January 10, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Bagley v. Guillen, 22-20644, appeal from S.D. Tex.
    • Ho, J. (Graves, Higginson, Ho), qualified immunity
    • Dismissing for lack of appellate jurisdiction appeal from denial of qualified immunity summary judgment in excessive force claim.
    • As Judge Ho summarized the opinion: “Two established principles of law govern this qualified immunity appeal. First, it may be objectively reasonable under certain circumstances for police officers to use physical force when a person refuses to comply with an officer’s lawful commands—but not after that person has begun to comply. Second, to the extent that any material fact dispute remains after viewing the facts in light of the available video evidence, the court should deny summary judgment on grounds of qualified immunity. These principles require us to permit the excessive force claim presented in this case to proceed. At a minimum, the video evidence permits a jury to infer that the officer used force after Plaintiff had already begun to comply. If anything, the video suggests a possible fact dispute as to whether he was ever non-compliant to begin with.”

Unpublished

  • U.S. v. James, 22-30734, appeal from M.D. La.
    • per curiam (Jones, Haynes, Douglas), criminal, guilty plea, ineffective assistance of counsel
    • Affirming denial of motion to withdraw guilty plea to drug-trafficking and firearms offenses based on ineffectiveness of counsel claims.
  • U.S. v. Fraga, 23-40248, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Vacating in part sentence on revocation of supervised release, and remanding for resentencing.
  • Viera v. Hudman, 23-40325, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Douglas), election law
    • Affirming dismissal for lack of subject-matter jurisdiction plaintiffs’ claims that county election officials violated the U.S. Constitution by certifying the results of the 2020 election conducted on allegedly uncertified voting machines.
  • U.S. v. Handlon, 23-50386, appeal from W.D. Tex.
    • per curiam (Barksdale, Engelhardt, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Singh v. Garland, 23-60239, petition for review of BIA order
    • per curiam (Willett, Duncan, Wilson), immigration
    • Denying Indian citizen’s petition for review of BIA order dismissing his appeal from the Immigration Judge’s (IJ) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture.