July 14, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • Fairchild v. Coryell County, 20-50237, appeal from W.D. Tex.
    • Costa, J. (Jolly, Southwick, Costa), excessive force, qualified immunity
    • Reversing summary judgment in favor of jailer defendants and county on plaintiffs’ excessive force claims arising from the jailers’ forceful pinning of a pretrial detainee to the floor of her cell until she died, holding that there was a genuine issue of fact as to a constitutional violation and that it was clearly established. Remanding for further proceedings.
  • Preble-Rish Haiti, S.A. v. Republic of Haiti, 22-20021, appeal from S.D. Tex.
    • Graves, J. (Higginbotham, Dennis, Graves), Foreign Sovereign Immunities Act
    • Reversing the district court’s order of prejudgment attachment of assets of the Republic of Haiti in an action to enforce an arbitration award against Haiti, vacating the writ of attachment, and remanding for further proceedings.
    • Under the FSIA, a foreign state’s property is immune from attachment unless, inter alia, it has expressly waived that immunity under 28 U.S.C. 1610(d). The Court held that “[a]nything short of a foreign state’s clearly expressed waiver of immunity from prejudgment attachment will not suffice under § 1610(d). Here, however, the district court entered a writ of attachment based on the erroneous conclusion that Haiti and its agency waived their immunity from prejudgment attachment based on a contract that said nothing about prejudgment attachment.”

Unpublished

  • Esquibel-Segovia v. Garland, 20-60890, petition for review of BIA order
    • per curiam (Jones, Southwick, Oldham), immigration
    • Denying Honduran citizens’ petition for review of BIA order affirming the Immigration Judge’s denial of their claims for asylum, withholding of removal, and protection under the Convention Against Torture.
  • Lopez-Christales v. Garland, 20-60891, petition for review of BIA order
    • per curiam (Smith, Dennis, Southwick), immigration
    • Dismissing Salvadoran citizen’s petition for review of BIA order dismissing her appeal of an order of the immigration judge (I.J.) denying her application for asylum, withholding of removal, and protection under the CAT.
  • Asongafac v. Garland, 20-61094, petition for review of BIA order
    • per curiam (Davis, Higginson, Engelhardt), immigration
    • Denying in part and dismissing in part Cameroonian citizen’s petition for review of BIA order dismissing his appeal from a decision of the Immigration Judge (IJ) concluding that he was not entitled to asylum, withholding of removal, and relief under the CAT.
  • U.S. v. Taylor, 21-10017, appeal from N.D. Tex.
    • per curiam (Jolly, Elrod, Haynes), criminal, sentencing
    • Vacating 120-month sentence for being a felon in possession of a firearm, and remanding for resentencing.
  • U.S. v. Garcia-Gonzalez, 21-10877, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Adeoso, 21-11164, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia, 21-20498, appeal from S.D. Tex.
    • per curiam (Davis, Smith, Dennis), criminal, sentencing
    • Remanding to district court for explanation of imposition of substance abuse testing special condition for supervised release term of sentence for four counts of stolen mail.
  • Hinton v. Harris County, 21-20550, appeal from S.D. Tex.
    • per curiam (Smith, Duncan, Oldham), sec. 1983
    • Affirming summary judgment dismissal of 14th Amendment claims arising from plaintiff’s husband’s death while being detained after he refused medical care.
  • Rivera v. Garza, 21-20605, appeal from S.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), Rule 60(b)
    • Affirming denial of motion for reconsideration of judgment dismissing claims arising from officer’s shooting of plaintiff’s dog.
  • Grizzle v. Stipe, 21-50355, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), prisoner suit
    • Affirming dismissal of prisoner’s suit arising from disciplinary proceedings.
  • U.S. v. Gallegos, 21-50814, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Gutierrez, 21-51244, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Jimenez-De Cerpas v. Garland, 21-60451, petition for review of BIA order
    • per curiam (Stewart, Duncan, Wilson), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order concluding that she was ineligible for asylum and withholding of removal.