Case law

Travis Blank v. Harold Eavenson

530 F. App'x 364 · Court of Appeals for the Fifth Circuit · Jun 19, 2013

However, unlike the current Appellees’ motions, Bell’s motion turned on her assertion of qualified immunity. … The district court denied Bell’s motion without prejudice, and granted Bell’s alternative motion, pursuant to Federal Rule of Civil Procedure (“FRCP”) 7(a), for Blank to file a reply concerning qualified immunity.

W.J. Hobbs v. Mayor Ronnie Thompson

448 F.2d 456 · Court of Appeals for the Fifth Circuit · Sep 16, 1971

No person is immune from prosecution in good faith for his alleged criminal acts. … This erosion of Mitchell has been clearly recognized, e. g., National Ass’n of Letter Carriers v.

Wallace v. Rogers

513 F.3d 212 · Court of Appeals for the Fifth Circuit · Jan 4, 2008

The bankruptcy court’s findings of fact are subject to clearly erroneous review, while its conclusions of law are reviewed de novo. Id. B. … Whether those sticks qualify as “property” for purposes of the federal tax lien statute is a question of federal law.

Johnson v. City of San Antonio

Court of Appeals for the Fifth Circuit · Jan 4, 2024

Additionally, we reversed the district court’s denial of qualified immunity for the individual officers based on video and audio footage, explicitly finding that the officers did not violate Roberts’s constitutional … The City argues that the state law claims are barred by governmental immunity.

Lewis v. Bank of America NA

347 F.3d 587 · Court of Appeals for the Fifth Circuit · Sep 2, 2003

Relevant statutory objectives include establishing uniform national safeguards “with respect to the establishment, operation, and administration of [employee benefit] plans,” 29 U.S.C. 1001(a), and “establishing standards … Congress clearly did not intend to broadly immunize non-fiduciary parties such as the Bank from liability under traditional state law contract and tort causes of action.

Bankr. L. Rep. P 77,423, 11 tex.bankr.ct.rep. 259 in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--Austin, N.A. And Texas Commerce Bank--San Angelo, N.A., in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--San Angelo, N.A., Texas Commerce Bank--Austin, N.A. And Dennis Elam, Trustee, in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. William H. Armstrong, II v. Texas Commerce Bank--San Angelo, N.A., Dennis Elam, Trustee, and Texas Commerce Bank--Austin

115 F.3d 333 · Court of Appeals for the Fifth Circuit · Jun 20, 1997

DISCUSSION 7 We review the bankruptcy court's factual findings under the clearly erroneous standard, and we review its legal conclusions de novo. 4 8 Under section 541 of the Bankruptcy Code 5 a bankruptcy estate is created … The fact that the trustees liberally bestowed trust assets on the daughters, by itself, does not establish de facto control by the daughters over the affairs of the estate.

United States v. Ahmadou

Court of Appeals for the Fifth Circuit · Nov 25, 2025

Orleans, 425 U.S. 807, 816 (1976) (interpreting a statutory waiver of sovereign immunity). This court has recognized that the entrapment-by-estoppel defense is a “narrow exception to the general rule.” … The record establishes that the sentence was an upward variance per § 3553(a)—not an upward departure under § 3A1.4, Application Note 4.

United States v. State of Mississippi

82 F.4th 387 · Court of Appeals for the Fifth Circuit · Sep 20, 2023

“Appropriate” treatment of those with serious mental illness, as Olmstead clearly understood, must be individualized. … or declining to establish new programs”).

West v. Harris

573 F.2d 873 · Court of Appeals for the Fifth Circuit · May 26, 1978

The Secretary of HUD is authorized to establish and administer the flood insurance program. 42 U.S.C.A. § 4011 . … That the government has a financial stake in this program is not sufficient to cloak the defendant with the robe of sovereign immunity from awards of any interest. Cf. White v.

Voting for America, Inc. v. John Steen

732 F.3d 382 · Court of Appeals for the Fifth Circuit · Oct 4, 2013

Amplifying the motions panel’s majority opinion, we conclude that Appellees failed to establish facial unconstitutionality of the challenged provisions. … After qualifying in one county, a VDR may perfunctorily qualify to serve in other counties.

