Case law

Rumbaugh v. Procunier

753 F.2d 395 · Court of Appeals for the Fifth Circuit · Feb 20, 1985

We cannot tag that finding as clearly erroneous. … The clearly erroneous standard serves that purpose well.

Buckenberger v. Reed

342 F. App'x 58 · Court of Appeals for the Fifth Circuit · Aug 18, 2009

The magistrate judge determined that Reed, Oubre, and Gardner were absolutely immune in their individual capacities because their actions were taken with respect to Buckenberger’s prosecution. … Hughes.3 Jarrell did not claim qualified immunity.

Jackson v. Dallas County Juvenile Department

288 F. App'x 909 · Court of Appeals for the Fifth Circuit · Jul 30, 2008

Jackson can establish a prima facie case for discrimination if he can show “that he (1) is a member of a protected class; (2) was qualified for the position; (3) was subject to an adverse employment action; and (4) was replaced … Upon review of the record, we agree and hold that the district court did not clearly err in finding that Jackson failed to establish a prima facie case for retaliation and granting summary judgment for the Defendants.

Ayestas v. Harris County

Court of Appeals for the Fifth Circuit · Mar 9, 2026

Rather, we establish a deadline by making a “judicial determination within the general framework of familiar legal principles.” Runyon v. McCrary, 427 U.S. 160, 180 (1976). … That statute provides that when a district court designates a magistrate judge to determine a pretrial matter, the district court “may reconsider” the magistrate judge’s order if it is clearly erroneous or contrary to law

27 Fair empl.prac.cas. 41, 27 Empl. Prac. Dec. P 32,180 John H. Dickerson v. Metropolitan Dade County, a Political Subdivision of the State of Florida, D/B/A the Department of Environmental Resources Management F/k/a Dade County Pollution Control Paul Leach Colen Morrison 1 , Former Directors of Dade County Pollution Control and Edward Gancher, Formerly Chief Chemist Dade County Pollution Control

659 F.2d 574 · Court of Appeals for the Fifth Circuit · Oct 19, 1981

Although we are bound by the trial court's subsidiary findings of fact unless they are clearly erroneous, we, as an appellate court, must independently review the merits of Dickerson's allegation of retaliatory termination … Barker recommended that the position be filled from outside the division because he did not believe that anyone, including plaintiff, was qualified to assume the job.

Chad Brackeen v. David Bernhardt

937 F.3d 406 · Court of Appeals for the Fifth Circuit · Aug 9, 2019

Moreover, ICWA clearly regulates private individuals. See Murphy, 138 S. Ct. at 1479–80. … deference from an agency’s interpretation of a statute only when Congress has directly spoken to the precise question at issue, and the expressio canon is simply too thin a reed to support the conclusion that Congress has clearly

Doe v. Santa Fe Indep Sch

171 F.3d 1013 · Court of Appeals for the Fifth Circuit · Mar 17, 1999

Board of Education, this Court has adhered to the principle, clearly manifested in the history and logic of the Establishment Clause, that no State can <pass laws which aid one religion’ or that <prefer one religion over … Because the Court refused to find that the nonsectarian nature of a prayer could save it from Establishment Clause scrutiny, the Court did not need to decide whether this oration qualifies as

United States v. Ignacio Arellano-Banuelos

927 F.3d 355 · Court of Appeals for the Fifth Circuit · Jun 17, 2019

We have held that a CNR qualifies as a testimonial statement. See Martinez-Rios, 595 F.3d at 586. Arellano-Banuelos therefore had the right “to be confronted with the analyst who made the certification.” Bullcoming v. … Massachusetts, 557 U.S. 305, 311 n.1 (2009) (explaining that “it is not the case, that anyone whose testimony may be relevant in establishing the chain of custody, authenticity of the sample, or accuracy of the testing device

David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.

679 F.2d 1115 · Court of Appeals for the Fifth Circuit · Jun 23, 1982

Nathan is fully qualified to assume the enormous responsibilities of monitoring compliance with the Court’s order in this cause. … The appointment of a separate and qualified monitor for each of Texas’ 16 prisons would result in an enormous expenditure of public funds.

