green
Positive treatment
Quoted verbatim 7×
22.3 score
G Cite
cited 3× by 3 distinct cases ·
…this rule does not extend to habeas corpus petitions, which are covered by the specific rules relating to proceedings under sections 2254 and 2255 of title 28.
⚠ not in text
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
Ellsberry v. Stewart
even if the arrest warrant was constitutionally defective, an officer executing the warrant is entitled to qualified immunity if the warrant is regular on its face and the officer does not act in bad faith or with notice of an infirmity of the warrant.
discussed
Cited as authority (verbatim quote)
Horak v. USCIS
the mere inconsistency between a witness's trial testimony and his prior statements . . . does not in itself establish that the testimony is false.
discussed
Cited as authority (quoted)
H&K International Inc v. F&M Installations Corp
international moved pursuant to federal rule of civil procedure 12(b)(2) to dismiss cooper's claims for lack of personal jurisdiction.
discussed
Cited as authority (quoted)
Richardson v. Davis
this rule does not extend to habeas corpus petitions, which are covered by the specific rules relating to proceedings under sections 2254 and 2255 of title 28.
discussed
Cited as authority (quoted)
Weatherly v. Davis
this rule does not extend to habeas corpus petitions, which are covered by the specific rules relating to proceedings under sections 2254 and 2255 of title 28.
discussed
Cited as authority (quoted)
Mangum v. Davis
this rule does not extend to habeas corpus petitions, which are covered by the specific rules relating to proceedings under sections 2254 and 2255 of title 28.
discussed
Cited as authority (quoted)
Antonio Buehler v. City of Austin/Austin Police, e
misrepresent or omit material information in presenting such information are not shielded from liability.
cited
Cited as authority (rule)
Jackson v. State of Mississippi
Tex. Jan. 26, 2018) (citing Thomas v. Arn, 474 U.S. 140, 154 (1985); Scott v. Alford, 62 F.3d 395, *2 (5th Cir. 1995)).
discussed
Cited as authority (rule)
Clingman & Hanger Management Associates, LLC v. Rieck
As to the latter argument, the Fifth Circuit holds that hearsay directly contradicted by an affidavit “will not defeat a motion for dismissal under Rule 12(b)(2).” Cooper v McDermott International Inc, 62 F3d 395, 395 (5th Cir 1995).
discussed
Cited as authority (rule)
King v. LIFE SCHOOL
See Cash v. Jefferson As socs., Inc., 978 F.2d 217, 218 (5th Cir.1992) (a response to a motion to dismiss, in which plaintiff alleged for the first time that she had been willfully discriminated against, should have been treated as a motion to amend her pleadings); Debowale v. U.S. Inc., 62 F.3d 395, 395 (5th Cir.1995) (a response to a motion for summary judgment motion, in which Plaintiff raised a Biven’s claim raised for the first time, should have been construed as a motion to amend the complaint under Rule 15(a)).
discussed
Cited "see"
Scott v. Pyles
See Kugle v. Shields, 62 F.3d 395 , 1995 WL 450219, at *3 (5th Cir. 1995) (finding officers entitled to qualified immunity when they arrested the plaintiff based on a warrant that incorrectly identified her as the person to be arrested); Est. of Manus v. Webster Cnty, 2014 WL 1285946 , at *5 (N.D.
discussed
Cited "see"
Lisa Biron v. Jody Upton, Warden
(2×)
See Downs v. Wages, 62 F.3d 395 , 1995 WL 450196, *1-2 (5th Cir. July 3, 1995) (unpublished).
discussed
Cited "see"
Kelda Price v. Charles Porter
See Minor v. State of Texas, 62 F.3d 395 (5th Cir.1995) (holding that the Rooker-Feld-man doctrine bars a district court from addressing a complaint claiming that the judge in a state court action should have been recused).
discussed
Cited "see"
Stover v. Hattiesburg Public School District
See Debowale v. U.S. Inc., 62 F.3d 395, 395 (5th Cir.1995) (“The district court should have construed [the plaintiffs] Bivens claim, raised for the first time in his response to the summary judgment motion, as a motion to amend the complaint under Fed.R.Civ.P. 15(a) and granted it.”) (citations omitted); Cash v. Jefferson Assocs., Inc., 978 F.2d 217, 218 (5th Cir.1992) (deciding that a response to a motion to dismiss, in which plaintiff first alleged that she had been willfully discriminated against, should be treated as a motion to amend her pleadings); Sherman v. Hallbauer, 455 F.2d 1236…
discussed
Cited "see, e.g."
Shropshire v. Collier
See 28 U.S.C. § 636 (b)(1)(C); Thomas, 474 U.S. at 149, 154 ; 106 S.Ct. at 472 , 474–55; Douglass, 79 F.3d at 1429 ; McGill, 17 F.3d at 732 ; Rodriguez, 857 F.2d at 277 ; see also Scott, 62 F.3d 395 , 1995 WL450216, at *2.
discussed
Cited "see, e.g."
William Boateng v. BP, P.L.C.
P. 61; see also Debowale v. U.S. Inc., 62 F.3d 395, 395 (5th Cir. 1995) (unpublished) (finding that while “[t]he district court should have construed Debowale’s Bivens claim, raised for the first time in his response to the summary judgment motion, as a motion to amend [his] complaint under FED.
discussed
Cited "see, e.g."
Ware v. U.S. Bank National Ass'n
Compare Cutrera, 429 F.3d at 113 (affirming dismissal and holding that “[a] claim which is not raised in the complaint, but, rather, is raised only in response to a motion for summary judgment is not properly before the court”) with Debowale v. U.S. Inc., 62 F.3d 395 , 1995 WL 450199 , at *1 (5th Cir.1995) (per curiam) (holding that “[t]he district court, should have construed [the plaintiffs] Bivens claim, raised for the first time in his response to the summary judgment motion, as a motion to amend the complaint under Fed.R.Civ.P. 15(a) and granted it”) (citations omitted). 2 Assumin…
Retrieving the full opinion text from the archive…
Downs
v.
Wages
v.
Wages
Downs
v.
Wages[*]
NO. 95-10063
United States Court of Appeals,
Fifth Circuit.
July 03, 1995
Appeal From: N.D.Tex., No. 2:94-CV-131
1
AFFIRMED.
*
Fed.R.App.P. 34(a); 5th Cir.R. 34.2