Case law

Castillanos v. Houston Police Department

District Court, S.D. Texas · Oct 11, 2022

The individual defendants move to dismiss the complaint for failure to state a claim and for failure to allege facts that could overcome qualified immunity. … Castillanos that the officers assert entitle them to dismissal and to qualified immunity.

Dixon v. The Texas Department of Public Safety

District Court, S.D. Texas · Aug 23, 2024

Even accepting Dixon’s allegations as factual, he does not establish that he is entitled to the relief he seeks. … See Black Fire Fighters Ass’n, 905 F.2d at 65 (because a party seeking an injunction must establish each of the four criteria, a preliminary injunction will be denied when the party fails to establish any one of the four

Rangel v. United States of America

District Court, S.D. Texas · Feb 21, 2023

established reason.” … In sum, Rangel’s allegations ultimately hinge on whether he qualifies as a U.S. citizen.

Dishman v. Cox

District Court, S.D. Texas · Apr 28, 2023

Defendant Cox moved for summary judgment, in part, on qualified immunity grounds. See (D.E. 25, p. 4-5, 6-8, 12-13). Plaintiff did not respond to Defendant Cox’s motion for summary judgment. … When no timely objection has been filed, the district court need only determine whether the magistrate judge’s M&R is clearly erroneous or contrary to law. United 1/2 States v.

Payne v. United States

91 F. Supp. 2d 1014 · District Court, S.D. Texas · Mar 19, 1999

In determining whether an agent has behaved in “good faith,” the Fifth Circuit has adopted the following objective standard: officials act “in good faith when ‘their conduct does not violate clearly established statutory … [Section] 7430 indicates that Congress intended to wave its immunity from interest awards.”).

Diamond Offshore Co. v. A&B BUILDERS, INC.

75 F. Supp. 2d 676 · District Court, S.D. Texas · Nov 18, 1999

The second possibility is that McMillon might fail to qualify under the LHWCA directly, but qualify via the OCSLA. … Since he was injured on the navigable waters overlying the outer Continental Shelf, the situs prongs of both the LHWCA and the OCSLA test are clearly satisfied.

Casey v. Stephens

161 F. Supp. 3d 496 · District Court, S.D. Texas · Feb 9, 2016

Morris filed objections to the November M&R, arguing that his defense of qualified immunity entitled him to be free from the burdens of suit, as well as trial. (D.E. 22). … An amended recommendation on Morris’s qualified immunity defense was ordered, (D.E. 28), and on February 27, 2015, Judge Libby entered a supplemental M&R recommending that the Court find that Morris was entitled to qualified

Maggard v. Arco Products Co.

933 F. Supp. 653 · District Court, S.D. Texas · Aug 8, 1996

Members feel that the minutes of their meeting (attached) have clearly discussed or suggested this work toward their collective goal of establishing standards for analytical and associated process NIR methodology. … In Texas, a showing of common law malice is insufficient to overcome-a qualified privilege; instead, the plaintiff must establish “actual malice” as defined in New York Times v.

Hickam IV v. Office of Personnel Management

District Court, S.D. Texas · Oct 18, 2024

The party asserting jurisdiction has the burden to establish subject matter jurisdiction. See McLin v. Twenty-First Jud. Dist., 79 F.4th 411, 415 (5th Cir. 2023). … OPM3 It is black-letter law that the United States is immune from tort suits absent a waiver of immunity. See Gregory v.

Rankin Road, Inc. v. Underwriters at Lloyds of London

744 F. Supp. 2d 630 · District Court, S.D. Texas · Oct 12, 2010

establish a cause of action against that party in state court. … Apart from Donovan and Andres’ conduct, Gulf Coast’s own role in the process appears to qualify as “adjusting” the claim.

Comb v. Benji's Special Educational Academy, Inc.

745 F. Supp. 2d 755 · District Court, S.D. Texas · Oct 15, 2010

Schneider’s addition as a defendant is also proper because questions of law, such as qualified immunity, are common among all individual Defendants, including Mr. Schneider. … District of Columbia, 238 F.Supp.2d 114 (D.D.C.2002), clearly holds that “any fundamental change in, or elimination of, a basic element of the educational program qualifies as a change in placement.”

American General Insurance v. Federal Trade Commission

359 F. Supp. 887 · District Court, S.D. Texas · Jun 5, 1973

The Supreme Court sustained jurisdiction in the district court to enjoin the NLRB from depriving some of the affected, employees of a substantive right clearly granted to them by statute and from exercising authority clearly … Philadelphia National Bank, 374 U.S. 321 , 83 S.Ct. 1715 , 10 L.Ed.2d 915 (1963), that “immunity from the [federal] antitrust laws is not lightly implied.” A.

Metoyer v. American International Life Assurance Co.

296 F. Supp. 2d 745 · District Court, S.D. Texas · Dec 16, 2003

Because removal is premised on ERISA coverage, the Court concludes that Defendant bears the burden of establishing that the Policy qualifies as an ERISA plan. Cf. Zavora v. Paul Revere Life Ins. … requirement of establishment or maintenance by an employer for the purpose of benefitting the plan participants.”

Williams v. Houston Lighting & Power Co.

980 F. Supp. 879 · District Court, S.D. Texas · Oct 9, 1997

either defendant under the ADA. 1 First, the evidence clearly shows that Williams did not have an impairment or a record of an impairment that substantially limited any major life activity. … HL&P clearly has a significant obligation to its employees and to the public as a whole to ensure compliance with the health and safety regulations at its nuclear power plant.

Howard S. v. Friendswood Independent School District

454 F. Supp. 634 · District Court, S.D. Texas · Jun 23, 1978

These difficulties in high school were clearly foreseeable. … FISD here clearly violated the duties placed upon it by the Constitution of the United States. See Goss v. Lopez, supra. Ultimately in May 1977, Mr. and Mrs.

Texas v. Crabtree

948 F. Supp. 2d 676 · District Court, S.D. Texas · May 31, 2013

This policy argument does not qualify as a “serious conservation or management problem,” as required by NMFS directives. … Further, the Court finds that the Emergency Rule to be contrary to established law.

United States v. 2004 Ferrari 360 Modeno

902 F. Supp. 2d 944 · District Court, S.D. Texas · Nov 6, 2012

The “claimant opposing forfeiture bears the burden of establishing standing”. … When these two facts are taken in tandem, Claimant argues that she is clearly an unsecured creditor with an interest in the specific property being forfeited and therefore qualifies for the Reckmeyer exception.

Bartimmo v. United States

525 F. Supp. 2d 879 · District Court, S.D. Texas · Nov 30, 2007

The United States, as sovereign, is immune from suit. United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). … To overcome sovereign immunity in a tax refund action, a taxpayer must file a claim for refund with the IRS within the time limits established by the IRC. United States v.

Nail v. Brazoria County Drainage District No. 4

992 F. Supp. 921 · District Court, S.D. Texas · Mar 19, 1998

The claims Nail asserts in this action clearly arise out of events related to his employment as General Manager of the District, and the Release clearly covers his claims. … of law, establish the required elements of duress.

Crawford v. Sims

District Court, S.D. Texas · Dec 16, 2021

Qualified Immunity. Qualified immunity shields public employees from suit unless they have violated a clearly established right at the time.? … .* The protected right must be so clearly established that no objective officer could have reasonably believed the conduct was lawful.° 6. Laxman Sundar.