November 6, 2024, opinions

Posted on by tadbartlett

Unpublished

  • Hulsey v. Bishop, 24-10014, appeal from N.D. Tex.
    • per curiam (Clement, Oldham, Wilson), prisoner suit
    • Vacating dismissal of pretrial detainee’s failure-to-protect claim, affirming dismissal of other claims arising from assault, and remanding for further proceedings.
  • Monacelli v. City of Dallas, 24-10067, appeal from N.D. Tex.
    • per curiam (Wiener, Willett, Duncan), Wiener, J., concurring; municipal liability
    • Affirming dismissal of municipal liability claims arising from tear-gassing and arrest of journalist plaintiff during George Floyd protests.
    • Judge Wiener concurred, to dispense with an additional issue briefed by the parties, whether the city council had improperly delegated policymaking authority to the police chief. He noted that it is settled law in the Fifth Circuit that the Dallas City Council is the policymaking authority at issue with regard to General Orders issued by the Dallas Police Chief.
  • Ellis v. Cargill Meat Solutions, 24-10339, appeal from N.D. Tex.
    • per curiam (Clement, Oldham, Wilson), employment discrimination, Title VII, Fair Labor Standards Act
    • Affirming dismissal of FLSA claims and claims of discrimination on the basis of race and sexual orientation.
  • Reid v. Cafe Habana Nola, L.L.C., 24-30312, appeal from E.D. La.
    • per curiam (King, Southwick, Engelhardt), arbitration
    • Affirming denial of defendant’s motion to stay dismiss or stay and compel arbitration of plaintiff’s employment discrimination claims.
  • U.S. v. Pimentel-Soto, 23-50727, appeal from W.D. Tex.
    • per curiam (Wiener, Willett, Duncan), criminal, sentencing
    • Vacating special condition of sentence requiring participation in sex offender treatment if recommended by an evaluator, on the basis that this impermissibly delegates sentencing authority, and remanding for resentencing.
  • Medina v. Garland, 23-60577, petition for review of BIA order
    • per curiam (Smith, Stewart, Duncan), immigration
    • Denying Cuban citizen’s petition for review of BIA order denying motion for reconsideration and second motion for reopening of removal proceedings.