Case law

Rupe v. The City of Jacksboro, Texas

District Court, N.D. Texas · Jul 25, 2024

Further, the FCR correctly concluded that Smith is entitled to qualified immunity. See ECF No. 47 at 25–28. The Rupes do not object to the FCR’s qualified-immunity analysis under Pearson v. … Accordingly, the Court ADOPTS the FCR’s qualified- immunity analysis and DISMISSES the Rupes’ claims against Smith. The Court now turns to their claims against the City of Jacksboro. 1.

Shafer v. Commander, Army & Air Force Exchange Service

667 F. Supp. 414 · District Court, N.D. Texas · Jun 26, 1985

There are no real lines of progression for promotion purposes; AAFES considers all qualified persons to be eligible for promotion. 7 The evidence established that from 80-90% of the promotions at AAFES are filled by employees … Moreover, since the evidence established that change in pay and promotion are virtually synonymous at AAFES, women in the 1982 work force were at an average disadvantage of 7.4% in promotions as compared to equally qualified

Crawford v. Chief Lee Pitts

District Court, N.D. Texas · Feb 16, 2022

Qualified immunity protects public officials from suit and liability unless their conduct violates a clearly established constitutional right. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … “In order to overcome a qualified immunity defense, a plaintiff must allege a violation of a constitutional right, and then must show that ‘the right was clearly established . . . in light of the specific context of the

Klouda v. Southwestern Baptist Theological Seminary

543 F. Supp. 2d 594 · District Court, N.D. Texas · Mar 19, 2008

The Fifth Circuit concluded that Seminary’s support staff did not qualify as “ministers,” that the evidence was not sufficient to support a conclusion that all of the administrative staff qualified as ministers; but, the … The record clearly establishes that Seminary is a “church” and that plaintiff is a “minister” as contemplated by the ministerial exception doctrine.

Stern v. Tarrant County Hospital District

565 F. Supp. 1440 · District Court, N.D. Texas · Jun 6, 1983

. § 1983 , a plaintiff must show the Court some right, privilege, or immunity that he claims under the Constitution. … It clearly applies to the Tarrant County Hospital District and it clearly prohibits differentiation solely on the basis of academic medical degree held by a person.

Sullivan v. Dean

District Court, N.D. Texas · Jan 11, 2024

But even treating this allegation as true, the defendants’ qualified immunity is only lost if there is “not even ‘arguably’ . . . probable cause for the search and arrest.” Brown v. … established Fourth Amendment law.

Shermco Industries, Inc. v. Secretary of Air Force

584 F. Supp. 76 · District Court, N.D. Texas · Jan 26, 1984

immunity. … Qualified immunity is an affirmative defense which is unavailable to those who either act with malice or who contravene clearly established law. Williams v.

Rendon v. Walgreens

144 F. Supp. 3d 894 · District Court, N.D. Texas · Oct 24, 2015

resolution was not clearly foreshadowed.” … Second, the resolution of the issue— whether pharmacies qualify as “health care providers” — was clearly foreshadowed.

Dunn

District Court, N.D. Texas · Feb 6, 2026

All three defendants then moved to dismiss Plaintiff’s claims because Plaintiff’s claims are barred by res judicata and because they are entitled to absolute and qualified immunity. Dkt. Nos. 7, 8. … As a result, he has failed to overcome Defendants Sucsy and Smith’s assertion of qualified immunity.

Alexander v. Frank

777 F. Supp. 516 · District Court, N.D. Texas · Aug 7, 1991

Maryland Casualty Co., 561 F.2d 609, 612 (5th Cir.1977); and the legislative history of the ADEA in establishing requirements for ADEA case). … Carlin, 623 F.Supp. 1181, 1188 (D.Md.1985) (stating that “the duty to reasonably accommodate only contemplates accommodation of a qualified handicapped employee’s present position”); Alderson v.

