Tag: § 1983

August 20-25, 2025, opinions

August 26, 2025

Designated for publication Wiener, J. (Wiener, Douglas, Ramirez), FDIC, jurisdiction Remanding appeal from injunction against FDIC proceedings on constitutional basis, with instructions to dismiss for lack of jurisdiction. The FDIC initiated an enforcement action against Cornelius Burgess, former CEO of Herring Bank, after investigations dating back to 2010 revealed misconduct. The case first proceeded before … More August 20-25, 2025, opinions

August 13, 2025, opinions

August 14, 2025

Designated for publication Stewart, J. (Stewart, Richman, Higginson), Higginson, J., dissenting in part; First Amendment, mootness Affirming district court’s preliminary injunction allowing plaintiffs access to park for religious ceremonies but declining to enjoin planned tree removal and cormorant rookery management measures. This appeal arose after the Texas Supreme Court answered a certified question, holding that … More August 13, 2025, opinions

August 7, 2025, opinions

August 10, 2025

Designated for publication per curiam (Elrod, Higginbotham, Smith), Clean Air Act, administrative law, Administrative Procedure Act, venue On remand from U.S. Supreme Court, original panel opinion from November 22, 2023 (Elrod, Smith, Higginbotham; Higginbotham, J., dissenting) (vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard program of the Clean Air Act), … More August 7, 2025, opinions

August 6, 2025, opinions

August 10, 2025

Designated for publication Ho, J. (King, Ho, Ramirez), CARES Act, administrative law Affirming district court’s dismissal of plaintiff’s claim for forgiveness of CARES Act paycheck protection program loan for which plaintiff had not been eligible to begin with. The Paycheck Protection Program (PPP), created by Congress under the CARES Act during the COVID-19 pandemic, provided … More August 6, 2025, opinions

August 5, 2025, opinions

August 7, 2025

Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions

August 4, 2025, opinions

August 7, 2025

Designated for publication Ho, J. (Higginbotham, Willett, Ho), election law Reversing district court judgment that Texas election law requiring an ID number on the mail-in ballot application and on the mail-in ballot violated federal law, and rendering judgment for Texas official defendants. The Fifth Circuit upheld Texas’s Election Protection and Integrity Act of 2021, which … More August 4, 2025, opinions

August 1, 2025, opinions

August 6, 2025

Designated for publication Willett, J. (Higginbotham, Willett, Ho), Ho, J., dissenting; judicial immunity, sec. 1983, appellate jurisdiction Reversing denial of judicial immunity for defendants on claims arising from prevailing over jury proceedings, and dismissing plaintiffs’ appeal from grant of judicial immunity over other sec. 1983 claims as that ruling was at the interlocutory stage. Loving … More August 1, 2025, opinions

July 24, 2025, opinions

July 25, 2025

Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), takings, trespass Affirming district court’s judgment that property owner was not entitled as part of just compensation for land taken by government for border wall the value of the portion of the wall built outside the easement previously obtained by the government. Mary Bennett owns … More July 24, 2025, opinions

July 22, 2025, opinions

July 24, 2025

Designated for publication per curiam (Stewart, Clement, Willett), criminal, sentencing Withdrawing prior opinion after petition for rehearing, and substituting new opinion affirming sentence of defendant on issue of intervening amendment to Sentencing Guidelines. Darrell Wickware, previously convicted of robbery under Texas law, was charged in 2021 with unlawful possession of a firearm as a convicted … More July 22, 2025, opinions