April 21, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Perez-Espinoza, 20-40769, appeal from S.D. Tex.
    • Oldham, J. (Davis, Willett, Oldham), criminal, sentencing
    • Affirming sentence, holding that orally pronounced supervised-release term that defendant would have to report to U.S. Probation Office within 72 hours of return to U.S. was not materially different from written term that he would have to report “immediately” upon return to U.S.
  • Solis v. Serrett, 21-20256, appeal from S.D. Tex.
    • Engelhardt, J. (Davis, Smith, Engelhardt), qualified immunity
    • Reversing denial of qualified immunity summary judgment for officers arising from arrest of plaintiff who had been recording arrest of her boyfriend.
    • The Court held, “It was reasonable of Sims and Serrett to believe that, in light of Solis’s interjections, her comments toward them, her resistance, and her indignation on being told she would be arrested, some degree of force would be necessary to subdue her. In sum, even viewing the facts in the light most favorable to Solis, we cannot say that the officers violated her constitutional right to be free from excessive force. Accordingly, we conclude that the district court erred in denying the officers’ motion for summary judgment.”
    • The Court also reviewed numerous similar minor-force/minor-injury cases and held that there was no clearly established Constitutional right that was violated in this case.
  • Saketkoo v. Administrators of the Tulane Educational Fund, 21-30055, appeal from E.D. La.
    • Stewart, J. (Stewart, Ho, Engelhardt), employment discrimination, Title VII
    • Affirming summary judgment dismissal of plaintiff medical school professor’s employment discrimination claims.
    • The Court held that the plaintiff failed to present a prima facie case of gender discrimination because she did not provide sufficiently similar comparators.
    • As to the plaintiff’s retaliation claim, the Court held that the plaintiff failed to present any evidence that the medical school’s decision to not renew her contract did not precede her report of her supervisor’s allegedly discriminatory behavior.
    • The Court held that the plaintiff’s supervisor’s sporadically abrasive conduct was not sufficient to survive summary judgment on her hostile work environment claim, particularly where evidence of his abrasiveness toward male doctors on the staff showed that it was not gender-based conduct.

Unpublished

  • Burch v. Aurzada, 20-11040, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Willett), bankruptcy
    • Dismissing as frivolous appeal from dismissal of bankruptcy appeal for failure to pay filing fee.
  • Valdez v. Superior Energy Services, Inc., 20-40182, appeal from S.D. Tex.
    • per curiam (Jones, Costa, Duncan), Fair Labor Standards Act
    • Affirming district court order dismissing plaintiffs’ overtime-pay lawsuit without approving the portion of their settlement agreement relating to attorney’s fees.
  • U.S. v. Huckaby, 21-10836, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Affirming 24-month revocation sentence.
  • U.S. v. Alamailla-Hernandez, 21-10928, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ervin, 21-11129, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Affirming sentence including term of supervised release mandating revocation upon certain offenses.
  • U.S. v. Scott, 21-20541, appeal from S.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Salazar-Monroy, 21-40656, appeal from S.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Quintero-Barias, 21-40851, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia, 21-50268, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release
    • Vacating denial of motion for compassionate release, and remanding for consideration in light of United States v. Shkambi, 993 F.3d 388 (5th Cir. 2021).
  • U.S. v. Barron-Vazquez, 21-50785, appeal from W.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Affirming conviction and 37-month sentence for illegal reentry.
  • Shumaker v. Guzman, 22-40049, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Graves), CARES Act
    • Affirming district court’s denial of plaintiff’s motion for an emergency injunction to compel Isabella Guzman, Administrator of the United States Small Business Administration (“SBA”), to immediately issue funds to him pursuant to the Coronavirus Aid, Relief, and Economic Security Act (“Cares Act”).