Merritt E. Jones, on His Behalf and as Next Friend of Pamela Jones, a Child v. Clear Creek Independent School District

977 F.2d 963 · Court of Appeals for the Fifth Circuit · Dec 28, 1992

Broussard, 897 F.2d 181, 182 (5th Cir.1990) (relying on defendants’ immunity to avoid deciding whether school liable for censoring valedictorian’s religious graduation address). … Lemon holds that, to satisfy the Establishment Clause, “a governmental practice must (1) reflect a clearly secular purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) avoid excessive government

R. Acosta, Secretary, LABR v. Hensel Phelps Constr

909 F.3d 723 · Court of Appeals for the Fifth Circuit · Nov 26, 2018

Co., 182 F.3d at 729 (“While broad, the language of § 654(a)(2) is ambiguous and does not clearly compel the conclusion that Congress did or did not intend to permit the Secretary to impose liability for hazards that an employer … He urges instead that their violation establishes Avondale’s negligence per se in a cause of action given him by general maritime law. . . .

Martinez v. Johnson

255 F.3d 229 · Court of Appeals for the Fifth Circuit · Jul 20, 2001

as a decision involv[ing] an unreasonable application of . . . clearly established Federal law.” … See id. at 409 (“[A] federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.”).

51 Empl. Prac. Dec. P 39,209, 5 indiv.empl.rts.cas. 466 Diana Rathjen, Cross-Appellant v. Barbara H. Litchfield, and the City of Houston, Cross-Appellees

878 F.2d 836 · Court of Appeals for the Fifth Circuit · Jul 31, 1989

Yet, in Connick, the Court also established that the first amendment does not prevent a government employer from taking action in response to an employee's expression that does not touch upon a matter of public concern: 23 … Since we reverse on the due process claim and the retaliation claim, we need not address either Litchfield's right to qualified immunity, or the city's objection to an award of attorneys' fees that included services rendered

Deloach Marine Services L.L.C. v. Marquette Transp

974 F.3d 601 · Court of Appeals for the Fifth Circuit · Sep 11, 2020

“The standard of review for a bench trial is well established: findings of fact are reviewed for clear error and legal issues are reviewed de novo.” Luwisch v. Am. … If Marquette wishes to challenge those findings, it must show they were not only incorrect but clearly erroneous.

Medical Center Pharmacy v. Mukasey

536 F.3d 383 · Court of Appeals for the Fifth Circuit · Jul 18, 2008

Sullivan, 332 U.S. 689, 693 (1948) (“When it is reasonably plain that Congress meant its Act to prohibit certain conduct, [nothing] justifies a distortion of the congressional purpose, not even if the clearly correct purpose … Under the Pharmacies’ construction, the compound- ed drug would be immune from the new drug approval provision regardless of whether it “met the requirements” of § 353a.

Hazel Palmer v. Allen C. Thompson, Mayor, City of Jackson

391 F.2d 324 · Court of Appeals for the Fifth Circuit · Aug 29, 1967

There seems to be no dispute as to the facts; certainly the findings of fact are not clearly erroneous. Rule 52(a), Fed.R.Civil P. … It is the fact, clearly established, of injury to the complainant — not to others — which justifies judicial intervention.”

United States v. A. Larry Tullos, Sidney D. Fazio and Michael E. Blanton

868 F.2d 689 · Court of Appeals for the Fifth Circuit · Mar 10, 1989

Although the borrowers were concerned that they would not qualify for an $8,300,000 loan, Tullos assured them that he would “handle that end of it.” … Tullos argues that the government was required to establish that he intended to defraud the bank to establish the offense of making false entries.

The Dow Chemical Company v. Chemical Cleaning, Inc.

434 F.2d 1212 · Court of Appeals for the Fifth Circuit · Dec 17, 1970

That matter was determined in the previous litigation before this Court and is clearly res judicata. … Title 35, U.S.C., § 285 provides: 8 "The Court in exceptional cases may award reasonable attorney fees to the prevailing party". 9 The court found that the facts of this case did not qualify it as an "exceptional" case.

Donna Clyce v. Hunt County Texas

Court of Appeals for the Fifth Circuit · Mar 5, 2013

The district court granted summary judgment in favor of the individual detention officers, holding that they were entitled to qualified immunity from suit in their individual capacities. … The Clyces appeal only the summary judgment in favor of Hunt County and do not contest the qualified-immunity summary judgment in favor of the individual defendants.