Month: August 2023

August 29, 2023, opinions

August 30, 2023

Designated for publication per curiam (Richman, Jones, Smith, Stewart, Elrod, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas), legislative privilege, appellate jurisdiction, standing Vacating August 25, 2023 panel opinion (which had been substituted for withdrawn MAy 10, 2023 panel opinion), and ordering en banc rehearing of district court’s order that Mississippi legislators must provide a … More August 29, 2023, opinions

August 28, 2023, opinions

August 29, 2023

Designated for publication Willett, J. (Graves, Willett, Engelhardt), Graves, J., dissenting in part; Americans with Disabilities Act, due process Although disagreeing with the district court that an administrative exhaustion requirement applied to mother’s ADA and due process claims after her special needs child was tased by a school resource officer while child was physically struggling … More August 28, 2023, opinions

August 25, 2023, opinions

August 28, 2023

Designated for publication Ho, J. (Jones, Ho, Wilson), administrative law, standing Granting petition for review of NRC order, and vacating license for temporary storage for spent nuclear fuel, holding that the NRC does not have authority under the Atomic Energy Act to license temporary nuclear waste storage facilities. The Court first held that the petitioners … More August 25, 2023, opinions

August 24, 2023, opinions

August 25, 2023

Designated for publication Haynes, J. (Haynes, Engelhardt, deGravelles, by designation), § 1983, sovereign immunity, Ex parte Young Vacating judgment after bench trial in favor of plaintiff on his due process claim arising from Texas state officials’ notification of him that he would have to register as a sex offender under Texas law, and remanding with … More August 24, 2023, opinions

August 23, 2023, opinions

August 24, 2023

Designated for publication per curiam (Richman, Jones, Stewart, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Douglas, JJ., voting against rehearing; Smith, Elrod, Ho, JJ., voting for rehearing); Ho, J., dissenting from denial of rehearing en banc (joined by Smith, J.); § 1983 Denying rehearing en banc of panel opinion that affirmed dismissal of § 1983 … More August 23, 2023, opinions

August 22, 2023, opinions

August 23, 2023

Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), toxic tort, jurisdiction, timeliness Affirming denial of remand on the basis of improper joinder of nondiverse defendants; but reversing dismissal of wrongful death claim and vacating denial of leave to amend for fear of cancer claims, arising from defendants’ facility’s emissions of toxic levels of ehtylene oxide. … More August 22, 2023, opinions

August 21, 2023, opinions

August 22, 2023

Designated for publication Higginson, J. (Wiener, Higginson, Wilson), qualified immunity Reversing denial of qualified immunity motion to dismiss, and rendering judgment in favor of wildlife officer defendants on § 1983 claims arising from arrests related to hunting activities and to alleged forgeries in transfers of a jet ski and a pickup truck. The Court held … More August 21, 2023, opinions

August 18, 2023, opinions

August 21, 2023

Designated for publication Willett, J. (joined by Richman, Higginbotham, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Ho, Duncan, Engelhardt, Wilson, Douglas, JJ.), Ho, J., concurring, Jones, J., concurring in judgment only (joined by Smith, Oldham, JJ.); Title VII, employment discrimination Reversing 12(b)(6) dismissal of female correctional officers’ Title VII disparate treatment claim against county for policy … More August 18, 2023, opinions

August 17, 2023, opinions

August 18, 2023

Designated for publication Jones, J. (Higginbotham, Jones, Oldham), Oldham, J., dissenting; habeas corpus, prosecutorial misconduct, ineffective assistance of counsel Reversing in part and affirming in part denial of § 2255 petition; reversing district court’s application of procedural bar to claim of breach of plea agreement by Assistant U.S. Attorneys, but affirming disposition of IAC claim. … More August 17, 2023, opinions

August 16, 2023, opinions

August 17, 2023

Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions