Case law

Jane Doe, on behalf of M.F. v. Harris County Precinct Six Constable Sylvia Trevino

District Court, S.D. Texas · Apr 7, 2020

For his part, Martinez invokes the affirmative defense of qualified immunity. Dkt 21 at 7. … If Doe later seeks to replead her claim against him, Martinez may reassert a qualified immunity defense as against those specific and concrete allegations.

St. John v. NCI Building Systems, Inc.

537 F. Supp. 2d 848 · District Court, S.D. Texas · Feb 13, 2008

John had been diagnosed in 2002 as positive for Human Immunodeficiency Virus (“HIV”), the virus that causes Acquired Immune Deficiency Syndrome (“AIDS”). (St. John Dep. at 65, Doc. 25 Ex. 1). St. … John argues that he qualifies as disabled under the first and third statutory definitions. The court addresses each in turn. 1.

Golden v. Employers Ins. of Wausau

981 F. Supp. 467 · District Court, S.D. Texas · Oct 23, 1997

Moreover, this Court seriously questions the sagacity of forcing a claimant to present extra-contractual claims in an administrative forum before filing suit, especially when that forum clearly is not presently qualified, … Finally, the Court notes that in Texas the proof needed to establish bad faith has changed. See Universe Life Ins. Co. v.

Brickey v. Bowen

722 F. Supp. 318 · District Court, S.D. Texas · Sep 11, 1989

cause” will be shown if: (1) new and material evidence is furnished; (2) a clerical error in the computation or recomputation of benefits was made; or (3) the evidence considered in making the determination or decision clearly … Although there is a good faith requirement for a surviving spouse to receive benefits, there is no such good faith requirement to establish a stepchild relationship with the decedent.

Ayanbadejo v. Chertoff

462 F. Supp. 2d 736 · District Court, S.D. Texas · Sep 21, 2006

On March 3, 1997, less than a month after their marriage, Felicia filed an 1-130 Petition seeking to establish that, as her spouse, John qualified as her immediate relative for the purpose of obtaining an immigrant visa. … United States, 891 F.2d 1154, 1159 (5th Cir.1990) (“Motions for a new trial or to alter or amend a judgment must clearly establish either a manifest error of law or fact or must present newly discovered evidence.

Schweitzer v. Inv. Comm. of the Phillips 66 Sav. Plan

312 F. Supp. 3d 608 · District Court, S.D. Texas · May 9, 2018

Phillips 66 established the Plan on May 1, 2012, for Phillips 66 employees in connection with the spinoff. … "To establish a violation, a plaintiff must demonstrate that the portfolio is not diversified 'on its face.' " Id. at 209 .

Benson v. Galveston County

District Court, S.D. Texas · Aug 17, 2022

It is also well-established that a governmental unit enjoys a heavy presumption in favor of immunity, see City of Galveston v. … or Congress has clearly abrogated it.”).

Lights v. Hardin

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

It lacks an arguable basis in fact “if, after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Id. … Harris, 401 U.S. 37 (1971), and its progeny established that “absent extraordinary circumstances federal courts should not enjoin pending state criminal prosecutions.” New Orleans Pub. Serv., Inc. v.

Samtani v. City of Laredo

274 F. Supp. 3d 695 · District Court, S.D. Texas · Aug 16, 2017

Clifton, 29 F.3d 1012, 1016 (5th Cir. 1994) (“The right to be free from [a warrantless seizure] without probable cause is a clearly established constitutional right.”). … established constitutional ' right.”); Evans v.

Garrett v. Harris County Sheriff's Office

District Court, S.D. Texas · Feb 11, 2025

App’x. 491 (5th Cir. 2009) (“As a division within the Harris County Sheriff’s Department, the Harris County Jail does not qualify as an entity with capacity under the rules because it cannot sue or be sued. … Hickman, 935 F.3d 302, 307 (5th Cir. 2019) (noting that to establish a due process claim regarding episodic acts or omissions, a plaintiff must “establish that the official[s] acted with subjective deliberate indifference

Martinez v. Bowers

District Court, S.D. Texas · Apr 19, 2024

Sovereign immunity bars actions against a state or a state official unless Congress has abrogated the immunity or the state has specifically waived its immunity. See Will v. Mich. … Congress did not abrogate the states’ sovereign immunity when it enacted § 1983. Id. And the State of Texas has not waived its sovereign immunity for purposes of § 1983 actions. See Tex. A & M Univ. Sys. v.

