August 24, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Tawakkol v. Vasquez, 22-50434, appeal from W.D. Tex.
    • 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 instructions to dismiss for lack of jurisdiction due to sovereign immunity.
    • The Court held that the narrow exception to sovereign immunity under Ex parte Young was inapplicable because the plaintiff’s suit did not involve a claim that a state law violated the federal constitution, but ultimately that a federal determination of sex-offender registry status, as applied under the Texas registry law, was unconstitutional. “Accordingly, the relief issued by the district court (1) invalidated only federal law and (2) prohibited the State Defendants from enforcing a state law merely because it was consistent with that federal law. Such novel relief falls squarely outside the narrow parameters articulated by Ex parte Young and its progeny.”
  • In re Jefferson Parish, 23-30243, petition for writ of mandamus to E.D. La.
    • Elrod, J. (King, Smith, Elrod), mandamus, class action
    • Denying petition for mandamus whereby putative class plaintiffs in claims arising from noxious landfill odors sought mandamus to prevent district court from going forward with trial on the merits of parallel mass action until class-certification proceedings could conclude in the putative class action.
    • “Petitioners’ theory is not merely new; it is also wrong. Rule 23 establishes a mechanism for plaintiffs to pursue their claims as a class. It does not cause the filing of a putative class action to universally estop all separate but related actions from proceeding to the merits until the class-certification process concludes in the putative class action, after years of motions practice.”

Unpublished

  • U.S. v. Kinzy, 22-30169, appeal from E.D. La.
    • Higginson, J. (Barksdale, Southwick, Higginson), Barksdale, J., concurring in judgment only; criminal, sentencing
    • Affirming 87-month sentence on conviction of possession of a firearm by a felon, despite finding that the district court erred in determining that a prior state conviction for resisting an officer was a “crime of violence.”
  • Muslow v. Louisiana State University and Agricultural & Mechanical College, Board of Supervisors, 22-30585, appeal from E.D. La.
    • per curiam (King, Smith, Elrod), Smith, J., dissenting in part; employment discrimination
    • Reversing summary judgment dismissal of plaintiffs’ retaliation claims against employer, affirming summary judgment dismissal of gender discrimination claims, and remanding for further proceedings.
    • Judge Smith dissented in part, as he would have affirmed the summary judgment dismissal of the retaliation claims.
  • U.S. v. Ledezma-Zuniga, 22-40778, appeal from S.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Carrasco, 22-50990, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Reyes-Rodriguez, 22-51128, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Martinez v. Garland, 22-60176, petition for review of BIA order
    • per curiam (King, Higginson, Willett), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order adopting and affirming an order of an immigration judge denying his application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • U.S. v. Lucas, 22-60668, appeal from S.D. Miss.
    • per curiam (Jones, Southwick, Ho), criminal, sentencing
    • Affirming 360-month sentence on conviction of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine.
  • Reddick v. Medtronic, Inc., 23-30061, appeal from E.D. La.
    • per curiam (King, Haynes, Graves), res judicata, product liability
    • Affirming res judicata dismissal of product liability claims.
  • U.S. v. Acosta-Gonzalez, 23-40164, appeal from S.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.