Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
Designated for publication per curiam (Richman, Jones, Stewart, Elrod, Southwick, Haynes, Graves, Willett, Engelhardt, Wilson voting against rehearing en banc; Smith, Higginson, Ho, Duncan, Oldham, Douglas voting for rehearing en banc); Ho, J., dissenting from denial of rehearing; First Amendment, qualified immunity Denying rehearing of July 29, 2022, decision (Englehardt, J., joined by Barksdale, J.; … More February 22, 2023, opinion
Designated for publication per curiam; Elrod, J., concurring in denial of en banc rehearing (joined by Willett, Duncan, Wilson); Ho, J., dissenting from denial of rehearing en banc; criminal, First Amendment Denying en banc rehearing from August 23, 2022, panel opinion that vacated convictions for bribery concerning a local government receiving federal benefits and conspiracy … More February 17, 2023, opinions
Designated for publication King, J. (King, Graves, Ho), insurance Reversing district court’s judgment that Texas’s Emergency Care Statutes’ provision that medical insurers must reimburse out-of-network emergency care providers at their “usual and customary rate” creates a private right of action. After the Texas Supreme Court, on a certified question, held that the statutes do not … More February 16, 2023, opinions
Designated for publication Jones, J. (Jones, Southwick, Oldham), § 1983, qualified immunity Affirming dismissal of claims arising from conviction and thirty years of incarceration for capital murder and subsequent release of original plaintiff upon determination that someone else committed the murder. District court dismissed claims under 12(b)(6) against the DA and former coroner upon finding … More February 15, 2023, opinions
Designated for publication Ho, J. (Graves, Ho, Duncan), qualified immunity Reversing denial of qualified immunity to Secretary of Louisiana Department of Public Safety and Corrections on claims arising from the detention of inmates past the end of their sentences. The Court held that, while the detention of inmates past the end of their sentences violates … More February 14, 2023, opinions
Designated for publication per curiam (Graves, Ho, Duncan), Duncan, J., concurring in judgment (joined by Ho, J.); criminal, supervised release After guilty plea to conviction of illegal reentry, with 27-month sentence, Court vacated supervised release condition that defendant self-deport if, after release from confinement, immigration officials decline to take custody of him and deport him. … More February 13, 2023, opinions
Designated for publication Smith, J. (Jones, Smith, Graves), sec. 1983 Affirming summary judgment dismissal of plaintiff’s sec. 1983 deliberate indifference and state-law tort claims arising from the prison suicide of the father of her children. Unpublished per curiam (Graves, Ho, Duncan), foreclosure Affirming dismissal of claims arising from mortgage foreclosure. per curiam (Stewart, Dennis, Southwick), … More February 10, 2023, opinions
Unpublished per curiam (Smith, Clement, Wilson), criminal, search and seizure Affirming conviction of possession with intent to distribute 5F-AMB (synthetic marijuana), upholding district court’s denial of motion to suppress. per curiam (King, Higginson, Willett), criminal Affirming conviction for illegal reentry. per curiam (Higginbotham, Graves, Ho), immigration Dismissing as moot Honduran citizen’s petition for review of … More February 9, 2023, opinions
Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, vagueness, timeliness, jurisdiction, Miranda rights Reversing judgment suppressing defendants’ statements made during an interview and dismissing counts against defendants arising from international bribery scheme, and remanding for further proceedings. The Court reversed the district court’s judgment that it lacked subject-matter jurisdiction under the Foreign Corrupt Practices … More February 8, 2023, opinions
