Case law

Harkless v. Sweeny Independent Sch. Dist. of Sweeny, Tex.

300 F. Supp. 794 · District Court, S.D. Texas · Jun 6, 1969

That before recruiting from outside the system, the board did not fail to determine that the plaintiffs were not qualified to fill any vacancies. 5. … The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.

Does 1-5 v. Obiano

District Court, S.D. Texas · Jan 17, 2024

Moving to step two, I ask whether such a grant of immunity is something the State Department would recognize under established policy. … In response, Judge Edith Jones, joined by three judges, wrote that such an exception would “create a breathtaking expansion of federal court authority” and “abrogate federal sovereign immunity contrary to clearly established

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.

Prim v. Stein

District Court, S.D. Texas · Jun 29, 2020

Last, the officers are immune from liability even if they mistook Janet's MS symptoms for intoxication. … Thus, an officer is entitled to qualified immunity unless the officer's actions were objectively unreasonable in light of the circumstances and clearly established law.’

Louzi v. Fort Bend County, Texas

District Court, S.D. Texas · Aug 26, 2020

defeat a qualified immunity defense with equal specificity.” … Yet that case merely held that no such right was “clearly established” for qualified immunity purposes under Supreme Court or Third Circuit case law. Id.

Monroy v. Harris County Pre-Trial Services

District Court, S.D. Texas · Mar 27, 2023

A Rule 59(e) motion “‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise arguments which could, and should, have been made before the judgment … Whether she identified the defendants by name or otherwise, Monroy did not allege facts that could state civil rights violations against them or that could overcome their defense of qualified immunity.

Bass Anglers Sportsman's Society v. U. S. Plywood-Champion Papers, Inc.

324 F. Supp. 302 · District Court, S.D. Texas · Feb 10, 1971

Clearly, then, the qui twm civil action is not authorized. … vested in them, or unless the statutes under which they are acting are unconstitutional, these governmental defendants, as agents and officers of the United States of America, are protected by the doctrine of sovereign immunity

Getty v. National Oil Corporation Libya

District Court, S.D. Texas · Jan 13, 2025

FSIA immunity Plaintiff contends in his amended complaint that (1) NOC Libya is a corporation that does not qualify as a foreign sovereign; and (2) even if NOC … Libya were a foreign sovereign, it qualifies for the commercial activity exception to the FSIA.

Laufman v. United States

199 F. Supp. 353 · District Court, S.D. Texas · Nov 20, 1961

In essence, to qualify for an exemption from excise taxation, a taxpayer in Laufman’s position of maintaining' both a wholesale and a retail business must first overcome a presumption of a retail sale. … In summary, to overcome the presumption of a retail sale, under the facts of this case, a dual showing must be made (1) that the character of the sale in its various elements clearly establishes a wholesale transaction according

Motten v. Chase Home Finance

831 F. Supp. 2d 988 · District Court, S.D. Texas · Jun 28, 2011

Iqbal, 129 S.Ct. at 1940 , the Supreme Court, applying the Twombly plausibility standard to a Bivens claim of unconstitutional discrimination and a defense of qualified immunity for government official, observed that two … rate of a loan for those who qualify. .

United States v. Mays

470 F. Supp. 642 · District Court, S.D. Texas · May 14, 1979

The testimony of John Thomas Olin and William Byrd is testimony which has been purchased by grants of immunity. … These relevant, well-established facts are: 1.

Stewart

District Court, S.D. Texas · Mar 6, 2026

As a private business, even one contracting with a state agency, Pro-Care qualifies as a state actor only if it is performing a function that “‘is traditionally the exclusive province of the state.” Rosborough v. … Id Therefore, a claim of negligent driving does not establish a violation of a constitutional right for purposes of pursuing a § 1983 action. See, e.g., Baughman v.

Equal Employment Opportunity Commission v. Exxon Corp.

583 F. Supp. 632 · District Court, S.D. Texas · Feb 9, 1984

Yet, the evidence clearly established that the full details of the new scheduling, or the potential to be promoted to lead position were never explained to her, as they later were to Mr. Silvia. … Furthermore, evidence established, without a doubt, that Mrs. Cook was eminently more qualified for the Agency T.A. position than was Mr. Hurtado.

Graham v. Three or More Members of the Six Member Army Reserve General Officer Selection Board of 30 November 1979

556 F. Supp. 669 · District Court, S.D. Texas · Feb 8, 1983

[by the Defendants which] violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Therefore, the Court finds the individual Defendants are immune from personal liability and should not be “subject ... to the costs of trial or to the burdens of broad-reaching discovery.” Id.

Lee v. UTMB Health of Clear Lake

District Court, S.D. Texas · Jun 28, 2021

This Section, titled “Civil action for death or personal injury in a place subject to exclusive jurisdiction of United States,” clearly governs entities subject to exclusive jurisdiction of the United States. … To make out a prima facie case of discrimination under the ADA, a plaintiff must plead: “(1) that he is a qualified individual within the meaning of the ADA; (2) that he is being excluded from participation in, or being

Airhart v. Union Pacific Railroad Co.

346 F. Supp. 2d 903 · District Court, S.D. Texas · Aug 25, 2004

If Lane controls this case, the allegedly defamatory communications carry an absolute privilege, and “it is well established that an absolutely privileged communication is one for which no remedy exists in a civil action … Randall’s is clearly distinguishable from this case. In Randall’s, no one even argued that the communications were entitled to an absolute privilege.

English v. United States of America

District Court, S.D. Texas · Aug 27, 2024

This includes the basic requirement that the facts plausibly establish each required element for each legal claim. … App’x 369, 372 (5th Cir. 2017) (explaining, in a case involving judicial immunity and qualified immunity, that although defendants moved to dismiss under both Rule 12(b)(1) and Rule 12(b)(6), the court analyzed defendants

KHC LLC v. Ogg

District Court, S.D. Texas · Sep 21, 2020

The defendants further assert that even if any such claim has been alleged, it is defeated by qualified immunity. … The pleadings also fail to establish that DA Ogg is not entitled to official immunity under Thompson. See Thompson v. Upshur County, Texas, 245 F. 3D 447, 456-57 (5th Cir. 2001).

Gwyn v. Judge Kellas-Burton

District Court, S.D. Texas · Aug 26, 2024

After reviewing the filings, the Court finds that Gwyn has not carried his burden and has not established her right to injunctive relief. … CONCLUSION Gwyn has failed to establish a substantial likelihood of success on the merits of her case.

Charles

District Court, S.D. Texas · Sep 30, 2022

it received substantial material assistance from the federal government) (“Although there is no simple test for ascertaining whether an institution is so closely r[e]lated to governmental activity as to become a tax- immune … instrumentality, the Red Cross is clearly such an instrumentality.”).