United States v. Davenport

897 F. Supp. 2d 496 · District Court, N.D. Texas · Sep 14, 2012

To establish that the refund was erroneous, the Government has the burden of establishing that the expenses claimed by the Davenports for the 2003 tax year do not constitute qualified research under the Internal Revenue Code … See Trinity Indus., Inc., 691 F.Supp.2d at 693 (noting that McFerrin requires courts to estimate the allowable tax credit if the taxpayer can establish that some qualified expenses occurred, but determining that such an estimation

Girasole v. Caliber Home Loans Inc

District Court, N.D. Texas · Aug 21, 2023

And though Girasole says he “was aware” that her “cancer (or treatment therefor) was expected to last 12 months or longer,” he does not provide any further detail to establish that Lawson’s treatment created an “impairment … ” or that either her cancer or her compromised immune system “substantially limit[ed] one or more major life activities” for Lawson.

Tucker v. SAS Institute, Inc.

462 F. Supp. 2d 715 · District Court, N.D. Texas · Nov 7, 2006

The Plaintiffs Prima Facie Shoioing To make a prima facie showing of discrimination, a plaintiff generally must produce evidence to establish the following: (1) she belongs to a protected class; (2) she is qualified for the … However, the citations the plaintiff makes to her appendix in support of this proposition clearly refute her allegation. See Plaintiffs Appendix at 21.

Tutton v. Garland Independent School District

733 F. Supp. 1113 · District Court, N.D. Texas · Mar 30, 1990

In a discriminatory termination case, to establish a pri-ma facie case the plaintiff must show that he belonged to a protected class, was terminated from a position for which he was qualified, and was replaced with someone … even a prima facie case would be immune from sanctions. 13 .

Kral, Inc. v. Southwestern Life Insurance

800 F. Supp. 1426 · District Court, N.D. Texas · Sep 30, 1992

Plaintiffs include: (1) Ed’s Automatic Transmission Service Defined Benefit Plan (“the Krai Plan”), a qualified defined benefit plan under the terms of ERISA; (2) Krai, Inc. d/b/a Ed’s Automatic Transmission Service (“Krai … The summary judgement evidence clearly shows that there are no genuine issues of material fact for trial.

United States v. Pritchard (In Re Block)

141 B.R. 609 · District Court, N.D. Texas · May 4, 1992

Discussion The Bankruptcy Court’s findings of fact are reviewed under the clearly erroneous standard while its legal conclusions are subject to de novo review. In re Fussell, 928 F.2d 712 , 715 (5th Cir.1991). … In re Russell would apply to the present case only if the Trustee had sought to establish that the Blocks’ election constituted a fraudulent transfer under Section 548.

Beaver v. Delta Air Lines, Inc.

43 F. Supp. 2d 685 · District Court, N.D. Texas · Mar 23, 1999

It is well established that an employee who cannot, even with accommodation, perform the essential functions of the job has no claim under the ADA because the employee is not a qualified individual with a disability. 29 C.F.R … Furthermore, the Court is of the opinion that even if Beaver were able to establish that she is a qualified individual with a disability for purposes of the ADA, her claim under the ADA fails because the Court concludes as

Mills v. Injury Benefits Plan of Schepps-Foremost, Inc.

851 F. Supp. 804 · District Court, N.D. Texas · Aug 31, 1993

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.

Quinton v. United States

203 F. Supp. 332 · District Court, N.D. Texas · Aug 18, 1961

The government, shielded by sovereign immunity, could not be sued without its consent. Recognizing the need for private tort remedies, Congress waived its sovereign immunity by passing the Federal Tort Claims Act. … Facing the particular problem that plaintiff was for seven years unaware of the negligent act, the established Washington rule was still applied.

McDougall v. Saudi Arabian Oil Co

District Court, N.D. Texas · Apr 21, 2025

THE COURT GRANTS THE MOTION TO DISMISS Here, the parties agree that Saudi Aramco qualifies as a foreign state under FSIA.1 The case thus hinges on whether an exception to FSIA applies. … His allegations are conclusory and do not establish that the withholding of the employment documents was either discriminatory or arbitrary.