January 14, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Stapleton v. Lozano, 24-40155, appeal from S.D. Tex.
    • Ramirez, J. (Richman, Graves, Ramirez), qualified immunity
    • Reversing denial of motion to dismiss on qualified immunity grounds, on plaintiffs’ deliberate indifference claims arising from death of detainee from combined drug toxicity after he reported to the detaining officers that he did not feel well.
    • The Court held, “An officer’s failure to immediately recognize ambiguous symptoms as a medical emergency does not amount to deliberate indifference, although it might constitute negligence.”
  • Santos-Zacaria v. Garland, 19-60355, petition for review of BIA order
    • Richman, J. (Clement, Richman, Higginson), immigration
    • On remand from U.S. Supreme Court, granting in part Guatemalan citizen’s petition to review BIA order denying withholding of removal, finding that the BIA erred in engaging in impermissible factfinding on the question of whether the petitioner’s showing of future persecution was rebutted and that the BIA failed to address the petitioner’s pattern-or-practice claim; and denying petition with regard to BIA’s dismissal of claim for protection under the CAT.

Unpublished

  • U.S. v. Owens, 24-10466, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Higginson), criminal
    • Affirming revocation of supervised release.
  • U.S. v. Bright, 24-10484, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Julapalli v. Boom, 24-20276, appeal from S.D. Tex.
    • Higginson, J. (Haynes, Higginson, Douglas), Haynes, J., concurring in judgment only; COVID-19
    • Affirming dismissal of doctor’s complaint rising from denial of his request for religious exemption from COVID-19 vaccination requirement by hospital where he held clinical privileges.
  • U.S. v. Gayfield, 24-30488, c/w 24-30491, appeal from W.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Affirming conviction of possession of a firearm by a felon and revocation of supervised release.
  • U.S. v. Hernandez-Prado, 24-40097, appeal from S.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal, sentencing
    • Vacating sentence in part, on plain error in assessment of criminal history points, and remanding for resentencing.
  • U.S. v. Gonzalez, 24-40297, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Campbell, 24-40470, appeal from E.D. Tex.
    • per curiam (Richman, Douglas, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Bonilla-Cabral, 24-50437, c/w 24-50440, appeal from W.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Siegert, 23-50907, appeal from W.D. Tex.
    • per curiam (Jones, Oldham, Hendrix, by designation), criminal, search and seizure
    • Affirming conviction of possession with intent to distribute at least 50 grams of methamphetamine and possession of a firearm by a convicted felon.