March 22, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Garrett v. Lumpkin, 22-40754, appeal from S.D. Tex.
    • Clement, J. (Clement, Engelhardt, Oldham), prisoner suit
    • Vacating dismissal of Texas state prisoner’s Eighth Amendment claim based on chronic sleep deprivation, where prison’s schedule only allowed three and a half hours of interrupted sleep, and remanding for further proceedings.
    • The Court held that the district court applied the wrong standard when it based its holding on whether the prisoner could show that the sleep deprivation actually caused his health issues, where the standard only required a showing of substantial risk of serious harm from the complained-of conditions; and that the district court applied the wrong deliberate indifference standard when it considered the penological purpose of the complained-of condition.

Unpublished

  • Affordable Care, L.L.C. v. JNM Office Property, L.L.C., 22-60498, appeal from S.D. Miss.
    • per curiam (King, Willett, Douglas), breach of contract
    • In appeal from judgments regarding parties cross-claims of breach of a lease, affirming district court’s summary judgment in favor of defendant on claim for reimbursement of overpayment of rent, summary judgment in favor of plaintiff on declaratory relief that lease is still in effect, and denial in part of defendant’s motion for JMOL on punitive damages; vacating dismissal of defendant’s counterclaim for breach of contract; and remanding for further proceedings.
  • Hendrex v. Philadelphia Indemnity Insurance Co., 23-20220, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Engelhardt), insurance
    • Affirming judgment in favor of defendant insurer on plaintiff insured’s claims for breach of duty to defend insured in lawsuit alleging insured had wrongfully solicited clients in the breach of a subcontract.
  • U.S. v. Glover, 23-30535, appeal from W.D. La.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming 32-month sentence on conviction of possession of a firearm by a felon.
  • U.S. v. Perez, 23-50557, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Affirming 30-month sentence on conviction of conspiring to transport illegal aliens.
  • U.S. v. Reeves, 24-40013, appeal from E.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal, pretrial detention
    • Dismissing appeal of order revoking pretrial release.