Tag: § 1983

February 20, 2025, opinions

February 24, 2025

Unpublished per curiam (Higginbotham, Jones, Oldham), criminal Affirming conviction for sex trafficking through force, fraud, or coercion. per curiam (Wiener, Higginson, Ho), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Wiener, Ho, Ramirez), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 78-month … More February 20, 2025, opinions

February 10, 2025, opinions

February 12, 2025

Designated for publication Wilson, J. (Elrod, Oldham, Wilson), First Amendment, standing Vacating district court’s order denying legislative privilege to defendant Parish councilmembers whose Resolution to terminate library board members for erecting Pride Month displays at libraries had been challenged by three of those members as viewpoint discrimination, holding that the plaintiffs did not have standing … More February 10, 2025, opinions

February 5, 2025, opinions

February 12, 2025

Unpublished per curiam (Higginbotham, Willett, Ho), breach of contract Affirming summary judgment for defendant helicopter manufacturer on breach of contract, breach of implied duty, and quantum meruit claims by helicopter sales company. per curiam (Wiener, Ho, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion … More February 5, 2025, opinions

February 3-4, 2025, opinions

February 11, 2025

Designated for publication per curiam (Elrod, Dennis, Higginson), habeas corpus, Armed Career Criminal Act Vacating dismissal of § 2255 petition challenging ACCA-enhanced sentencing, on the basis that a new decision from the Texas Court of Criminal Appeals that abrogated prior Fifth Circuit precedent that Texas-law robbery by threat and aggravated robbery by threat qualified as … More February 3-4, 2025, opinions

January 10, 2025, opinions

January 13, 2025

Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions

January 6, 2025, opinions

January 7, 2025

Designated for publication Clement, J. (Smith, Clement, Higginson), breach of contract On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on … More January 6, 2025, opinions

December 16-27, 2024, opinions

December 29, 2024

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions

December 9-13, 2024, opinions

December 16, 2024

Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, opinions

December 6, 2024, opinions

December 9, 2024

Designated for publication Engelhardt, J. (Smith, Engelhardt, Ramirez), criminal, restitution Affirming $21 million restitution award imposed jointly and severally on defendant with defendant in another section of the district court in a separate criminal proceeding, on guilty plea conviction of misprison of a felony (wire fraud). Stewart, J. (Smith, Stewart, Duncan), criminal, sentencing Vacating special … More December 6, 2024, opinions

December 4, 2024, opinions

December 5, 2024

Unpublished per curiam (Graves, Willett, Wilson), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Smith, Stewart, Duncan), Americans with Disabilities Act, § 1983 Affirming dismissal of former nursing student’s ADA and § 1983 claims arising from student’s dismissal from academic program. per curiam (Haynes, Higginson, Douglas), criminal Affirming conviction for possessing … More December 4, 2024, opinions