August 15, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Sauceda v. City of San Benito, 19-40904, appeal from S.D. Tex.
    • Dennis, J. (Richman, Dennis, Haynes), qualified immunity, municipal liability
    • Reversing qualified immunity summary judgment on plaintiff’s false arrest claim, but affirming summary judgment on excessive force claim and on municipal liability claim.
    • As to the false arrest claim, the Court held that the arresting officer entered the curtilage of the plaintiff’s property by forcing his way through the gate, and did so without a warrant. The Court held that no exceptions to the warrant rule applied. In particular, the Court held that the “plain view” exception did not apply when the plaintiff stood behind his closed chain-link gate in his front yard, any more than it would if he were standing in a window of his home. The Court also held that the plaintiff’s refusal to provide identification to the officer did not constitute probable cause.
    • The Court held that there was not sufficient evidence that the officer struck the plaintiff with his baton in order to create a genuine issue of material fact on the excessive force claim.
    • The Court also held that there was insufficient summary judgment evidence that the allegedly unconstitutional acts were part of a policy or pattern of conduct of the City.
  • U.S. v. Powell, 22-10544, appeal from N.D. Tex.
    • Higginbotham, J. (Higginbotham, Graves, Douglas), criminal, sentencing, Armed Career Criminal Act
    • Affirming ACCA enhancement of sentence on conviction of possession of a firearm by a felon, holding that a prior conviction for Texas robbery-by-threat is a predicate offense under the ACCA.
    • The Court held that U.S. v. Taylor, 142 S. Ct. 2015 (2022), which held that an attempted Hobbs Act robbery was not categorically a “violent felony” under the ACCA, did not require reversal of the district court’s application of the ACCA based on the defendant’s robbery-by-threat prior conviction.
    • The Court first rejected the Government’s argument that three post-Taylor opinions that applied a previous Fifth Circuit opinion upholding the ACCA enhancement based on Texas robbery-by-threat, Garrett, did not sub silentio hold that Taylor was inapplicable and did not bind the Court. Nevertheless, the Court then held that Taylor did not overrule Garrett, because ACCA cases must focus on the “specific offense.” The Court then held that attempted Hobbs Act robbery was distinct from Texas robbery-by-threat.
  • Malik v. U.S. Department of Homeland Security, 22-10772, appeal from N.D. Tex.
    • Willett, J. (Smith, Higginson, Willett), § 1983
    • Affirming summary judgment dismissal of plaintiff’s claims for declaratory and injunctive relief arising from DHS’s seizure of his phone and data after he had been flagged and diverted for secondary airport screening upon returning to the U.S. from attending to client business for his immigration law practice.
    • The Court held that the plaintiff did not have standing to seek declaratory relief as to wholly past conduct, as that was not an Article III present case or controversy. The Court held that the continuing possession of his data did not present a current harm that could be redressed by declaratory relief.
    • The Court held that DHS did not violate the plaintiff’s constitutional rights by searching his phone, such that the dismissal of the injunctive relief claims was appropriate. The Court held that there was reasonable suspicion for the search. “DHS ‘flagged’ Malik because his surname appeared in connection with an investigation involving an international arms dealer. That apparent connection gave DHS reasonable suspicion for the search, even if hindsight suggests that any actual connection was illusory.”

Unpublished

  • U.S. v. Molina, 22-10888, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • O’Donnell v. Avis Rent A Car System, L.L.C., 22-10997, appeal from N.D. Tex.
    • per curiam (Duncan, Wilson, Mazzant, by designation), insurance
    • Affirming summary judgment dismissal of claims by judgment creditor against car rental agency and insurer for claim against judgment debtor car renter.
  • Charles v. United Community Bank, Inc., 22-20552, appeal from S.D. Tex.
    • per curiam (Haynes, Engelhardt, Saldana, by designation), bankruptcy, timeliness
    • Reversing bankruptcy court’s sustaining of objections on proofs of claim, holding that the proofs of claim were timely filed.
  • McIntosh v. Goings, 22-30399, appeal from E.D. La.
    • per curiam (Jolly, Higginson, Duncan), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s excessive force claim as barred by Heck.
  • Bello v. Cooper, 22-30646, appeal from M.D. La.
    • Graves, J. (Wiener, Graves, Douglas), § 1983
    • Affirming summary judgment dismissal of plaintiff’s injunctive relief, defamation, and retaliation claims under § 1983 and state law.
  • Kozlowski v. Buck, 22-40438, appeal from S.D. Tex.
    • per curiam (Graves, Higginson, Douglas), § 1983
    • Affirming summary judgment dismissal of firefighters’ § 1983 retaliation claims related to their dismissal for harassment.
  • U.S. v. Guia-Lopez, 22-50234, appeal from W.D. Tex.
    • per curiam (Duncan, Wilson, Schroeder, by designation), criminal, evidence, due process, jury instructions
    • Affirming conviction of defendant for conspiracy to transport and transportation of illegal aliens, rejecting defendant’s allegations of constitutional violations, error in jury instructions, and deprivation of due process by admission of certain evidence.
  • U.S. v. Howard, 22-50317, appeal from W.D. Tex.
    • per curiam (Barksdale, Engelhardt, Wilson), criminal, guilty plea, sentencing
    • Affirming conviction of possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug-trafficking crime, and sentence of 147 months and $2000 in fines.
  • Quintero v. Texas, 22-50916, appeal from W.D. Tex.
    • per curiam (Duncan, Wilson, Schroeder, by designation), Title VII, employment discrimination, Pregnancy Discrimination Act
    • Affirming summary judgment dismissal of pregnancy discrimination claims.
  • U.S. v. Meyer, 23-10177, appeal from N.D. Tex.
    • per curiam (King, Graves, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Corral-Duran, 23-50273, c/w 23-50275, appeal from W.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Vurimindi v. Correa, 23-50279, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), immigration, mootness
    • Dismissing appeal as moot as both forms of relief plaintiff sought–termination of his removal proceedings and termination of his reporting requirements–had been achieved.