Tag: § 1983

October 8, 2025, opinions

October 9, 2025

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (no oral argument), Rooker-Feldman doctrine, personal tort, defamation Vacating Rooker-Feldman-based dismissal of plaintiff attorney’s defamation claims against defendant attorneys who had represented the plaintiff’s client’s employer in underlying Title IX claims brought by plaintiff’s client arising from alleged sexual assault and harassment of university students by university’s … More October 8, 2025, opinions

October 7, 2025, opinions

October 8, 2025

Designated for publication Jones, J. (Elrod, Jones, Stewart) (oral argument), equal protection clause, First Amendment, Commerce Clause Affirming in part and reversing in part district court’s summary judgment finding city’s short-term rental regulations constitutional, and remanding for further proceedings. The Fifth Circuit reviewed New Orleans’s regulation of short-term rentals (STRs)—defined as rentals of fewer than … More October 7, 2025, opinions

October 1-2, 2025, opinions

October 3, 2025

Designated for publication per curiam (Stewart, Dennis, Haynes) (oral argument), criminal, evidence, sufficiency of evidence, sentencing Affirming conviction and 293-month sentence for drug trafficking and distribution offenses and possession of child pornography. Sean Shaughnessy appealed his conviction and sentence after a jury found him guilty of two drug-conspiracy counts, one drug-distribution count, and one count … More October 1-2, 2025, opinions

September 29, 2025, opinions

September 30, 2025

Designated for publication Richman, J. (Richman, Haynes, Graves), prisoner suit, qualified immunity Reversing denial of qualified immunity to prison official defendants on inmate’s claims that prison official defendants unlawfully confiscated his earnings from sale of leather belts at Angola Prison Rodeo and deprived him of due process. Gregory Savage, an inmate at Angola Prison, sued … More September 29, 2025, opinions

September 24-26, 2025, opinions

September 29, 2025

Unpublished decisions per curiam (Stewart, Graves, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Ho), civil Affirming dismissal of plaintiff’s pro se civil complaint, with no description of claims or appeal issue involved. per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam … More September 24-26, 2025, opinions

September 19, 2025, opinions

September 22, 2025

Designated for publication Graves, J. (Elrod, Graves, Higginson), sec. 1983, death penalty Affirming dismissal of Texas capital inmate’s sec. 1983 claim that Texas’s post-conviction relief procedures are unconstitutional, and denying motions for a stay of execution and for leave to file a successive habeas petition. Blaine Keith Milam was convicted in Texas of murdering his … More September 19, 2025, opinions

September 17, 2025, opinions

September 18, 2025

Unpublished decisions per curiam (Stewart, Graves, Oldham), criminal, sentencing Affirming sentence on revocation of supervised release. per curiam (Stewart, Graves, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Graves, Oldham), employment discrimination Affirming dismissal of plaintiff’s … More September 17, 2025, opinions

September 9, 2025, opinions

September 10, 2025

Designated for publication Ho, J. (Haynes, Ho, Oldham), criminal, restitution Affirming judgment that defendant’s service-connected payments were not exempt from garnishment to pay restitution order. The Fifth Circuit affirmed a writ of garnishment on $46,084.49 in Christopher Allen-Shinn’s USAA account to satisfy $92,500 in restitution from his child-pornography conviction, holding that 26 U.S.C. § 6334(a)(10)’s … More September 9, 2025, opinions

September 4-5, 2025, opinions

September 9, 2025

Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., dissenting; international custody, Hague Convention Granting panel rehearing, and entering new panel opinion reversing and remanding to district court with instructions to order the return of child to father in Venezuela. A Venezuelan father, Jose Leonardo Brito Guevara, sought the return of his daughter, A.F., … More September 4-5, 2025, opinions

August 26, 2025, opinions

August 27, 2025

Designated for publication Clement, J. (Stewart, Clement, Wilson), criminal, sentencing Affirming 92-month sentence on conviction of possession of a firearm by a felon. Reginald Humbles, a U.S. Army veteran with a history of psychiatric issues, was arrested after stealing a waste disposal truck in New Orleans and leading police on a high-speed chase across the … More August 26, 2025, opinions