Take the Fifth: Nov. 18, 2020 opinions


  • Velazquez v. U.S., 19-10138, appeal from N.D. Tex.
    • per curiam (Barksdale, Elrod, Ho), Federal Tort Claims Act, prisoner suit, jurisdiction
    • Affirming 12(b)(1) dismissal of federal prisoner’s FTCA claim for injuries received responding to a fellow inmate’s calls for assistance, as the Inmate Accident Compensation Act provided the exclusive remedy.
  • Jones v. Lubbock County Hospital District, 19-11364, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), Americans with Disabilities Act
    • Affirming in part and vacating in part district court’s summary judgment dismissing plaintiff’s ADA claims, and remanding for further proceedings.
  • Stevens v. Administrator, Federal Aviation Administration, 19-60934, petition for review of order of FAA
    • per curiam (Jones, Haynes, Ho), FAA certification
    • Denying petition on finding that decision of FAA regarding petitioner’s failure to submit to drug test was not arbitrary or capricious.
  • Ohakweh v. Harris Health System, 20-20446, appeal from S.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), res judicata, wrongful death
    • Affirming res judicata dismissal of wrongful death suit.
  • Foster v. Ferrellgas, Inc., 20-50446, appeal from W.D. Tex.
    • per curiam (Haynes, Willett, Ho), employment discrimination, retaliation
    • Affirming dismissal of employment discrimination and retaliation suit on basis of failure to make prima facie case.