Take the Fifth: Oct. 21, 2020 opinions

Posted on by tadbartlett

Only unpublished decisions to report from yesterday’s releases (with one “revised” published opinion released for U.S. v. Becerra, originally released on October 6).

  • Cannon v. Southern University Board of Supervisors, 19-30803, appeal from M.D. La.
    • per curiam (Haynes, Willett, Ho), due process
    • Affirming district court’s summary judgment dismissing law student’s due process claim against defendant’s for dismissal from the law school upon discovery that he had failed to report two arrests on his admission application.
  • U.S. v. Castillo-Chavez, 19-40865, appeal from S.D. Tex.
    • per curiam (Jones, Costa, Wilson), criminal, sentencing
    • Denying IFP application and dismissing appeal of sentence as frivolous.
  • Sabatelli v. Baylor Scott and White Health, 19-50047, appeal from W.D. Tex.
    • per curiam (Owen, Haynes, Costa), employment discrimination, arbitration
    • Affirming summary judgment dismissing age discrimination claims, and district court’s order enjoining subsequent arbitration of breach of contract claim based on breach of the employment agreement.
  • Pineda-Sabillon v. Barr, 19-60573, petition for review of BIA order
    • per curiam (Barksdale, Graves, Oldham), immigration
    • Dismissing in part and denying in part petition for review of BIA order dismissing appeal of IJ decision denying motion to reopen removal proceedings.
  • Hicks v. LeBlanc, 20-30125, appeal from M.D. La.
    • per curiam (Graves, Costa, Engelhardt), § 1983, qualified immunity
    • Affirming in part and reversing in part district court’s denial of qualified immunity at the motion-to-dismiss stage, holding that denial of qualified immunity for Corrections employee was proper but that qualified immunity should have been granted for Corrections Secretary.
  • Magee v. LeBlanc, 20-30156, appeal from E.D. La.
    • per curiam (Jolly, Elrod, Graves), jurisdiction
    • Dismissing appeal of order remanding to state court, for lack of appellate jurisdiction.
  • U.S. v. Flowers, 20-60076, appeal from S.D. Miss.
    • per curiam (Barksdale, Graves, Oldham), criminal, warrantless search, search and seizure
    • Affirming conviction on finding that district court properly denied motion to suppress.