Case law

Bessman v. Powell

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

A public official performing a discretionary function is entitled to qualified immunity from civil liability unless the official’s conduct violates clearly established constitutional or statutory rights of which an objectively … Qualified immunity determinations involve a two-step inquiry: first, whether the plaintiff has alleged the violation of a clearly established constitutional right, and second, if the right allegedly violated is

United States v. Mississippi Chemical Company

326 F.2d 569 · Court of Appeals for the Fifth Circuit · Jan 9, 1964

The basic principles of law governing the taxation of non-exempt cooperatives may be thus summarized: When a legally enforceable obligation exists to refund to qualified pur *571 chasers (stockholder-patrons) their proportionate … These tests are clearly stated by the Court of Appeals for the Eighth Circuit in Pomeroy Cooperative Grain Co. v.

Enriqueta Reginalda Gonzalez De Moreno v. United States Immigration and Naturalization Service

492 F.2d 532 · Court of Appeals for the Fifth Circuit · Apr 10, 1974

Petitioner did not deny these charges either before the special inquiry officer or on appeal to the Board, but rather asserted that she qualified for relief from deportation under sections 241(f) 2 , 244(a)(1) 3 , and 249 … Far from supplying such an unlikely demonstration, the pertinent materials quite clearly compel rejection of the Service’s position.”

In the Matter of James F. Crist, Jr., Debtor. James F. Crist, Jr., Debtor, in Possession v. Jane S. Crist, in the Matter of Frederick H. Pinkerton, Jr., Bankrupt. Frederick H. Pinkerton, Jr. v. Betty Jane Pinkerton

632 F.2d 1226 · Court of Appeals for the Fifth Circuit · Dec 17, 1980

Under the relevant standard of review, findings of fact are not to be disturbed unless clearly erroneous. … Reed, 404 U.S. 71 , 92 S.Ct. 251 , 30 L.Ed.2d 225 (1971) 7 We disagree with the district court in Crist that a Kahn compensation justification would immunize § 17(a)(7).

Linda Criner v. Texas - New Mexico Power Co., et a

470 F. App'x 364 · Court of Appeals for the Fifth Circuit · May 7, 2012

Criner therefore must show that she was clearly more qualified for the job than Gerdes. The district court found that she could not do this, and we agree. … Considering the interview scores and Gerdes’ superior experience, a jury could not conclude that Criner was clearly better qualified.

Ayers v. Thompson

358 F.3d 356 · Court of Appeals for the Fifth Circuit · Feb 11, 2004

Regarding Alcorn State, the district court ordered the establishment of an MBA program at the school’s Natchez Center. Id. … Further, the court observed that the Board had standardized “an alternative procedure for students to qualify for university admission by completing specified requirements at a community college.”

Spirit Aerosystems v. Paxton

142 F.4th 278 · Court of Appeals for the Fifth Circuit · Jun 26, 2025

The district court abuses its discretion if it “(1) relies on clearly erroneous factual findings when deciding to grant or deny the permanent injunction, (2) relies on erroneous conclusions of law when deciding to grant or … And the Attorney General in quo warranto proceedings challenging the Annunciation House RTE has argued that he is “immune from suit.”

Barrett Computer Services, Inc. v. Pda, Inc.

884 F.2d 214 · Court of Appeals for the Fifth Circuit · Oct 25, 1989

The district court held that this assertion constituted a “legal conclusion” not clearly supported by other documents presented. … In deciding whether or not BCS succeeded in establishing that a fact issue exists in relation to its standing to bring the claims, BCS’ evidence of assignment of claims must be considered in relation to the well-established

United States v. Israel Perez-Solis

709 F.3d 453 · Court of Appeals for the Fifth Circuit · Feb 20, 2013

participant (four levels), a minor participant (two levels), or something in between (three levels).57 The difference between these types of participants is in degree only.58 Thus, a defendant whose role was too substantial to qualify … Green, 152 F.3d 1202, 1205–06 (9th Cir. 1998) (holding that district court did not clearly err in granting reduction, though it was a close question); United States v.

