Case law

Lehman v. Leichliter

Court of Appeals for the Fifth Circuit · May 27, 2008

Second, if a constitutional right is found to have been violated, then the Court must determine “whether the right was clearly established – in light of the specific context of the case.” Id. … In order to be clearly established, “the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Brown, 519 F.3d at 236.

Standard Oil Company v. Mrs. Josephine Foster, as Guardian Ad Litem for Harry L. Cookson

280 F.2d 912 · Court of Appeals for the Fifth Circuit · Jul 18, 1960

The relationship plus the written instruments which have been described very clearly do not, by themselves, impose upon Standard any duty to maintain the grease rack in reasonably safe condition. … The appellant invokes as controlling the well-established rule followed by this Court in Miller v.

Roberson v. Morales

Court of Appeals for the Fifth Circuit · Jul 9, 1999

Under the doctrine of qualified immunity, the defendants are entitled to a judgment as a matter of law if their actions were objectively reasonable in the light of clearly established … Roberson failed to establish that the defendants violated a clearly established constitutional right by not providing him with the state record, and the defendants were thus entitled to qualified immunity

Retractable Techs., Inc. v. Becton Dickinson & Co.

919 F.3d 869 · Court of Appeals for the Fifth Circuit · Mar 26, 2019

The jury’s finding of Lanham Act liability did not conclusively establish diversion of sales. … Typically, injunctive relief is available even where a false advertising plaintiff cannot prove concrete enough damage to qualify for monetary relief.

Atlanta Biltmore Hotel Corporation and Bennie T. Hanson v. Commissioner of Internal Revenue

349 F.2d 677 · Court of Appeals for the Fifth Circuit · Jul 23, 1965

The evidence clearly established that the butler-chauffeur served Mrs. Hanson, who had not driven a car since 1936. Occasional services rendered by them to Mrs. … Hanson which related to the hotel, such as answering the telephone or driving guests around the city, were wholly incidental and would not qualify maid or butler-chauffeur as hotel employees. III.

Constance Chaix Indest v. Freeman Decorating, Inc. And Larry Arnaudet

168 F.3d 795 · Court of Appeals for the Fifth Circuit · Feb 26, 1999

None dispute that Arnaudet’s behavior was clearly embarrassing and contemptible, boorish and offensive. … Justice, 114 F.3d 539 , 555 (5th Cir.1997) (holding official, who stared at female plaintiff, made suggestive comments to her, and slammed her door, was entitled to qualified immunity because his conduct was not severe or

Product Promotions, Inc. v. Jacques Y. Cousteau

495 F.2d 483 · Court of Appeals for the Fifth Circuit · Jun 5, 1974

The correspondence between Ross of Product Promotions and Caillart of CEMA, the course of conduct by both parties thereafter, and Ross’s testimony at the 12(b) (2) hearing clearly establish the existence of a contract between … Ross’ letter was clearly not drawn with the precision of a legal scrivener, but fairly read it did not alter any of the terms contained in the offer letter.

Clifton Fransaw v. James A. Lynaugh, Interim Director, Texas Department of Corrections

810 F.2d 518 · Court of Appeals for the Fifth Circuit · Feb 23, 1987

It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction. … The doctrine “developed at common law to assist the prosecution in cases where the evidence failed to establish some element of the offense originally charged.” Keeble v.

Johnnie Pruett v. The State of Texas

468 F.2d 51 · Court of Appeals for the Fifth Circuit · Aug 16, 1972

make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of * * * liberty, * * * without due process of law; nor deny to any person … Such denial is clearly a penalty imposed upon him because he chose to exercise his constitutional right to appeal his conviction.

Vandagriff v. EFAC Inc

Court of Appeals for the Fifth Circuit · Nov 6, 1995

ANALYSIS The initial inquiry in the examination of a defendant’s claim of qualified immunity is whether the plaintiff has “alleg[ed] the violation of a clearly established Constitutional right.” Siegert v. … Once a plaintiff has asserted violations of clearly established law, it is well established that parties asserting qualified immunity are not immune from all discovery, but only that which is “avoidable or overly broad

Zhu v. Gonzales

493 F.3d 588 · Court of Appeals for the Fifth Circuit · Jul 23, 2007

The IJ also held that she did not qualify for an exception to the one-year filing deadline. … Furthermore, we agree with the [IJ]’s finding that the respondent failed to establish past persecution or a well-founded fear of future persecution.

