, and on Behalf of All Persons Similarly Situated v. South Central Bell Telephone Company

716 F.2d 1083 · Court of Appeals for the Fifth Circuit · Oct 11, 1983

Further, this decision--that Bell had not treated Avant in a discriminatory manner by not hiring him--like any other factual finding of a district court, will stand unless clearly erroneous under F.R.Civ.P. 52(a). … Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), a plaintiff may establish a prima facie case of racial discrimination by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified

Bagwell Coatings, Inc., Cross-Appellant v. Middle South Energy, Inc., Cross-Appellees

797 F.2d 1298 · Court of Appeals for the Fifth Circuit · Aug 22, 1986

It asserts that the testimony of Nathan Sadownik, Bechtel’s cost and scheduling supervisor, clearly established that more precise proof of damages was possible in this case when he testified that a method of attribution of … Here, as discussed previously, the evidence clearly established a breach of contract which proximately caused Bagwell to incur damages in the form of substantially increased costs of performance.

Murrell v. Casterline

307 F. App'x 778 · Court of Appeals for the Fifth Circuit · Mar 25, 2008

Moreover, the defendants are not entitled to qualified immunity. See Rochon, 122 F.3d at 320. … The deemed admissions conclusively establish that the defendants were deliberately indifferent to Murrell’s serious medical needs.

Houston Oil & Minerals Corp. v. American International Tool Co.

827 F.2d 1049 · Court of Appeals for the Fifth Circuit · Sep 24, 1987

Damages involve factual determinations which we review under the clearly erroneous standard. Belton v. Fibreboard Corp., 724 F.2d 500 (5th Cir.1984). We find qualifying error as to three items of damages. … The resulting need for uniform navigational rules, according to the Court, established a substantial relationship between pleasure boating and traditional maritime activity.

United States v. Charles Albert Lacoste, A/K/A "Mickey" Lacoste, and Bernie Bill Bierman

721 F.2d 984 · Court of Appeals for the Fifth Circuit · Dec 9, 1983

They had received immunity for their testimony. After a hearing, the court granted their motions. … On these facts Judge Parker’s ruling was clearly correct and does not begin to approach the level required for reversal.

United States v. Abdullahi Fidse

862 F.3d 516 · Court of Appeals for the Fifth Circuit · Jul 7, 2017

Courts, including ours, have recognized that the structure of § 3A1.4 establishes two bases for applying the enhancement. See Fidse I, 778 F.3d at 481; United States v. … We conclude that the district court did not clearly err. The district court found that the Task Force was specifically investigating a possible conspiracy to violate 18 U.S.C. §§ 2339A and 2339B.

Richard Deloach, Cross-Appellant v. Delchamps, Inc., Cross-Appellee. Richard Deloach v. Delchamps, Inc.

897 F.2d 815 · Court of Appeals for the Fifth Circuit · Apr 6, 1990

Delchamps further claims that while statistical data may be used to establish a prima facie case, it cannot be used to establish pretext. See Sessions v. Rusk State Hosp., 648 F.2d 1066, 1071 (5th Cir. … Wright derived his efficiency opinion, which the court found him qualified to give, from examining that data.

Fred Kuchenig v. The California Company

350 F.2d 551 · Court of Appeals for the Fifth Circuit · Oct 10, 1965

But in any event, the “uncertain area” that the Court mentions includes matters neither so clearly substantive that the Constitution requires that they be governed by state law, 11 nor so clearly procedural that the Court … (The court held the Board not immune from suit under the eleventh amendment.) Kuchenig v. California Company, E.D.La.1964, 233 F.Supp. 389 .

Wang v. Paxton

Court of Appeals for the Fifth Circuit · Dec 11, 2025

Both arguments fail for the same reason: Wang clearly is not domiciled in China. And Wang’s argument does not meet the certification standard in any event. See Stanford ex rel. Phillips v. Brandon Nursing & Rehab. … Here, however, the plaintiff must establish standing.

James Leonard v. Gideon Daniel

699 F. App'x 415 · Court of Appeals for the Fifth Circuit · Oct 27, 2017

The court ruled defendants were protected by qualified immunity. Reviewing the summary * Pursuant to 5th Cir. … Brown, 664 F.3d 985, 990–91 (5th Cir. 2001) (courts permitted to address either prong of qualified immunity analysis first).

Smith v. City of Jackson MS

351 F.3d 183 · Court of Appeals for the Fifth Circuit · Dec 5, 2003

each retiree’s total pension benefits are ultimately determined by his actual life span; any differential in benefits paid to men and women in the aggregate is thus “based on [a] factor other than sex,” and consequently immune … The magistrate judge clearly ordered the defendants to turn over various discovery documents, including documents that *198 were responsive to the plaintiffs’ initial disclosure request.