July 15, 2022, opinions

Designated for publication

  • Williams v. City of Yazoo, 20-61061, appeal from S.D. Miss.
    • Costa, J. (Clement, Graves, Costa), qualified immunity
    • Affirming denial of qualified immunity as to individual officers in case arising from detainee’s death from internal bleeding while in county jail after being assaulted with a metal pipe and after jailers repeatedly ignored his requests for help; dismissing city’s appeal of denial of motion to dismiss Monell claim for lack of appellate jurisdiction; and remanding for further proceedings.
    • The Court first held that it lacked appellate jurisdiction over the city’s appeal of the denial of its motion dismiss, as it was not eligible for qualified immunity, which was the only issue as to which the Court had interlocutory-appeal jurisdiction.
    • The Court found that there was genuine issue of material fact that the officers were aware of the risks of internal bleeding to the detainee, as they had been informed by his family members and had witnessed the effects of his condition. “If these allegations are proven, this is not a close case: Williams’s diagnosis, symptoms, and requests for help notified Dean and Banks of a significant risk that he was bleeding internally. … Here, … the officers’ knowledge of risk was based on much more than just symptoms: They also knew that Williams had a life-threatening condition and had suffered trauma of the type that would trigger that condition. Those additional factors distinguish this case from the symptoms-only scenarios in Roberts and Cheney.”
    • The Court also found that there was a genuine issue of material fact that the officers’ response was unreasonable. “Despite knowing of Williams’s injury and condition, they ignored his requests for help. In fact, they did not do anything to make sure that he was okay. They did not question him about his medical condition, move him to an observational cell, summon medical assistance, or even check on him in the hours following his arrest. Ignoring Williams’s requests for help and refusing to treat him were unreasonable responses to the known risk to his life.”
    • The Court held that the officer defendants’ knowledge of Williams’s clotting condition meant that the unlawfulness of their conduct was clearly established.

Unpublished

  • Benitez-Pinot v. Garland, 20-60906, petition for review of BIA order
    • per curiam (Jolly, Elrod, Haynes), immigration
    • Denying Honduran citizen’s petition for review of BIA decision dismissing his appeal from the Immigration Judge’s (IJ) denial of his motion to reopen proceedings and to rescind the order of removal entered against him in absentia.”
  • U.S. v. Williams, 21-20528, on application for COA from S.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), habeas corpus
    • Granting Anders motion to withdraw, and dismissing application for COA from denial of § 2255 petition.
  • Progressive Paloverde Insurance Co. v. BJ Trucking Earthmover, L.L.C., 21-30379, appeal from E.D. La.
    • Wiener, J. (Smith, Wiener, Southwick), personal tort, insurance
    • Affirming trial court’s judgments that truck driver was solely at fault for collision with train, such that claims against Amtrak and rail owner were properly dismissed, that truck driver was an independent contractor rather than an employee of aggregate company, and that non-trucking exclusion to truck driver’s insurance policy applied to bar recovery against insurer.
  • U.S. v. Etienne, 21-30559, appeal from W.D. La.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Affirming conviction and 65-month sentence for possession of a firearm by a convicted felon.
  • U.S. v. Hernandez-Escorcia, 21-40839, c/w 21-40844, appeal from S.D. Tex.
    • per curiam (Davis, Smith, Dennis), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Harkey v. NextGen Healthcare, Inc., 21-50132, appeal from W.D. Tex.
    • per curiam (Elrod, Southwick, Costa), Americans with Disabilities Act
    • Affirming dismissal of plaintiff’s ADA claims, holding that she was not fired because of her sleepwalking but because of conduct engaged in while she was sleepwalking.
  • U.S. v. Carrasco-Lujan, 21-50740, c/w 21-50750, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, sentencing
    • Granting summary affirmance of sentence for illegal reentry and for revocation of supervised release.
  • U.S. v. Duran-Saavedra, 21-51135, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Granting summary affirmance of 24-month sentence for illegal reentry.
  • Ouedraogo v. Garland, 21-60028, petition for review of BIA order
    • per curiam (Smith, Stewart, Graves), immigration
    • Dismissing in part and denying in part Burkina Faso citizen’s petition for review of BIA order dismissing his appeal from the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture.
  • Gonzalez v. Garland, 21-60371, petition for review of BIA order
    • per curiam (Barksdale, Costa, Engelhardt), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order dismissing his appeal from an immigration judge’s (IJ) finding him removable, 8 U.S.C. § 1227(a)(2)(C), and denying cancellation of removal.
  • Siddick v. Garland, 21-60389, petition for review of BIA order
    • per curiam (Smith, Dennis, Southwick), immigration
    • Denying Bangladeshi citizen’s petition for review of BIA order dismissing his appeal from the Immigration Judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the CAT.
  • Cruz-Alfaro v. Garland, 21-60497, petition for review of BIA order
    • per curiam (Higginbotham, Higginson, Engelhardt), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order dismissing her appeal from a IJ decision concluding that she was ineligible for asylum, withholding of removal, and relief under the Convention Against Torture.