Case law

Kenneth Lockamy v. Alberto Campos

432 F. App'x 283 · Court of Appeals for the Fifth Circuit · Jul 6, 2011

Those remaining Defendants–Appellees were dismissed for qualified immunity, from which order Lockamy appealed in No. 10-10329. A jury held for Campos, from which verdict Lockamy appealed in No. 10-10644. … immunity.

Hoyle v. City of Hernando

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

“A district court abuses its discretion if it bases its decision on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Ross v. … And given the severity not only of Officer Solomon’s actions, but also those of Officer Brown, it’s possible that Hoyle could have prevailed in defeating, at minimum, Officer Brown’s qualified-immunity defense had his counsel

Montcrief v. Peripheral Vascular

133 F.4th 395 · Court of Appeals for the Fifth Circuit · Mar 28, 2025

Although the CPT–4 provisions do not clearly favor Relators, they also do not clearly exonerate PVA. … The qualifier “continuing” “does not exclusively refer to permanent positions.” Donziger, 38 F.4th at 296.

Maldonado v. Thaler

625 F.3d 229 · Court of Appeals for the Fifth Circuit · Nov 29, 2010

of significantly subaverage intellectual functioning, although the low end of the confidence band for these scores could potentially qualify. … Puente agreed did not, by itself, qualify Maldonado for a diagnosis of mental retardation. Dr. Puente’s administration of the CTONI yielded an IQ score of 61.

Lee v. Morial

Court of Appeals for the Fifth Circuit · Apr 29, 2002

Although lation of a clearly establish[ed] constitutional right, even a single decision by a final policymaker the defense of qualified immunity will not sustain … right clearly established at the pending the public employee with pay.

Marquez-Marquez v. Gonzales

455 F.3d 548 · Court of Appeals for the Fifth Circuit · Jul 7, 2006

But Crider clearly was not born outside the United States ‘of parents both of whom are citizens.’ Crider was born of parents neither of whom were or are citizens of the United States. … Congress has the power to “establish an Uniform Rule of Naturalization,” U.S.

United States v. Charles A. Johnson, Dennis Lee Lipper, Lawrence Jess Storey, Jr., Jesse Roscoe Storey, Roger Mark Schlager and Brent Harelson

575 F.2d 1347 · Court of Appeals for the Fifth Circuit · Jul 5, 1978

Thus there was no need to call Stein as a witness to establish this fact. … It was therefore proper for the trial court to consider whether de Pianelli was qualified to provide such testimony.

Alabama-Tennessee Natural Gas Company v. Federal Power Commission

417 F.2d 511 · Court of Appeals for the Fifth Circuit · Sep 24, 1969

The power to grant additional certificates for an area already serviced is clearly granted by 7(g), which provides in part that: “Nothing contained in this section shall be construed as a limitation upon the power of the … Section 7(e) directs the Commission to grant such certificates to any qualified applicant. Also, the Commission has the power to direct extension of services by a certificated company under 7(a).

Atlantis Development Corporation, Ltd. v. United States of America

379 F.2d 818 · Court of Appeals for the Fifth Circuit · Jun 12, 1967

Reflecting the desire' manifested now by the persistent efforts to intervene to have legal rights ascertained in a peaceful fashion through established tribunals and not by self-help or the initiation of physical activities … There is ample diversity jurisdiction as between Atlantis and the main defendants (see notes 1 and 5, supra), and lack of consent, sovereignty immunity, or related problems may wash out by the addition of new parties who

Archie Johnson v. City of Bastrop

Court of Appeals for the Fifth Circuit · Dec 1, 2017

App. 2002). 7 5 Officer Hollins has not argued that he is immune from suit pursuant to qualified immunity. … immunity.

Nose v. Attorney General of U.S.

