Designated for publication
- Daves v. Dallas County, Texas, 18-11368, appeal from N.D. Tex.
- Jones, J. (joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Wilson, JJ.; by Richman, C.J., and Southwick, J., as to mootness analysis only; and by Ho, J., as to abstention analysis only); Richman, C.J., concurring in judgment; Southwick, J., concurring in judgment; Higginson, J., dissenting in part (joined by Stewart, Dennis, Haynes, JJ.), from majority’s abstention analysis, and would affirm on basis of mootness; Graves, J., dissenting; Younger abstention, mootness
- On second round of en banc review, remanding with instructions to dismiss on bases that district court should have abstained from exercising jurisdiction under Younger v. Harris (overruling the ODonnell v. Harris Cnty., 892 F.3d 147 (5th Cir. 2018), decision to the contrary), which would “require[] federal courts to abstain from revising state bail bond procedures on behalf of those criminally prosecuted, when state procedures allow the accused adequate opportunities to raise their federal claims”; and that intervening state law had mooted the district court’s preliminary injunctive relief to reform misdemeanor bail bond procedures.
- Chief Judge Richman concurred in the judgment, agreeing with the majority’s mootness analysis and would not have reached the abstention question. “I cannot say, categorically, that Younger abstention will always be required when a defendant brings federal claims challenging bail bond procedures. If there is no adequate avenue under state law to challenge bail procedures or pre-trial detentions on federal grounds, then the Younger abstention doctrine would, in all likelihood, be inapplicable.
- Judge Southwick concurred in the judgment, differing as to abstention but joining as to mootness.
- Judge Higginson dissented in part and concurred in part, to dissent from the abstention analysis. “It is notable that the majority’s discussion of Younger spans more than four times the length of its discussion of mootness. There is no plausible suggestion the court is motivated by judicial economy. Instead, I fear, our court today uses Sinochem as a device to expansively critique Supreme Court, prior Fifth Circuit, and sister circuit case law.”
- Judge Graves dissented. He would find the case is not moot, as evidence in the record showed that the challenged bail practices continued after the new state law was enacted.
- Reagan National Advertising of Austin, Inc. v. Lamar Advantage Outdoor Co., L.P., 19-50354, appeal from W.D. Tex.
- Southwick, J. (Elrod, Southwick, Haynes), Elrod, J., dissenting in part; First Amendment
- On remand from the Supreme Court, affirming district court’s judgment upholding city’s Sign Code that applied an on-premises/off-premises distinction to approval or rejection of digitized billboards, holding the Code restriction was content-neutral.
- Judge Elrod dissented in part, as she would hold that the Sign Code does not satisfy intermediate scrutiny.
- Nkenglefac v. Garland, 19-60647, petition for review of BIA order
- Higginson, J. (Higginson, Willett, Ho), immigration, attorneys’ fees
- Awarding $56,169.79 in attorneys’ fees under Equal Access to Justice Act, after having granted petition for review of BIA order dismissing appeal from IJ’s denial of application for relief from removal.
- U.S. v. Lott, 20-10424, c/w U.S. v. Diggs, 20-10583, appeal from N.D. Tex.
- Jones, J. (Higginbotham, Jones, Oldham), habeas corpus
- Affirming dismissal for lack of jurisdiction the petitioners’ successive § 2255 motions.
- Rogers v. Jarrett, 21-20200, appeal from S.D. Tex.
- Willett, J. (Richman, Wiener, Willett), Willett, J., concurring; qualified immunity
- Affirming summary judgment for prison defendants on basis of qualified immunity from inmate’s claims arising from failure to provide prompt medical attention to injury he suffered while working prison job.
- Judge Willett concurred in his own majority opinion, noting that the affirmance was compelled by circuit precedent, but to “highlight newly published scholarship that paints the qualified-immunity doctrine as flawed–foundationally–from its inception.”
- McClelland v. Katy Independent School District, 21-20625, appeal from S.D. Tex.
- Wiener, J. (Wiener, Higginson, Wilson), § 1983, qualified immunity, sovereign immunity, vagueness, due process
- Affirming district court’s dismissal of plaintiff’s § 1983 claims on qualified and sovereign immunity grounds, overbreadth and void-for-vagueness claims, and substantive and procedural due process claims arising from suspension of student athlete after he sent incendiary social media message to a student at another school.
- Clark v. Louisiana, 21-30709, appeal from M.D. La.
- per curiam (Richman, Ho, Engelhardt), Americans with Disabilities Act
- Affirming summary judgment dismissal of ADA and Rehabilitation Act claims arising from plaintiff being asked to fill out a medical form as part of driver’s license renewal based on her using a wheelchair when she went to the OMV.
