Case law

Gilani v. University of Texas Southwestern Medical Center

District Court, N.D. Texas · Mar 25, 2022

Immunity from the Section 1983 Claim The defendants next move for judgment on the pleadings on the ground that they have sovereign or qualified immunity from liability. … is against them in their official or individual capacities (which is why they assert both sovereign and qualified immunity).

Yellow Transit Freight Lines, Inc. v. United States

221 F. Supp. 465 · District Court, N.D. Texas · Jul 15, 1963

Judge Hughes considers that since it is a statute the ICC is expounding, it has the right (if not the duty) to do so regardless of its own outstanding and clearly applicable administrative regulations. … But this immunity is coextensive with the valid scope of service. The carrier is therefore put in an awful dilemma.

Roberts v. Haragan

346 F. Supp. 2d 853 · District Court, N.D. Texas · Sep 30, 2004

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001) (“A court required to rule upon the qualified immunity issue must consider, then, this threshold question: Taken in the light most favorable to the party … Texas Dep’t of Criminal Justice, 300 F.3d 567, 576 (5th Cir.2002) (“A prerequisite to the qualified immunity analysis, then, is that [the plaintiff] must allege and show facts to support every element of [his] claim”).

Clifton v. Celebrezze

228 F. Supp. 251 · District Court, N.D. Texas · Mar 30, 1964

What kind of work would a high school education before 1920 in a farm community at Tillacy, Alabama qualify a man to do? … Stringent as is the statutory standard of disability, it is to be administered with reason, Were it otherwise few would ever be able to qualify.

Bullock v. The University of Texas at Arlington

District Court, N.D. Texas · Dec 10, 2021

To establish the prima facie case, she alleges that she is a “qualified individual” under the ADA because she suffers from “severe major depressive disorder” and PTSD. Id. ¶ 11. … Accordingly, the Court concludes that Bullock pled sufficient facts to establish that she is a “qualified individual” under the ADA.

GlobeRanger Corp. v. Software AG

27 F. Supp. 3d 723 · District Court, N.D. Texas · Jun 20, 2014

It also argues that GlobeRanger cannot establish certain essential elements of the tortious interference claim.. … Under DFARS, only “recorded information” qualifies as “technical data.” 48 C.F.R. § 252.227-7013 (a)(14).

Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

755 F. Supp. 726 · District Court, N.D. Texas · Jan 22, 1991

Clearly, the pleading does not present a case of custom and practice under the standards of particularization adopted by the Fifth Circuit. … Cases such as Elliott , where the immunity to suit of governmental officials is at stake, present a special and acute subset of the general run.

Thompson v. Texas Department of Public Safety

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

defendant in their Amended Complaint.1 Plaintiffs served subpoenas duces tecum on DPS, pursuant to Federal Rule of Civil Procedure 45, in an effort to obtain evidence regarding Defendants’ anticipated defense of qualified … DPS is clearly an arm of the State of Texas, and the third-party subpoenas are the exact type of coercive judicial process that the Supreme Court and the Fifth Circuit envision being protected by sovereign immunity.

Gordon v. Neugebauer

57 F. Supp. 3d 766 · District Court, N.D. Texas · Oct 31, 2014

For federal predicate acts, only those federal statutes specifically listed in section 1961(1) qualify as predicate acts for purposes of establishing a pattern of racketeering activity. See Bonton v. … However, even if Plaintiff has pled facts showing that Defendant was negligent and acted in bad faith—thus negating any immunity that Tex.

United States v. an Article of Drug ... Neo-Terramycin Soluble Powder Concentrate

540 F. Supp. 363 · District Court, N.D. Texas · May 6, 1982

De novo review is clearly inapplicable in this action. … Pfizer’s experts dispute that the cause of the disease has been established to be a virus, and go on to contend that there is clearly a secondary bacterial component against which antibiotics are effective. 12 If bluecomb

McCall v. Dallas Independent School District

169 F. Supp. 2d 627 · District Court, N.D. Texas · Apr 17, 2001

The court concludes that the petition does not clearly state facts demonstrating that McCall did not receive the requisite due process, but does not agree with DISD that the petition clearly demonstrates otherwise. … The Texas Tort Claims Act (TTCA’) creates a limited waiver of sovereign immunity.... However, the waiver of immunity does not extend to claims arising out of intentional torts.” Medrano v.

United States v. Rose

176 F. Supp. 2d 661 · District Court, N.D. Texas · Nov 8, 2001

Thus, the immunity from further prosecution contemplated by the plea agreement would immunize Rose from prosecution from any and all drug offenses related to Rose’s distribution of methamphetamine or *663 amphetamine through … The Plea Agreement and its Acceptance Violate the Established Sentencing Scheme If the plea agreement were to be accepted by the court, it would cause Rose to be immune for prosecution for her true offense conduct.

Scott

District Court, N.D. Texas · Jan 26, 2026

or Congress has clearly abrogated it.’ … But prison custodians are entitled to qualified immunity and will only be held liable if their conduct is objectively unreasonable and it is shown that they have been deliberately indifferent to the inmate’s right

Edwards v. Oliver

District Court, N.D. Texas · Aug 1, 2023

Qualified Immunity Pre-verdict, Defendant orally moved for judgment as a matter of law as to the affirmative defense of qualified immunity. The Court denied Defendant’s requested relief on the record. … Defendant against seeks judgment as a matter of law on qualified immunity.

Cortez v. Raytheon Co.

663 F. Supp. 2d 514 · District Court, N.D. Texas · Oct 1, 2009

Rather, Raytheon asserts that Cortez cannot establish the second element of her prima facie case—that she was qualified for her position. … Cortez does not even attempt to show that she was “clearly better qualified” than the candidates selected for those positions (see, e.g., Price v. Fed. Express Corp., 283 F.3d 715, 723 (5th Cir.2002), citing EEOC v. La.

Chamber of Commerce of the United States v. Hugler

231 F. Supp. 3d 152 · District Court, N.D. Texas · Feb 8, 2017

conditions for qualifying for BICE. … Actually, Weaver did not hold that First Amendment objections under the Declaratory Judgment Act are immune to waiver before enforcement.

Geary v. Life Investors Insurance Co. of America

508 F. Supp. 2d 518 · District Court, N.D. Texas · Aug 13, 2007

establishment; and provides personal care services.” 40 Tex. … Thus, the regulations follow the mandate of the Texas statutes in clearly distinguishing a nursing facility/home from an assisted-living facility.

Johnson v. Finch

350 F. Supp. 945 · District Court, N.D. Texas · Mar 20, 1972

The evidence clearly shows that the wage earner was not living with the children at the time of his death. … Finch, 413 F.2d 267 (5th Cir. 1969), that “Congress did not discuss or contemplate any dollar amount of support or minutes, hours, days or years of ‘living with’ in order to qualify, once the fact of parenthood was established

Coghlan v. HJ Heinz Co.

851 F. Supp. 808 · District Court, N.D. Texas · Apr 21, 1994

guidelines, which involves a legal conclusion that the Court is qualified to make. … Defendant also complains that Plaintiff cannot establish that Defendant regarded Plaintiff as having an impairment.

Sindelir v. Vernon Jr

District Court, N.D. Texas · Jun 28, 2023

immunity. … In her SAC, Sindelir fails to alleges any additional facts that have any bearing on his Chief Deleon’s qualified immunity defense.