Robert George v. Reliance Standard Life Ins Co.

776 F.3d 349 · Court of Appeals for the Fifth Circuit · Jan 15, 2015

“A plan administrator abuses its discretion where the decision is not based on evidence, even if disputable,. that clearly supports the basis for its denial.” Holland, 576 F.3d at 246 (internal quotation marks omitted). … RSL then stated that it would continue to rely on its own expert’s report, which was prepared by a qualified vocational specialist.

United States v. D.K.G. Appaloosas, Inc.

829 F.2d 532 · Court of Appeals for the Fifth Circuit · Sep 29, 1987

Even assuming that Griffin qualifies as a prevailing party, 4 we find no abuse of discretion here. … In addition, since Congress’ intent to designate a forfeiture provision as a civil sanction can “clearly [be] demonstrated by the procedural mechanisms it established for enforcing forfeitures under the statute,” One Assortment

Guy Carpenter Co Inc v. Provenzale

Court of Appeals for the Fifth Circuit · Jul 15, 2003

This is precisely the relationship that the 1999 Agreement establishes. … Guy Carpenter asserts it has confidential information, divided into thirteen categories, 4 that qualifies for trade secret protection.

United States v. Thomas Malone, Jr.

828 F.3d 331 · Court of Appeals for the Fifth Circuit · Jul 6, 2016

There is no dispute that these studies were conducted by professional scientists using established methods and many were subjected to peer review. … This is more than enough to qualify them as “reasonably reliable.”

Karim v. Finch Shipping Co.

374 F.3d 302 · Court of Appeals for the Fifth Circuit · Jun 16, 2004

Brown concerned a district court’s decision “to adopt as the court’s ward a minor represented by a duly qualified guardian, fix the compensation of the guardian’s attorney, and direct his payment … Its contesting that distribution is even more clearly a case or controversy (an actual dispute between adverse parties, see Richardson v.

Ferrara v. Swonke

Court of Appeals for the Fifth Circuit · Aug 7, 2025

08/07/2025 No. 25-50272 omitted his “fantastic and delusional scenarios” that comprise the conspiracy. 7 The officers moved to dismiss, arguing claim and issue preclusion and qualified … immunity.

Anderton v. Texas Parks & Wildlife Department

605 F. App'x 339 · Court of Appeals for the Fifth Circuit · Mar 26, 2015

The Andertons failed to allege facts that established the conduct of the officials was intended to injure them unjustifiably. … We do not rely on the question of whether the Andertons were qualified.

Bass v. Denney

171 F.3d 1016 · Court of Appeals for the Fifth Circuit · Apr 15, 1999

In addition to ignoring centuries of trust law, this ruling failed to recognize significant differences between the instant action and the Moody litigation that so clearly distinguish the two cases: (1) The bankruptcy … trustee elects to irrevocably and unconditionally place it in the beneficiary’s control.”53 It follows that when such discretionary powers are granted to trustees of a spendthrift trust, assets of the trust are immune

Doe v. Univ of N TX Hlth Sci Ctr

Court of Appeals for the Fifth Circuit · Jul 16, 2024

The district court, however, declined to dismiss Doe’s constitutional claims against the individual capacity defendants, finding that Doe pled enough facts to state a claim for relief and overcome qualified immunity. … Accordingly, Doe’s claims are clearly barred by res judicata, and dismissal of the claims against UNTHSC and Drs.

Loyd Sorrow v. Bryan Collier, Exct Dir TDCJ

Court of Appeals for the Fifth Circuit · Sep 6, 2019

While Sorrow challenges the district court’s denial of his motion for leave to amend his pleadings, his conclusional assertions on this issue fail to establish that the district court abused its discretion by determining … Additionally, Sorrow fails to demonstrate that the district court’s stay of discovery in light of the assertions of the qualified immunity defense was an abuse of discretion. See Backe v.

Gross v. Carlisle Construction

Court of Appeals for the Fifth Circuit · Aug 22, 2025

Instead, she only challenges the district court’s finding that she was not a qualified individual. As noted above, the district court clearly premised its disposition on three separate grounds. … Gross argues that the district court erroneously concluded that she failed to establish the first and third elements of this claim.