Court of Appeals for the Fifth Circuit · Jun 7, 1993

787, 792, 97 S.Ct. 1473, 1478, 52 L.Ed.2d 50 (1977) ("Our cases "have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government's political departments largely immune … English for over two years at a major United St ates university, and subsequently passed a state English proficiency exam, see Record on Appeal, vol. 2, at 144-45; (2) that each of the six VWPP forms which Nose signed, clearly

Bituminous Cas. Corp. v. Vacuum Tanks, Inc.

Court of Appeals for the Fifth Circuit · Oct 16, 1992

The district court in the present case concluded that, to establish coverage, VTI need only prove that a CGL policy had been issued by Bituminous. … In this case there was no evidence of any bad faith on the part of VTI, and secondary evidence of the policy terms would have clearly been admissible.

Bobby James Moore v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

185 F.3d 244 · Court of Appeals for the Fifth Circuit · Oct 27, 1999

But Salazar later qualified her testimony by stating that she was not certain and could be mistaken. … Under AEDPA, a state court’s legal conclusion may not be disturbed absent a showing that the state court conclusion is *261 contrary to, or involved an unreasonable application of, clearly established law, as determined by

Rapides Regional Medical Center v. Secretary, Department of Veterans' Affairs

974 F.2d 565 · Court of Appeals for the Fifth Circuit · Sep 24, 1992

The APA waives the sovereign immunity to which government agencies would otherwise be entitled for all persons "adversely affected or aggrieved by agency action within the meaning of a relevant statute. . . ." 5 U.S.C. § … to some evidence that might be interpreted as disproving Rapides' intent to participate in the sharing agreement with the VAMC if offered the chance, the district court's implied factfinding is not clearly

United States v. Archbold-Newball

554 F.2d 665 · Court of Appeals for the Fifth Circuit · Jun 22, 1977

It follows that immunity from prosecution for a crime incidentally committed against a local law while performing an overt act pursuant to a conspiracy does not confer immunity to the conspiracy charge nor the naming and … Bruton was specifically limited to hearsay “clearly inadmissible against [the defendant] under traditional rules of evidence”. 391 U.S. at 128 n.3, 88 S.Ct. at 1623. .

Michael Haskins v. R. Nicholson

548 F. App'x 960 · Court of Appeals for the Fifth Circuit · Oct 10, 2013

On the other hand, we review “non-discrimination claims based on the administrative record, and will uphold the [MSPB]’s determinations unless they are clearly arbitrary and capricious, unsupported by substantial evidence … To establish a prima facie case of discrimination, a plaintiff must show that he is a member of a protected class, is qualified for the job, suffered an adverse employment action by the employer,

United States v. Caldwell

Court of Appeals for the Fifth Circuit · Nov 13, 2009

It is simply being shown for the government to establish that he deliberately and intentionally downloaded that type. … Like White, it’s difficult to say that Berger’s testimony was clearly expert testimony.

Armstrong v. Board of Education of Birmingham

323 F.2d 333 · Court of Appeals for the Fifth Circuit · Jul 12, 1963

The Court concluded: “But it is established that the extraordinary writs cannot be used as substitutes for appeals, Ex parte Fahey, 332 U.S. 258, 259-260 , [ 67 S.Ct. 1558 , 91 L.Ed. 2041 -2043] (1947), even though hardship … Fair, Feb. 18, 1963, 314 F.2d 200 , and there clearly stated the controlling principles : “The reason for the sparing use of this power is apparent.

United States v. Barrett

804 F.2d 1376 · Court of Appeals for the Fifth Circuit · Dec 3, 1986

"We are unable," wrote the Court, to "discern the sort of 'unambiguous directions from Congress' that would justify a judicially created work-product immunity for tax accrual workpapers summoned under Sec. 7602." 465 U.S. … Therefore, I read Texas Heart 's mandate permitting the District Court to use conditional enforcement at the summons enforcement proceeding as totally consistent with the unambiguous intent of the guidelines established by

United States v. Rigoberto Munoz-Vargas

551 F. App'x 206 · Court of Appeals for the Fifth Circuit · Jan 9, 2014

Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the … The PSR does not establish any accomplices in the meth count similar to the marijuana/cocaine counts.