Case law

Holdridge v. Thornburgh

804 F. Supp. 876 · District Court, N.D. Texas · Aug 20, 1992

This test requires a plaintiff to establish a prima facie case by showing the following: (1) that he was a member of a protected class; (2) that he applied for and was qualified for a job which the B.O.P. was seeking applicants … Holdridge asserts that this finding is clearly erroneous because 45 days after the promotion board issues its list of qualified applicants, the warden is no longer required to select applicants from that list.

Walker v. City of Richardson, Texas

District Court, N.D. Texas · Aug 5, 2023

Because the Whistleblowers haven’t alleged the details of the adverse employment actions at issue, Defendants’ assertion of qualified immunity is not yet ripe. … Accordingly, the Court will not opine on qualified immunity until the Whistleblowers have updated their pleadings. 6 B.

McIver v. United States

650 F. Supp. 2d 587 · District Court, N.D. Texas · Jul 6, 2009

Under well-established law, “if a waiver of sovereign immunity contains a limitations period, a plaintiffs failure to file his action within that period deprives the court of jurisdiction.” … However, it is clearly established that a § 7433 claim does not apply to failure to release a lien. Gandy Nursery, Inc., 318 F.3d at 638 .

United States v. Daly

573 F. Supp. 788 · District Court, N.D. Texas · Apr 21, 1983

Fifth Circuit authority clearly requires greater absolute disparities when general population statistics are utilized rather than statistics concerning those in the general population actually qualified or eligible to serve … Clearly, Judge Mahon’s testimony, which the parties stipulated to be representative of the District practices (I-Tr. 13), established that solely sexually neutral criteria were used in the selection process of grand jury

Oladoja v. Rehman

District Court, N.D. Texas · May 12, 2025

Rehman answered and asserted qualified immunity. See Dkt. No. 11. And, as ordered, see Dkt. Nos. 13 & 15, Rehman moved for summary judgment on qualified immunity, see Dkt. Nos. 17 & 18. … After he did so, the Court entered an order on February 26, 2025 to allow Oladoja an opportunity to move for leave to conduct limited discovery in order to respond to the qualified immunity issues raised in the summary

Hargrave v. TXU Corp.

392 F. Supp. 2d 785 · District Court, N.D. Texas · Sep 29, 2005

Wyeth-Ayerst Labs, the Fifth Circuit Court of Appeals held that the “district court erred by not demanding” a showing of standing before it certified a class because failure to establish standing deprives the court of jurisdiction … As such, Plaintiffs are not eligible to receive benefits under the Thrift Plan and do not qualify as ERISA participants or beneficiaries.

Kinzie v. Dallas County Hospital District

239 F. Supp. 2d 618 · District Court, N.D. Texas · Jan 3, 2003

The blood transfused to Kinzie was infected with the human immune deficiency virus (“HIV”), which is the virus that causes acquired immune deficiency syndrome (“AIDS”). … The Court did observe that the “shocks the conscience” concept “points clearly away from liability, or clearly toward it, only at the ends of the tort law’s spectrum of culpability.” Id. at 848 , 118 S.Ct. 1708 .

Fields v. Keith

174 F. Supp. 2d 464 · District Court, N.D. Texas · Mar 28, 2001

That Fields was given marked bills clearly does not meet the test for invasion of privacy, and no viable claim exists for the use of the marked bills by Dillard. … The court also determines that the eases relied on by Fields to support her invasion of privacy claim are either inapposite or clearly distinguishable.

Irving Independent School District v. Packard Properties, Ltd.

762 F. Supp. 699 · District Court, N.D. Texas · Apr 18, 1991

The FDIC earlier moved for partial summary judgment establishing it is not liable for penalties (including collection costs) and interest authorized by the Texas Tax Code when taxes are not paid. … This is a different issue because the assessments of taxes for these years, and the attachment of any liens, clearly arose during the FSLIC/FDIC receivership.

Washington v. United States Department of Housing & Urban Development

953 F. Supp. 762 · District Court, N.D. Texas · Aug 5, 1996

The supreme court, in Sbrusch, clearly stated that a defendant will not have a continued duty based merely on one unrelated act of assistance. Sbrusch, 818 S.W.2d at 397-398 . … The Plaintiff argues that personal injury claims are not barred by immunity claims.

