Legal Opinion

Zephyr Aviation, L.L.C., Zephyr Aviation, L.L.C. v. Robert Alan Dailey, Also Known as Bob Dailey Kenneth Wayne Clary, Also Known as Ken Clary

Court of Appeals for the Fifth Circuit

Decided April 4, 2001No. 00-20169PublishedCited by 41 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

Zephyr Aviation, L.L.C. (Zephyr) appeals the dismissal of its constitutional tort action against Robert Alan Dailey and Kenneth Wayne Clary (the Defendants). Zephyr contends that the FAA’s administrative remedies do not contemplate constitutional tort actions against FAA inspectors in then- individual capacity, and, therefore, the district court erred in dismissing its claims for lack of subject-matter jurisdiction after concluding that Zephyr failed to exhaust its administrative remedies. Zephyr also contends that the district court erred in dismissing its claims…

2Cases cited22 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Hudson v. PalmerSupreme Court of the United States · 1984
  4. Parratt v. TaylorSupreme Court of the United States · 1981
  5. County of Sacramento v. LewisSupreme Court of the United States · 1998

17 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Raj v. Louisiana State UniversityCourt of Appeals for the Fifth Circuit · 2013
  2. Carlos Gonzalez v. Cynthia J. O'connell, District Director, Bureau of Immigration and Customs Enforcement, and United States of AmericaCourt of Appeals for the Seventh Circuit · 2004
  3. John Quinn v. Jesus GuerreroCourt of Appeals for the Fifth Circuit · 2017
  4. Robbins v. WilkieCourt of Appeals for the Tenth Circuit · 2002
  5. Dawson Farms, LLC v. Farm Service AgencyCourt of Appeals for the Fifth Circuit · 2007

36 more not listed; retrieve them via the Exa API.

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