February 13, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Whittier v. Ocwen Loan Servicing, L.L.C., 24-20217, appeal from S.D. Tex.
    • per curiam (Davis, Smith, Higginson), jurisdiction, settlement agreement, foreclosure
    • Affirming district court’s judgment that it lacked ancillary jurisdiction to enforce a settlement agreement where the parties had filed an unconditional Rule 41(a)(1)(A)(ii) stipulation of dismissal without a concurrent court order incorporating the agreement terms or expressly retaining jurisdiction over the agreement.
  • Doe v. Ferguson, 24-40231, appeal from E.D. Tex.
    • Barksdale, J. (Jones, Barksdale, Ho), Ho, J., concurring in judgment; qualified immunity
    • Vacating denial of qualified immunity dismissal to school district officials on plaintiff parents’ § 1983 supervisory-liability claims arising from school-bus driver’s sexual abuse of their children that was on video-surveillance footage possessed by the school district, and granting dismissal on those claims.
    • Judge Ho separately concurred in the judgment. “As the court today concludes, Plaintiffs did not allege sufficient facts to establish Defendants’ subjective knowledge. I concur in the judgment. But in doing so, I make two observations. First, Plaintiffs will of course be permitted to pursue discovery on their remaining claims—which the court today leaves undisturbed. Second, in the event that discovery leads to information that supports the claims dismissed today, it remains within the discretion of the district court to allow Plaintiffs to replead—and thereby hold accountable any official who could have protected these children and kept them out of the hands of a pedophile, but failed to do so.”

Unpublished

  • U.S. v. Gomez, 24-10340, appeal from N.D. Tex.
    • per curiam (Wiener, Higginson, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Griffith, 24-10820, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Sharp, 24-20229, appeal from S.D. Tex.
    • per curiam (Richman, Douglas, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Guerrero-Ortiz, 24-20252, appeal from S.D. Tex.
    • per curiam (Davis, Smith, Higginson), criminal, sentence reduction
    • Affirming district court’s denial of motion for appointment of counsel to represent the defendant on a motion for sentence reduction.
  • Funes-Caceres v. Bondi, 24-60301, petition for review of BIA order
    • per curiam (Wiener, Ho, Ramirez), immigration
    • Denying Honduran citizen’s petition for review of BIA order dismissing her appeal of the immigration judge’s (IJ’s) denial of asylum, withholding of removal, and protection under the Convention Against Torture.
  • Moran v. Bondi, 24-60325, petition for review of BIA order
    • per curiam (Richman, Douglas, Ramirez), immigration
    • Denying in part and dismissing in part Salvadoran citizen’s petition for review of BIA’s denial of his second motion to reopen.