Case law

Inclusive Communities Project, Inc. v. Texas Department of Housing & Community Affairs

749 F. Supp. 2d 486 · District Court, N.D. Texas · Sep 28, 2010

The following examples are illustrative. 23 First, ICP has produced evidence that only 34% of all LIHTC units are in qualified census tracts, and that only 39.8% of all LIHTC units in qualified census tracts received the … The proposed appendix addresses a counterclaim — immunity under the Eleventh Amendment — subsequently withdrawn on November 20, 2009. Accordingly, the court denies ICP’s motion as moot. 2 .

Federal Deposit Ins. Corp. v. Cheng

787 F. Supp. 625 · District Court, N.D. Texas · Jul 1, 1991

Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767, 769 , 85 L.Ed. 1058 (1941) (holding that the United States has sovereign immunity and can only be sued to the extent to which it consents and only in the manner established by law … They clearly constitute “independent contracts” under the ruling of EEOC v. First National Bank.

Price

District Court, N.D. Texas · Jun 5, 2026

immunity. … They contend, based in part on the incident report, that their conduct was objectively reasonable under the circumstances, and that “the law is not clearly established whether J.C.’s resistance, as pleaded, constituted

Vess v. City of Dallas

District Court, N.D. Texas · May 10, 2022

to determine the qualified immunity issue. … - 2 - qualified immunity.”

Subbiah v. Kiel

850 F. Supp. 2d 653 · District Court, N.D. Texas · May 10, 2011

While the Court is dubious whether Plaintiff filed a timely charge with the EEOC, 3 it need not examine that issue because Plaintiff has clearly failed to satisfy the timeliness requirements connected to his receipt of notice … Kiel moves to dismiss any § 1983 claim on the grounds that Plaintiff has failed to plead sufficient facts to support his § 1983 claims and that Kiel is entitled to both official and qualified immunity.

Brisco v. Lancaster Texas

District Court, N.D. Texas · Jun 23, 2021

“Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. Pauly, 137 S. … established.

Dallas City Packing, Inc. v. Butz

411 F. Supp. 1338 · District Court, N.D. Texas · Feb 22, 1976

The power to establish standards for meat grading is granted to the Secretary of Agriculture by the Agricultural Marketing Act of 1946, 7 U.S.C. § 1622 , as amended. … An added provision established standards for cut-ability grades of carcasses and certain wholesale cuts of all classes of beef.

United States v. Standard Milling Co.

324 F. Supp. 386 · District Court, N.D. Texas · Dec 2, 1970

Petitioners’ complaint that the Trustee was not qualified as an expert witness is refuted by the case of Spitzer v. … Under these decisions, clearly these valuations were grossly excessive and the Referee was justified in setting them aside.

Stollings v. Texas Tech University

District Court, N.D. Texas · Aug 25, 2021

Texas Tech Univ., 80 F.3d 1042, 1047 n.3 (5th Cir. 1996) (“Texas Tech, as a state institution, clearly enjoys Eleventh Amendment immunity.”); United States v. … Qualified Immunity and Supplemental Jurisdiction Hocutt asserts qualified immunity in this case.

United States v. Tarrant

730 F. Supp. 30 · District Court, N.D. Texas · Jan 16, 1990

Section TWO of the Proffer Agreement clearly states that Wood could be prosecuted for perjury, false statement, or obstruction of justice in the event he gave false, misleading, or incomplete information. … However, this Court is in agreement with the Seventh and Ninth Circuits that adequate protection for a defendant’s rights is provided for by the preponderance standard, since the government must still establish beyond a reasonable

Willis v. Noble Environmental Power, LLC

143 F. Supp. 3d 475 · District Court, N.D. Texas · Oct 22, 2015

However, not every impairment will establish a disability. 29 C.F.R. § 1630.2 (j)(l)(ii). To qualify as an ADAAA disability, plaintiffs must prove the impairment substantially limits a major life activity. Id. … Plaintiffs deposition clearly establishes that the dehydration was a short, one-time episode that he has not previously or subsequently experienced.

McCarty v. Teal

District Court, N.D. Texas · Sep 27, 2023

Here, each key aspect of McCarty’s asserted constitutional right was clearly established. … Third, the Fifth Circuit has held that a plaintiff’s “Facebook post was constitutionally protected by the First Amendment” and denied qualified immunity because, by March 2020, it was “clearly established that [the] Facebook

Henry v. Texas Tech University

466 F. Supp. 141 · District Court, N.D. Texas · Jan 25, 1979

In addition, the legislature has established a Coordinating Board, Texas College and University System, Tex.Education Code Ann. §§ 61.001 et seq. … On the other hand, the decision could be read as excusing failure to exhaust state remedies only where a charging party was clearly misled by an affirmative misstatement by the EEOC.

Sutherland v. Akins

District Court, N.D. Texas · May 4, 2022

The traditional approach to qualified immunity involves the two-prong analysis: (1) whether an official’s conduct violated a constitutional right of the plaintiff, and (2) whether the right was clearly established at … not violate clearly established law.

Vuyanich v. Republic National Bank of Dallas

409 F. Supp. 1083 · District Court, N.D. Texas · Mar 12, 1976

The gravamen of the plaintiffs’ claim was that they had consistently been denied the right to qualify as conductors, and this complaint to the EEOC was so limited. … But we have clearly held that conciliation efforts by the EEOC are not a jurisdictional prerequisite to a Title VII suit.

Moore v. City of Dallas

District Court, N.D. Texas · Mar 17, 2023

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … “Once a defendant raises a qualified-immunity defense, the burden shifts to the plaintiff to show that (1) the official violated a statutory or constitutional right, and (2) the right was ‘clearly established’ at the time

McNeily v. United States

839 F. Supp. 418 · District Court, N.D. Texas · Apr 29, 1992

The FDIC is a federal agency subject to sovereign immunity unless such immunity is expressly waived. 12 U.S.C. § 1819 (b)(1); Gregory v. Mitchell, 634 F.2d 199, 204 (5th Cir.1981). … Clearly, these counts fall within the ambit of the FTCA, and are thus tort claims from which the FDIC is fully shielded by sovereign immunity pursuant to Section 2679(a).

Enclave Arlington Associates Ltd. Partnership v. City of Arlington

669 F. Supp. 2d 735 · District Court, N.D. Texas · Nov 10, 2009

Development of the TMP to regulate pedestrian and vehicular traffic is exactly the sort of exercise of a city’s police power that qualifies as a legitimate public purpose. See, e.g., Dolan v. … “[T]he claimed ‘nuisance’ exception to the rule of municipal immunity to tort liability exists only when the immunity is expressly waived,” such as by the Texas Tort Claims Act, or by article I, section 17 of the Texas Constitution

BLF Land, LLC v. Frerich

District Court, N.D. Texas · Apr 17, 2024

Relevant here are the board’s rules establishing and governing Groundwater Production Units (“GPUs”).! … Because the District is “vested with the full range of governmental powers” under the Texas Constitution, ECF No. 45 at 5, and because the directors “were clearly engaged in a discretionary policymaking decision with generalized

Stewart v. Coughlin

District Court, N.D. Texas · Jan 6, 2023

Once qualified immunity is asserted, the Plaintiff carries the burden to establish facts to show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at … Fortenberry, 849 F.2d 1550, 1559 (5th Cir. 1988) (“[A] police officer cannot avail himself of a qualified immunity defense if he . . . conceals exculpatory evidence, for such activity violates clearly established constitutional