February 15, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Armstrong v. Ashley, 21-30210, appeal from W.D. La.
    • 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 that plaintiff failed to establish an official policy or custom of the DA’s office to support Monell claim, and that the claims against the coroner were barred by absolute immunity. District Court then dismissed claims under 12(c) against law enforcement defendants and the city of Shreveport, finding there was no plausible allegation of a policymaker or misconduct for a Monell claim against the city, and claims against law enforcement defendants did not plausibly allege any individual officer’s violation of the original plaintiff’s constitutional rights.
    • Court held that law enforcement defendants were entitled to qualified immunity because plaintiff’s “pleadings of conclusory statements, naked assertions, and threadbare recitals fail to plausibly show violations by these defendants of Ford’s clearly established constitutional rights.”
    • The Court also held that there was a lack of sufficient allegations of Monell policies or customs, noting that an allegation of nine faulty prosecutions over a 24-year period and thousands of prosecutions was insufficient.
    • The Court also held that the allegations failed to properly state a malicious prosecution claim.

Unpublished

  • Morrow v. Baker, 21-40922, appeal from E.D. Tex.
    • per curiam (Smith, Barksdale, Haynes), attorneys’ fees
    • Vacating district court’s denial of motion for attorneys’ fees on basis of untimeliness of motion, where the motions deadline was set in an oral pronouncement during a non-transcribed, unrecorded status conference.
  • U.S. v. Wilson, 22-10453, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming sentence on conviction of distribution of child pornography.
  • U.S. v. Bermudez, 22-10464, appeal from N.D. Tex.
    • per curiam (Barksdale, Elrod, Haynes), criminal, sentencing
    • Affirming 30-month sentence on conviction of possession of unregistered firearms and conspiracy to possess unregistered firearms.
  • U.S. v. Dent, 22-10738, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gloria, 22-40354, appeal from S.D. Tex.
    • per curiam (Stewart, Dennis, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Vela-Montes, 22-40567, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Calzada, 22-50090, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Affirming denial of writ of coram nobis.
  • Lira v. Edward Jones Investments, 22-50141, appeal from W.D. Tex.
    • per curiam (Richman, King, Higginson), employment discrimination, Title VII
    • Affirming summary judgment dismissal of racial discrimination claims against former employer.
  • Hennawi v. Garland, 22-60373, petition for review of BIA order
    • per curiam (Higginbotham, Graves, Ho), immigration
    • Denying in part and dismissing in part Egyptian citizen’s petition for review of BIA order affirming IJ’s order of removal and denial of protection under the CAT.