Kopp v. Klein

722 F.3d 327 · Court of Appeals for the Fifth Circuit · Jul 9, 2013

ERISA requires *334 every employee benefit plan, including EIAPs, to be “established and maintained pursuant to a written instrument.” 29 U.S.C. § 1102 (a)(1). … Clearly Kopp alleged sufficient facts that if proven would demonstrate the Ideare Defendants had reason to be concerned about Idearc’s future financial performance.

Johnson v. Dallas County Texas

Court of Appeals for the Fifth Circuit · Mar 21, 1997

Assessing the defense of qualified immunity is a two-step process. First, we must determine whether Johnson has alleged the violation of a clearly established constitutional right. … Collyns is therefore entitled to qualified immunity. Nerren, 86 F.3d at 473.

United States v. John Wesley Brown

456 F.2d 983 · Court of Appeals for the Fifth Circuit · Apr 6, 1972

It then became incumbent upon him to clearly establish his right to the exemption he sought, including one of the most crucial elements of his claim— his own sincerity. … Clearly this challenge after the process had become complete should be barred.

Ingalls Shipbuilding Division, Litton Systems, Inc. v. John H. White and Director, Office of Workers' Compensation Programs, U. S. Department of Labor

681 F.2d 275 · Court of Appeals for the Fifth Circuit · Jul 26, 1982

Any such hearing shall be conducted by an administrative law judge qualified under 3105 of that Title. … Newport News Shipbuilding & Dry Dock Co., 676 F.2d 110, 113 (4th Cir. 1982), the Director petitioned for review of the Board’s finding that an employee qualified for compensation from a special fund established in 33 U.S.C

Cook v. Mississippi Department of Human Services

108 F. App'x 852 · Court of Appeals for the Fifth Circuit · Aug 17, 2004

Clearly Better Qualified The thrust of Cook’s challenge to MDHS’s proffered rationale for selecting Buchanan is that she was clearly better qualified than Buchanan. … factfinder to conclude that she was clearly better qualified than Buchanan.

Poree v. Akwitti

Court of Appeals for the Fifth Circuit · Jan 29, 2021

As to whether the defendants were entitled to qualified immunity on the Eighth Amendment claim of deliberate indifference to Poree’s safety, we find no error with the district court’s determination that summary judgment … safekeeping while at the Hughes Unit, “a prison inmate does not have a protectable liberty or property interest in his custodial classification and an inmate’s disagreement with a classification is insufficient to establish

Davis v. Wise

Court of Appeals for the Fifth Circuit · Mar 15, 2024

First, Davis argues the medical providers were not entitled to Eleventh Amendment immunity. … Because Davis did not show the medical providers were deliberately indifferent to his serious medical needs, he did not defeat their entitlement to qualified immunity. See Morgan v.

Schoppa Family v. Kupersmith

Court of Appeals for the Fifth Circuit · Nov 27, 2002

The court further conduct was objectively reasonable in light of 3 clearly established law at the time that the doctrine is meant to protect the … She states that defendants of Poduslo’s private property was not are not entitled to qualified immunity, because authorized by the state.

Shearer v. Bowen

Court of Appeals for the Fifth Circuit · May 24, 2000

of clearly established law, we vacate the judgment of the district court and remand for entry of judgment for Bowen on qualified immunity grounds. I. … Bowen answered, raising the defense of qualified immunity.

Guaranty Employees Association v. United States

241 F.2d 565 · Court of Appeals for the Fifth Circuit · Jan 18, 1957

Appellee points to O.D. 780, 4 Cum.Bull. 262 (1921), as the administrative enjoinder that an organization which receives its members’ deposits and operates the fund for speculation cannot qualify as an exempt mutual savings … The line between “other unincorporated organization,” which is treated as a partnership, and “associations,” which are taxed as corporations, is not clearly drawn. In the case of Morrissey v.

Robert M. Couf, Mary A. Brown, and Development Finance, Inc. v. Karleen Deblaker

652 F.2d 585 · Court of Appeals for the Fifth Circuit · Aug 7, 1981

The suit had its genesis in a Florida zoning dispute, but beyond that there is little agreement among the parties and the issues presented are not clearly delineated. … Leaving aside the substantial issue of the immunity of individual defendants from liability for a taking, see Hernandez v.