November 2, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Reitz v. Woods, 21-11100, appeal from N.D. Tex.
    • Elrod, J. (Stewart, Elrod, Graves), qualified immunity, expert testimony, First Amendment
    • Affirming in part and reversing in part qualified immunity dismissal of plaintiff’s claims arising from arrest for making a false report of a hostage situation.
    • The Court first held that the district court did not abuse its discretion in excluding the expert affidavits of expert who merely repackaged the plaintiff’s testimony and included legal analysis regarding probable cause, as invading the province of the court.
    • The Court then affirmed the dismissal of the plaintiff’s First Amendment retaliation claim and the qualified immunity dismissal of his Fourth Amendment claims alleging the confection of a false affidavit and the failure to confirm the evidence in an arrest warrant; but reversed the qualified immunity dismissal of the plaintiff’s unreasonable detention claim.

Unpublished

  • Campbell v. Garland, 22-11067, appeal from N.D. Tex.
    • per curiam (Jones, Stewart, Duncan), Title VII, employment discrimination
    • Affirming dismissal of hostile work environment claims.
  • Mitchell v. Goings, 22-30759, appeal from E.D. La.
    • per curiam (Barksdale, Southwick, Graves), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s sec. 1983 claims.
  • U.S. v. Elizondo-Martinez, 23-10013, c/w 23-10015, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gil, 23-10190, appeal from N.D. Tex.
    • per curiam (Haynes, Graves, Higginson), criminal, sentencing
    • Affirming 53-month sentence on conviction of illegal reentry.
  • U.S. v. Loredo, 23-10490, appeal from N.D. Tex.
    • per curiam (King, Graves, Haynes), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Delafuente, 23-10646, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Williams v. Collier, 23-20319, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Wilson), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s sec. 1983 suit.
  • Vo v. Entergy Co., 23-30615, appeal from M.D. La.
    • per curiam (Clement, Elrod, Ho), personal tort, jurisdiction
    • Affirming dismissal of property damage claims for failure to establish federal question jurisdiction.
  • Eller v. Cole, 23-50018, appeal from W.D. Tex.
    • per curiam (Barksdale, Southwick, Graves), prisoner suit
    • Affirming dismissal of Texas state prisoner’s sec. 1983 claim.
  • U.S. v. Ornelas, 23-50412, appeal from W.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.