December 21-22, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • National Liability and Fire Insurance Co. v. Riata Cattle Co., 21-40846, appeal from S.D. Tex.
    • Graves, J. (Graves, Willett, Engelhardt), insurance
    • Affirming declaratory judgment in favor of insurance company that it did not owe coverage or defense to its insured for damages incurred by insured’s employees.
  • Vardeman v. City of Houston, 22-20109, appeal from S.D. Tex.
    • Southwick, J. (Higginbotham, Southwick, Higginson), excessive force, municipal liability
    • Reversing 12(b)(6) dismissal of excessive force claims against officer who punched plaintiff in the face and stood over him, prolonging the encounter, when the plaintiff did not move his vehicle when directed in the airport pickup lane; but affirming dismissal of Monell claim against city; and remanding for further proceedings.
    • The Court held that there was a “seizure” for purposes of the Fourth Amendment claim against the officer, even if the restraint of the plaintiff by the officer hovering over him after punching him to the ground was a mere moment.
    • The Court held that the Complaint failed to allege a pattern or practice for purposes of maintaining the municipal liability claim.

Unpublished

  • U.S. v. Stevens, 20-11264, appeal from N.D. Tex.
    • per curiam (Jones, Smith, Graves), criminal, sentencing
    • Affirming 15-year sentence on conviction of being a felon in possession of a firearm.
  • Calhoun v. Stears Lending, L.L.C., 20-40269, appeal from E.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), foreclosure
    • Affirming dismissal of plaintiff’s claims arising from foreclosure.
  • Connors v. Halupis, 21-20598, appeal from S.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), prisoner suit
    • Affirming dismissal of Texas state prisoner’s deliberate indifference claim.
  • U.S. v. Tran, 21-30608, appeal from E.D. La.
    • per curiam (Graves, Willett, Engelhardt), criminal, guilty plea
    • Vacating district court’s denial of motion to withdraw guilty plea without an evidentiary hearing, and remanding for further proceedings.
  • U.S. v. Guiterrez, 21-40465, c/w 21-40466, appeal from S.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Carranza-Pineda v. Garland, 21-60906, petition for review of BIA order
    • per curiam (Wiener, Elrod, Engelhardt), immigration
    • Dismissing in part and denying in part Salvadoran citizen’s petition for review of BIA order dismissing IJ’s denial of application for asylum and withholding of removal.
  • Santibanez-Sanchez v. Garland, 21-60958, petition for review of BIA order
    • per curiam (Wiener, Elrod, Engelhardt), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order denying application of adjustment of status and cancellation of removal.
  • U.S. v. Scott, 22-10309, appeal from N.D. Tex.
    • per curiam (Jones, Stewart, Haynes), criminal, sentencing
    • Affirming supervised release conditions imposed as part of sentencing for receipt of child pornography.
  • U.S. v. Harper, 22-10467, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Thomas, 22-10477, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Brick, 22-10566, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Tran, 22-20184, appeal from S.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming 120-month sentence on conviction of wire fraud.
  • U.S. v. Cabrera, 22-20299, appeal from S.D. Tex.
    • per curiam (Davis, Smith, Dennis), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Anderson, 22-40169, appeal from E.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Medrano, 22-40406, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Avila, 22-50088, appeal from W.D. Tex.
    • per curiam (Jones, Smith, Graves), criminal
    • Affirming conviction of receipt of a firearm while under indictment.
  • Alanis v. Wells Fargo, N.A., 22-50246, appeal from W.D. Tex.
    • per curiam (Jones, Stewart, Haynes), foreclosure
    • Affirming dismissal of plaintiff’s claims.
  • U.S. v. Alvarado-Rios, 22-50247, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, sentencing
    • Affirming 57-month sentence on conviction of transporting illegal aliens.
  • Jackson v. Siegel Group, L.L.C., 22-60190, appeal from S.D. Miss.
    • per curiam (Jones, Stewart, Haynes), Fair Housing Act
    • Affirming dismissal of wrongful eviction claims.
  • Gonzalez v. Garland, 22-60304, petition for review of BIA order
    • per curiam (Smith, Dennis, Southwick), immigration
    • Denying Mexican citizen’s petition for review of BIA order denying motion to reopen.
  • Jackson v. Lyons, 22-60443, appeal from N.D. Miss.
    • per curiam (Wiener, Elrod, Engelhardt), sec. 1983
    • Affirming dismissal of plaintiff’s sec. 1983 claims arising from traffic stop as frivolous.