Case law
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Court of Appeals for the Fifth Circuit · Oct 29, 2025
Thus, even if Rucho’s precise result does not control, its reasoning clearly does. The Challengers’ viewpoint-discrimination claim is nonjusticiable. … To be sure, rational-basis review is something of a misnomer: it is seldom rational, rests on little basis, and scarcely qualifies as review.
Cited 0 timesPublished529 F.3d 322 · Court of Appeals for the Fifth Circuit · May 27, 2008
We do “not grant relief on any claim ad- judicated on the merits by a state court unless the state decision was contrary to, or an unreasonable application of, clearly established federal law as deter- mined by the Supreme … application of . . . clearly established Federal law.’”
Cited 3 timesPublishedDiana Palacios v. City of Crystal City, Texas, et
634 F. App'x 399 · Court of Appeals for the Fifth Circuit · Aug 11, 2015
The city asserted an immunity-based defense that was denied by the trial court, and the city appealed. … To establish a prima facie case of sex discrimination, Palacios must show that: “(1) she is a member of a protected class; (2) she was qualified for the position sought; (3) she was subject to an adverse employment action
Cited 12 timesUnpublished559 F.3d 274 · Court of Appeals for the Fifth Circuit · Feb 10, 2009
No other findings were necessary to establish the use-of-fire offense. … Nor does every use-of-fire-to-commit-mail-fraud violation necessarily establish arson, as that offense is described in § 844(i).
Cited 32 timesPublishedCity of Dallas v. Federal Communications Commission
165 F.3d 341 · Court of Appeals for the Fifth Circuit · Jan 18, 1999
at 460 (opining that courts must “assume Congress does not exercise [the power to preempt] lightly” and must require Congress to state clearly its intent to preempt). … For instance, Congress established different interconnection obligations for incumbent LEC's versus all LEC's.
Cited 1 timesPublishedPositive Software Solutions, Inc. v. New Century Mortgage Corp.
476 F.3d 278 · Court of Appeals for the Fifth Circuit · Feb 6, 2006
We are unpersuaded and decline to apply the clearly erroneous standard of review to the application of the law to the facts. … In the instant case, we need not decide whether this matters. 14 is established.
Cited 33 timesPublished653 F.2d 1016 · Court of Appeals for the Fifth Circuit · Aug 21, 1981
1964) against the union, which were finally determined by the Supreme Court's decision in (Teamsters supra). 9 (Footnote omitted.) 13 Based on the record before us, the findings of the district court cannot be said to be clearly … : (1) that Terminal discriminated in hiring on account of race, (2) that specific individuals were damaged thereby and (3)(a) that each specific individual opted for a job which Terminal denied him; (b) that he was then qualified
Cited 2 timesPublishedRenee J. v. Houston Indep School District
913 F.3d 523 · Court of Appeals for the Fifth Circuit · Jan 16, 2019
This court uses a four-factor test established in Michael F. to evaluate whether an IEP complies with the IDEA. … HISD contends that focusing on a career as a police officer was “clearly appropriate” because it was “C.J.’s primary area of interest.”
Cited 19 timesPublishedBoard of Supervisors of Louisiana State University v. Tureaud
225 F.2d 434 · Court of Appeals for the Fifth Circuit · Aug 23, 1955
It is doubtful if the averments of the complaint demonstrate clearly that this constitutional provision applies to appellee. … No proof tending to establish a claim of the unconstitutionality of segregation per se was submitted.
Cited 5 timesPublishedText from a scanDrerup v. Con Nuclear Security
Court of Appeals for the Fifth Circuit · Aug 12, 2022
First, every CNS firefighter can qualify to work as an “emergency responder” on passing the annual Combat Challenge. … To establish a prima facie case of retaliation, Drerup must show that she engaged in protected activity, she faced an adverse employment action, and there was “a causal link between the protected activity and the
Cited 0 timesUnpublishedGoree v. Commission Lincoln Parish Detention Center
437 F. App'x 329 · Court of Appeals for the Fifth Circuit · Aug 15, 2011
LPDC produced evidence showing that LaSalle chose Thompson because it felt he was better qualified, and Goree was offered another position at LPDC’s request. … Finally, to the extent Goree argues that she should have received the new superintendent position, she does not argue and has not put forth evidence to show she was “clearly better qualified” for that position than Thompson
Cited 3 timesUnpublishedUnited States v. James Andrew Colbert and Michael Beryl Reese
474 F.2d 174 · Court of Appeals for the Fifth Circuit · Feb 14, 1973
In the instant case, where the facts are at best equivocal and the government’s evidence below was clearly directed at proving probable cause and not abandonment, the factual findings were clearly inadequate for us to make … First, as nice as a rule of this type sounds, it is not the established test.
Cited 268 timesPublishedMichael Bazan v. Robert Whitfield
Court of Appeals for the Fifth Circuit · Jan 10, 2019
immunity. … Because the dashcam video establishes that Whitfield did not intentionally strike Bazan, Bazan cannot establish a claim for the unconstitutional use of excessive force. See Young v.
Cited 0 timesUnpublishedCourt of Appeals for the Fifth Circuit · Feb 19, 1998
Lyle contends that the magistrate judge erred in allowing the jury to decide the issue of qualified immunity, provided erroneous instructions to the jury on the issue of qualified immunity, and erred in allowing the admission … The jury found that Lyle had not proven a constitutional violation and did not reach the qualified immunity issue.
Cited 0 timesUnpublishedEnergy Intelligence Grp, Inc. v. Kayne Ande
948 F.3d 261 · Court of Appeals for the Fifth Circuit · Jan 15, 2020
As noted, the 1976 Act revised the 1909 Act by establishing an unequivocal right on the part of copyright owners to opt for statutory damages at any time before final judgment. … Therefore, the district court did not clearly err when it found that there were no inaccuracies in EIG’s registration applications. D.
Cited 29 timesPublishedInternational Union of Operating Engineers, Local No. 714 v. Sullivan Transfer, Inc.
650 F.2d 669 · Court of Appeals for the Fifth Circuit · Jul 13, 1981
Utah Construction established a two-part test to determine whether res judicata effect should be given to an administrative determination. … The tripartite agreement clearly applied to work in existing buildings.
Cited 20 timesPublishedBeunka Adams v. Rick Thaler, Director
679 F.3d 312 · Court of Appeals for the Fifth Circuit · Apr 25, 2012
Instead, the Court in Martinez “qualifie[d] Coleman by recognizing a narrow exception: Inadequate assistance of counsel at initial-review collateral proceedings3 may establish cause for a prisoner’s procedural default of … We reject Adams’s argument and conclude that his habeas petition is clearly successive.
Cited 118 timesPublished769 F.2d 1053 · Court of Appeals for the Fifth Circuit · Aug 19, 1985
The drafters' choice of the words "rule or order" in this context clearly contemplates the establishment of an industry-wide scheme of reimbursement. … With respect to post-NGPA systems an allowance is created to reimburse a first seller for qualified stages of compression, as well as for the cost of fuel to drive the compressor.
Cited 0 timesPublishedKarla Grimes v. Wal-Mart Stores Texas, L.L.C.
505 F. App'x 376 · Court of Appeals for the Fifth Circuit · Jan 4, 2013
First, the Plaintiff must establish a prima facie case of discrimination. Id. … As this Court’s precedent clearly shows, more is needed.
Cited 25 timesUnpublishedUnited States v. Kenton Harrell
629 F. App'x 603 · Court of Appeals for the Fifth Circuit · Oct 27, 2015
“A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” Id. … The district court did not clearly err in finding that Harrell’s participation was not peripheral.
Cited 3 timesUnpublished
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