January 31, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Crittindon v. LeBlanc, 20-30304, appeal from M.D. La.
    • per curiam (Higginbotham, Oldham, by quorum), qualified immunity
    • Denying en banc rehearing on panel decision (Higginbotham, Costa, Oldham) that had (over Judge Oldham’s dissent) affirmed in part and reversed in part denial of qualified immunity for state Department of Public Safety & Corrections officials on claims they ignored the administrative failure of local jails used to house convicted state prisoners that was causing those prisoners to remain jailed after they had served out their sentences.
    • The en banc poll was unsuccessful on a 7-9 vote (voting for rehearing were Judges Jones, Smith, Ho, Duncan, Engelhardt, Oldham, and Wilson; voting against rehearing were Judges Richman, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, and Douglas).

Unpublished

  • Hernandez v. Garland, 20-60706, on petition for review of BIA order
    • per curiam (Smith, Southwick, Douglas), immigration
    • Dismissing Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of cancellation of removal.
  • U.S. v. Landry, 21-30329, appeal from E.D. La.
    • per curiam (Elrod, Haynes, Willett), criminal, sentencing
    • Vacating 151-month sentence on conviction of conspiring to distribute and to possess with intent to distribute cocaine base and using a communication facility in the commission of a conspiracy, and remanding for resentencing.
  • Blank v. U.S., 22-10120, appeal from N.D. Tex.
    • per curiam (Barksdale, Elrod, Haynes), Federal Tort Claims Act, prisoner suit
    • Affirming dismissal of former federal prisoner’s FTCA claims.
  • U.S. v. Smith, 22-10704, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Curry v. Valentin, 22-20450, appeal from S.D. Tex.
    • per curiam (Davis, Smith, Douglas), personal tort
    • Affirming dismissal of car-wreck suit as time-barred.
  • Okwo v. Houston Methodist The Woodlands, 22-20457, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), employment, Title VII, Fair Credit Reporting Act
    • Affirming dismissal of plaintiff’s claims arising from rescinded offer of employment after criminal background check.
  • Pruitt v. Biden, 22-40625, appeal from E.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), § 1983, standing
    • Affirming dismissal for lack of standing of plaintiff’s claims that the federal government’s reentry into the Paris Agreement violated the U.S. Constitution.
  • U.S. v. Morquecho-Sanchez, 22-50631, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.