Rainey v. Manufacturers & Traders Trust Company

District Court, S.D. Texas · Jul 10, 2024

“Representing a mortgage company and filing a foreclosure action against homeowners who have defaulted on their loan is clearly the kind of conduct an attorney engages in as part of the discharge of his duties in representing … To establish DTPA consumer status, Plaintiffs must show: (1) that they acquired goods or services by purchase or lease; and (2) that the goods or services purchased or leased form the basis of the complaint.

Craig v. Ritchie

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

The function performed governs the immunity analysis. … Craig hasn’t carried his burden to plead sufficient facts establishing either the policy or policymaker necessary to liability under § 1983.

Giacona v. Marubeni Oceano (Panama) Corp.

623 F. Supp. 1560 · District Court, S.D. Texas · Dec 27, 1985

Through analogies drawn from the public utility context, the Supreme Court held that such contracts were void as against public policy, and upheld the long-established rule that a common carrier cannot stipulate for immunity … It is well-established that where one instrument refers to another instrument in specific terms which clearly shows an intent to make it part of the contract, both instruments are to be construed together.

Fishbeck v. Lavaca County, Texas

District Court, S.D. Texas · Feb 28, 2025

The Parties do not dispute that Fishbeck has established a prima facie case of sex discrimination. (See generally Dkt. Nos. 26–28). She is a woman. (Dkt. No. 26 at 3). She was qualified for the job. … To establish a prima facie case of disability discrimination, an employee must establish that “(1) she is disabled within the meaning of the ADA, (2) she was qualified for the job, and (3) she was fired on account of

Eugene v. Rumsfeld

168 F. Supp. 2d 655 · District Court, S.D. Texas · Oct 11, 2001

Hence, in order to establish a prima facie case of discrimination in a RIF case, a plaintiff may show: (1) she is a member of a protected class; (2) she was adversely affected by the employer’s decision; (3) she was qualified … To establish a prima facie case of disparate treatment, the plaintiff must show that: (1) she is a member of a protected class; (2) she was qualified for the position; (3) she suffered an adverse employment action; and (4

Mata v. Schoch

337 B.R. 138 · District Court, S.D. Texas · Oct 26, 2005

Plaintiffs in this case argue that the removal of their state court lawsuit to the bankruptcy court by Schoch qualifies as an informal proof of claim. [Docket No. 47, ¶ 4, Pls’ Pos. … is an informal proof of claim); In re Scott, 67 B.R. 1011, 1013 (Bankr.M.D.Fla.1986) (holding that complaints against a chapter 7 discharge coupled with objections to a Chapter 13 plan of reorganization are sufficient to establish

Metro Hospitality Partners, Ltd. v. Lexington Insurance

84 F. Supp. 3d 553 · District Court, S.D. Texas · Jan 29, 2015

Parra lacked adequate knowledge of the spreadsheet and underlying data to establish the predicate for their admission. See Hoffman v. … His testimony fails to demonstrate that he was a “custodian or another qualified witness” who could establish the elements of Rule 803(6) (regularly conducted activity) or Fed.

Morgan v. Freshour

District Court, S.D. Texas · Sep 29, 2021

Chapman also asserts that she is entitled to qualified immunity. (Dkt. No. 102 at 6–9). … curiam) (“Tuft’s proposed amendment would be futile in light of the qualified immunity analysis above.”).

Rizvi v. Department of Homeland Security

37 F. Supp. 3d 870 · District Court, S.D. Texas · Aug 4, 2014

Professionals are “[qualified immigrants who hold baccalaureate degrees and who are members of the professions.” 8 U.S.C. § 1153 (b)(3)(A)(ii). … The “USCIS has established three primary methods by which an employer can conclusively establish the ability to pay the proffered wage.” Taco Especial, 696 F.Supp.2d at 878 .