Webster v. Bass Enterprises Production Co.

192 F. Supp. 2d 684 · District Court, N.D. Texas · Feb 13, 2002

Webster can establish her prima facie case. … Justice, 114 F.3d 539 , 555 (5th Cir.1997) (holding that an official who stared at the female plaintiff, made suggestive comments to her, and slammed her door, was entitled to qualified immunity because his conduct was not

Gibson v. Wilson

District Court, N.D. Texas · Feb 12, 2021

Such allegations, however, are insufficient to amount to a qualifying prerequisite physical injury. Geiger v. … Gibson has failed to meet his burden of demonstrating a waiver of sovereign immunity so as to establish this Court’s subject matter jurisdiction over the remaining claims in this case.

Lewis v. Law-Yone

813 F. Supp. 1247 · District Court, N.D. Texas · Feb 22, 1993

The court notes that the Supreme Court opinion in Zinermon dealt solely with defendants who were clearly state officials, not private parties. In Burch v. … In order to establish a § 1983 cause of action based upon conspiracy, a plaintiff must establish (i) that the defendants agreed to commit actions that violated a plaintiff’s constitutional rights, Arsenaux v.

Great Western United Corp. v. Kidwell

439 F. Supp. 420 · District Court, N.D. Texas · Sep 2, 1977

The “Injury in Fact” Test Great Western must also meet the second standing requirement by. showing that it has a sufficient interest in the case for its dispute to qualify as a case or controversy. … Sovereign Immunity Defendants contend they are immune from suit due to the doctrine of sovereign immunity. Sovereign immunity is based on the old common law concept that a sovereign cannot be sued without its consent.

Konan v. United States Postal Service

District Court, N.D. Texas · Jan 19, 2023

The Individual Defendants move to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and based on qualified immunity.” Il. … No such qualifier modifies the nouns “loss” or “miscarriage,” indicating an intent to retain immunity for intentional acts of “loss” and “miscarriage” of “letters or postal matter.” Jd.

Chi-Feng Chang v. Thornburgh

719 F. Supp. 532 · District Court, N.D. Texas · Jun 29, 1989

According to defendants, the law clearly requires ChiShing to establish his ability to pay the wage offered, but his income tax returns establish that Chi-Shing suffered an $18,-642 net loss in 1985, while paying wages of … The determination whether a petitioner qualifies for a sixth preference visa employs a two-tiered qualification mechanism.

Lincoln Associates, Inc. v. Great American Mortgage Investors

415 F. Supp. 351 · District Court, N.D. Texas · Jun 24, 1976

The Morrissey *355 analysis of types of entities and enterprises is clearly applicable to the case at bar, and dictates IIT’s treatment as an unincorporated association. … In Larwin the trust was qualifying as a REIT at the time suit was brought. 13 . The affairs of IIT were originally conducted in such a manner as to qualify IIT as a REIT under the tax code.

Richie v. American Council on Gift Annuities

943 F. Supp. 685 · District Court, N.D. Texas · Sep 30, 1996

this lawsuit, the Court resists the temptation to “read into” the statute what “everyone clearly intended.” … “described in section 501(c)(3)” and “exempt from taxation under section 501(a),” which in. turn would qualify a Defendant to benefit from the new antitrust exemption.

Quintana v. Lightner

818 F. Supp. 2d 964 · District Court, N.D. Texas · Mar 21, 2011

In support of his argument, Quintana cites Inge-nix’s Appendix, which qualifies Ingenix, an affiliate of United Health Care, as “Claims Administrator.” See Appendix to Response at 77. … "[T]he objective of Congress in crafting Section 1144(a) was not to provide ERISA administrators with blanket immunity from garden variety torts which only peripherally impact daily plan administration.” Id.

San Miguel v. McLane

District Court, N.D. Texas · Sep 11, 2020

As demonstrated by Defendant Caldwell’s motion, she clearly disputes San Miguel’s allegations and asserts cognizable grounds for denying relief. … Because Saturdays and Sundays cannot qualify as the last day of the period for computing the time within which a party must answer (see Fed. R. Civ.