Heinrich C. Horn, of the M/s Heinz Horn v. Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Alabama Fruit and Produce Companu, Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Albama Fruit and Produce Company v. Heinrich C. Horn, of the M/s Heinz Horn

404 F.2d 422 · Court of Appeals for the Fifth Circuit · Apr 1, 1969

Certainly Fruco should be allowed no recovery for loss it has not suffered, and its own potential loss is measured by that redovery which it may owe to Atkins. 7 Fruco's responsibility to Atkins is, in turn, established by … Gilmore and Black have set forth numerous cases demonstrating various performances falling on the liability or on the immunity side of the line. See Gilmore & Black, at p. 137 n. 54.

Webster v. United States Fidelity & Guaranty Co.

71 F.2d 475 · Court of Appeals for the Fifth Circuit · Jun 16, 1934

Village of Bassfield, 148 Miss. 1091 , 114 So. 26 , upon a full examination of the law, held that a county treasurer had the right to deposit county funds in a bank, although it had not qualified as a county depository. … the statutes in question evidence, the court said: “These statutes indicate the trend of the legislative mind, and the cases construing the statute reflect the solicitude of this court to give full force and effect to the clearly

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).

Dulin v. BD. OF COM'RS OF GREENWOOD LEFLORE HOSP.

657 F.3d 251 · Court of Appeals for the Fifth Circuit · Jul 8, 2011

This framework requires a plaintiff alleging discrimination to establish a prima facie case by demonstrating that he was: (1) a member of a protected class; (2) qualified for the position in question; (3) the subject of an … Under McDonnell Douglas, Dulin was required to establish a prima facie case of discrimination by proving: (1) he was a member of a protected class (reverse discrimination); (2) he was qualified for the position at issue;

Kelvin Washington v. Hca Health Services of Texas, Inc., Doing Business as Hca Spring Branch Medical Center

152 F.3d 464 · Court of Appeals for the Fifth Circuit · Sep 3, 1998

Thus, to establish a claim under the ADA, a plaintiff must demonstrate that: (1) he is disabled within the meaning of the ADA; (2) he is qualified; and (3) the employer discriminated against him based on his alleged disability … In a case concerning pilots who must wear eyeglasses in order to see clearly, the Tenth Circuit declined to follow the EEOC Guidelines and dismissed the pilots' ADA claim.

United States v. Barrett

837 F.2d 1341 · Court of Appeals for the Fifth Circuit · Feb 24, 1988

We reviewed the issue under the four part test established in Powell . … These remedies clearly are intended to deter unnecessary disclosures of confidential information.

Santiago v. City of Houston

232 F. App'x 381 · Court of Appeals for the Fifth Circuit · Mar 28, 2007

Pederson counters, and the district court held, that he is entitled to qualified immunity. … Pederson is also entitled to qualified immunity on Santiago’s excessive force claim.

United States v. Marek

198 F.3d 532 · Court of Appeals for the Fifth Circuit · Dec 15, 1999

The issue here is whether the use of Western Union’s facilities by one party to transfer funds to another party in the same state qualifies as the use of a “facility in interstate commerce” as required by § 1958(a). … The Eighth Circuit held that federal jurisdiction was established under the Travel Act by proof that the defendant had caused the arrestee to "use an interstate network of ATMs which comprise, in the words of the statute,

Mac Towing Inc. v. American Commercial Lines

670 F.2d 543 · Court of Appeals for the Fifth Circuit · Mar 15, 1982

In establishing comparative negligence in admiralty, the Supreme Court certainly did not delete the number "50" from the federal courts' vocabulary. 19 We have held that the "clearly erroneous" standard governs a trial court's … It demonstrates that Higgerson was a qualified pilot with long experience piloting similar tugs in that area.