- Shemwell v. City of McKinney, 21-40798, appeal from E.D. Tex.
- per curiam (Richman, Elrod, Oldham), § 1983, Voting Rights Act, mootness
- Affirming dismissal as moot of plaintiff’s § 1983 and Voting Rights Claims arising from recall from city council position.
- U.S. v. McMaryion, 21-50450, appeal from W.D. Tex.
- Oldham, J. (Higginbotham, Jones, Oldham), Higginbotham, J., dissenting; criminal, compassionate release
- Affirming denial of motion for compassionate release.
- Judge Higginbotham dissented, and would hold that the district court failed to sufficiently explain its reasoning, which would require vacatur and remand without reaching the merits of the appeal.
- U.S. v. Huerta-Rodriguez, 21-50875, appeal from W.D. Tex.
- Willett, J. (Stewart, Willett, Oldham), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- U.S. v. Roper, 21-51208, appeal from W.D. Tex.
- per curiam (Higginbotham, Jones, Oldham), criminal, search and seizure
- Affirming conviction of possession of a firearm by a felon, and upholding denial of motion to suppress.
- Tesla, Inc. v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, 21-60285, petition for review of National Labor Relation Board
- per curiam (Dennis, Southwick, Wilson), labor law
- Denying petitions for review of NLRB order finding that Tesla CEO Elon Musk posted an unlawful threat on Twitter, that employee was unlawfully terminated, that Tesla did not unlawfully solicit and promise to remedy grievances regarding employees’ safety petition, and determining to not order a public notice-reading remedy; and granting cross-petition by NLRB to enforce its order.
- Bernstein v. Maximus Federal Services, Inc., 22-10254, appeal from N.D. Tex.
- per curiam (Stewart, Dennis, Southwick), employment discrimination, timeliness
- Vacating district court’s dismissal of plaintiff’s employment discrimination claim as untimely, where it was filed 141 days after EEOC’s first right-to-sue letter was sent only to plaintiff’s attorney and not to plaintiff and 89 days after EEOC issued second right-to-sue letter directly to plaintiff that informed him that his time to sue would run from the second letter; and remanding to district court for consideration of equitable tolling.
Unpublished
- Funches v. Mississippi Development Authority, 19-60651, appeal from S.D. Miss.
- per curiam (Davis, Duncan, Engelhardt), res judicata, employment discrimination
- Affirming dismissal of employment discrimination claims on res judicata grounds.
- Lanotte v. Highland Capital Management Fund Advisors, L.P., 20-10649, appeal from N.D. Tex.
- Dennis, J. (Wiener, Dennis, Duncan), securities law
- Affirming dismissal of shareholder derivative suit on finding that majority of independent trustees constituting a quorum voted to reject plaintiff’s demand after a reasonable and good faith investigation.
- Lopez-Aguilar v. Garland, 20-60974, petition for review of BIA order
- per curiam (Richman, Elrod, Oldham), immigration
- Denying Honduran citizen’s petition for review of BIA order upholding IJ’s denial of applications for asylum, withholding of removal, and protection under the CAT.
- Coleman v. Kijakazi, 21-10399, appeal from N.D. Tex.
- per curiam (Richman, Southwick, Wilson), employment discrimination, Title VII, Age Discrimination in Employment Act
- Affirming dismissal of employment discrimination claims.
- U.S. v. Delacruz, 21-20634, appeal from S.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal, sentencing
- Affirming 720-month sentence and conditions of supervised release upon conviction of possessing, producing, and distributing child pornography.
- Davis v. Gentry, 21-40186, appeal from S.D. Tex.
- per curiam (Elrod, Haynes, Willett), qualified immunity
- Reversing denial of qualified immunity summary judgment on Eighth Amendment claims, and remanding.
- Mandawala v. Struga Management, 21-50644, appeal from W.D. Tex.
- per curiam (Jones, Smith, Graves), fair housing
- Affirming bench trial ruling in favor of defendant on plaintiff’s fair housing claims against former apartment management company.
- U.S. v. Spindola, 21-51008, appeal from W.D. Tex.
- per curiam (Richman, Stewart, Willett), criminal, sentencing
- Affirming 97-month sentence on conviction of aiding and abetting possession with intent to distribute 100-1,000 kilograms of marijuana.
- U.S. v. Hernandez-Adame, 21-51171, appeal from W.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal
- Affirming convictions on two counts of illegal reentry.
- U.S. v. Ross, 21-51249, appeal from W.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal, sentencing
- Affirming sentence on conviction of being a felon in possession of a firearm.
- Pie Development, L.L.C. v. Pie Insurance Holdings, Inc., 21-60593, appeal from S.D. Miss.
- per curiam (Richman, Elrod, Oldham), trade secrets
- Affirming dismissal of misappropriation of trade secrets, tortious interference, unjust enrichment, and civil conspiracy claims.
- Niang v. Garland, 21-60737, petition for review of BIA order
- per curiam (Jones, Haynes, Oldham), immigration
- Dismissing Senagalese citizen’s petition for review of BIA order affirming denial of application for cancellation of removal and denying motion to reconsider.
- Chhun v. Garland, 21-60763, petition for review of BIA order
- per curiam (Richman, Stewart, Willett), immigration
- Denying in part and dismissing in part Cambodian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of asylum, withholding of removal, and protection under the CAT.
- Shaffer v. PriorityOne Bank, 21-60802, appeal from S.D. Miss.
- per curiam (Davis, Elrod, Haynes), arbitration
- Affirming district court’s denial of motion to vacate arbitral award.
- U.S. v. Rodriguez, 22-10263, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Brewer, 22-10344, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal, sentencing
- Affirming 135-month sentence on conviction of conspiracy to possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine.
- U.S. v. Sparks, 22-10347, appeal from N.D. Tex.
- per curiam (Davis, Duncan, Engelhardt), criminal, search and seizure
- Affirming conviction of being a felon in possession of a firearm, and upholding denial of motion to suppress.
- U.S. v. Wesley, 22-10498, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal, sentencing
- Affirming 105-month sentence on conviction of possession of a stolen firearm.
- Atkins v. Propst, 22-10609, appeal from N.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), prisoner suit
- Affirming dismissal of Texas state prisoner’s complaint.
- U.S. v. Moreno, 22-10713, appeal from N.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. De La Cerda, 22-10754, appeal from N.D. Tex.
- per curiam (Jones, Stewart, Haynes), criminal, sentencing
- Affirming sentence on conviction of illegal reentry.
- Henderson v. IberiaBank, 22-10773, appeal from N.D. Tex.
- per curiam (King, Higginson, Willett), foreclosure
- Affirming dismissal of claims arising from foreclosure proceedings.
- U.S. v. Dupree, 22-10780, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Delgado-Perez, 22-10801, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- Feather-Gorbey v. U.S., 22-10802, appeal from N.D. Tex.
- per curiam (Haynes, Engelhardt, Oldham), Bivens claim
- Dismissing as untimely plaintiff’s appeal from dismissal of Bivens claim.
- U.S. v. Rivera-Lares, 22-10878, appeal from N.D. Tex.
- per curiam (King, Higginson, Willett), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Osorio, 22-10940, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Durst, 22-10945, appeal from N.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Medina, 22-11004, appeal from N.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Gonzalez, 22-11012, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Bynum v. Ingram Barge Co., 22-20372, appeal from S.D. Tex.
- per curiam (Jones, Haynes, Oldham), maritime law
- Affirming dismissal of salvage action as time-barred under 46 U.S.C. § 80107.
- U.S. v. Harris, 22-30135, appeal from E.D. La.
- per curiam (King, Southwick, Willett), criminal, sentencing
- Affirming 262-month sentence on conviction of conspiring to possess with the intent to distribute methamphetamine and distributing methamphetamine and cocaine base.
- Aucoin v. Madison Correctional Center, 22-30254, appeal from W.D. La.
- per curiam (Jones, Haynes, Oldham), § 1983
- Dismissing appeal from non-final judgment for lack of appellate jurisdiction.
- U.S. v. Bernard, 22-30278, c/w 22-30279, appeal from W.D. La.
- per curiam (Jones, Haynes, Oldham), criminal, sentencing, search and seizure
- Affirming conviction and 262-month sentence on possession of a firearm in furtherance of drug trafficking, and upholding denial of motion to suppress.
- Ton v. Ton, 22-30378, appeal from E.D. La.
- per curiam (Wiener, Stewart, Engelhardt), bankruptcy
- Affirming district court’s judgment affirming bankruptcy court’s partition judgment.
- U.S. v. Martinez-Villela, 22-40086, appeal from S.D. Tex.
- per curiam (King, Higginson, Willett), criminal, Fifth Amendment, Sixth Amendment
- Affirming conviction and 120-month sentence on 18 counts related to various alien smuggling crimes, rejecting defendant’s arguments that his Fifth and Sixth Amendment rights were violated when the indictment was not dismissed upon the Government’s deportation of two potential witnesses.
- Trevino v. Gutierrez, 22-40229, appeal from S.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), § 1983
- Affirming dismissal of plaintiff’s claims of conspiracy to deprive him of his money and property through immigration proceedings against him.
- U.S. v. Armstrong, 22-40245, appeal from E.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Williams v. McDonough, 22-40281, appeal from E.D. Tex.
- per curiam (Jones, Haynes, Oldham), § 1983, excessive force
- Affirming dismissal of excessive force claims pursuant to Heck v. Humphrey.
- U.S. v. Garcia, 22-40455, appeal from S.D. Tex.
- per curiam (Elrod, Ho, Oldham), criminal, sentencing
- Affirming sentence on conviction of illegal reentry.
- U.S. v. Valdez-Palacio, 22-40566, appeal from S.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Tamez, 22-40672, appeal from S.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Garcia-Soto, 22-40727, appeal from S.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Calhoun v. Marshall, 22-40733, appeal from E.D. Tex.
- per curiam (Clement, Southwick, Higginson), prisoner suit
- Dismissing as frivolous appeal from dismissal of Texas state prisoner’s claim.
- U.S. v. Winstead, 22-50195, appeal from W.D. Tex.
- per curiam (Jolly, Jones, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Cabello, 22-50252, appeal from W.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Limon, 22-50622, appeal from W.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal, sentencing
- Affirming 27-month sentence on conviction of conspiracy to transport illegal aliens.
- U.S. v. Avila, 22-50665, appeal from W.D. Tex.
- per curiam (Jolly, Oldham, Wilson), criminal, sentencing
- Dismissing as barred by appeal waiver appeal from 120-month sentence on guilty-plea conviction for possession of a firearm by a convicted felon.
- U.S. v. Gatewood, 22-50670, appeal from W.D. Tex.
- per curiam (Jones, Stewart, Haynes), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Perez, 22-50683, appeal from W.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal, sentencing
- Affirming 100-month sentence on conviction of possession of a firearm by a convicted felon.
- U.S. v. Rodriguez, 22-50723, appeal from W.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Hernandez, 22-50750, appeal from W.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Britt v. Walgreen Co., 22-50785, appeal from W.D. Tex.
- per curiam (Smith, Southwick, Douglas), personal tort
- Affirming judgment in favor of defendant in slip-and-fall case, based on finding of lack of constructive knowledge.
- U.S. v. Monrial, 22-50844, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Martinez-Amaya, 22-50859, appeal from W.D. Tex.
- per curiam (King, Higginson, Willett), criminal
- Affirming conviction for illegal reentry.
- U.S. v. Reyes-Carrillo, 22-50914, appeal from W.D. Tex.
- per curiam (Stewart, Dennis, Willett), criminal
- Affirming conviction for illegal reentry.
- U.S. v. Castelan-Saucedo, 22-50968, appeal from W.D. Tex.
- per curiam (Smith, Southwick, Douglas), criminal
- Affirming conviction for illegal reentry.
- Melgar-Lara v. Garland, 22-60178, petition for review of BIA order
- per curiam (Jones, Haynes, Oldham), immigration
- Denying in part and dismissing in part Honduran citizen’s petition for review of BIA order denying motion to reopen.
- U.S. v. Wade, 22-60184, appeal from N.D. Miss.
- per curiam (Graves, Ho, Duncan), criminal, sentencing, Armed Career Criminal Act
- Affirming ACCA-enhanced 96-month sentence on conviction of being a felon in possession of a firearm.
- Williams v. City of Greenwood, 22-60192, appeal from N.D. Miss.
- per curiam (Jones, Haynes, Oldham), § 1983, municipal liability
- Affirming summary judgment dismissal of plaintiff’s § 1983 claims and municipal liability claims arising from arrest.
- Humphrey v. Hall, 22-60227, appeal from S.D. Miss.
- per curiam (Higginbotham, Graves, Ho), prisoner suit
- Affirming dismissal of Mississippi state prisoner’s § 1983 claims.
- Alas-Elias v. Garland, 22-60324, petition for review of BIA order
- per curiam (Barksdale, Elrod, Haynes), immigration
- Dismissing in part and denying in part Salvadoran citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of motion to reopen and application for cancellation of removal.
- U.S. v. Coulston, 22-60429, appeal from N.D. Miss.
- per curiam (Jolly, Jones, Ho), criminal, sentencing
- Affirming 210-month sentence on conviction of distribution of child pornography.
- Cisneros-Saravia v. Garland, 22-60448, petition for review of BIA order
- per curiam (Stewart, Duncan, Wilson), immigration
- Denying Salvadoran citizens’ petition for review of BIA order dismissing their appeal and affirming IJ’s denial of asylum, withholding of removal, and protection under the CAT.
- Moore v. Jackson Public School District, 22-60471, appeal from S.D. Miss.
- per curiam (Wiener, Elrod, Engelhardt), employment discrimination
- Affirming dismissal of employment discrimination and retaliation claim.
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