Tag: § 1983

August 11-14, 2023, opinions

August 15, 2023

Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions

August 10, 2023, opinions

August 11, 2023

Designated for publication Douglas, J. (Wiener, Graves, Douglas), prisoner suit Vacating dismissal of Louisiana state prisoner’s § 1983 suit as frivolous, and remanding for further proceedings. The Court held that the magistrate and district court judges abused their discretion in finding as frivolous the plaintiff’s claim that his procedural due process rights were violated when … More August 10, 2023, opinions

August 8, 2023, opinions

August 9, 2023

Designated for publication per curiam (Clement, Elrod, Willett), criminal, sentencing Affirming 405-month sentence on conviction of enticement of a minor, travel with intent to engage in illicit sexual conduct, and transfer of obscene material to a minor; affirming $100 special assessment on each of three counts; but vacating $5,000 assessment under the Justice for Victims … More August 8, 2023, opinions

August 7, 2023, opinions

August 8, 2023

Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), criminal, sentencing Vacating sentence–120-month sentences on each of three counts of possession of a firearm by a felon, to run consecutively “[o]nly to the extent it produces a total aggregate of 188 months”–as impermissibly vague, and remanding for resentencing. The Court held that the district court did … More August 7, 2023, opinions

August 2, 2023, opinions

August 3, 2023

Designated for publication Jones, J. (Jones, Southwick, Ho), Southwick, J., dissenting; Federal Power Act, administrative law Reversing FERC orders implementing cost allocation scheme for electrical grid improvements in much of the American West, in the WestConnect region, holding that the orders violate the Federal Power Act as a matter of law and that FERC inadequately … More August 2, 2023, opinions

July 27, 2023, opinions

July 28, 2023

Designated for publication per curiam (Richman, Ho, Engelhardt), Ho, J., concurring in judgment only; § 1983 Affirming dismissal of § 1983 and other claims by plaintiffs–survivors of man who committed suicide after his arrest for involvement in a scheme to take a picture of Senator’s nursing-home-bound wife for use in a campaign video. The Court … More July 27, 2023, opinions

July 24, 2023, opinions

July 25, 2023

Designated for publication Elrod, J. (Elrod, Ho, Oldham), Oldham, J., dissenting in part; qualified immunity Reversing summary judgment in favor of defendant jail officials on qualified immunity grounds, and remanding for further proceedings. The plaintiff’s claims arise from being tasered while a pretrial detainee, when he alleges he was being fully compliant with the jail … More July 24, 2023, opinions

July 19-20, 2023, opinions

July 21, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), breach of contract, COVID-19 Reversing dismissal of students’ putative class claims for breach of contract when defendant university failed to refund tuition and fees after switching to remote instruction during the COVID-19 pandemic, finding that the plaintiffs had adequately pled a breach of contract claim; but certifying … More July 19-20, 2023, opinions

July 14-18, 2023, opinions

July 21, 2023

Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions

July 11, 2023, opinions

July 12, 2023

Designated for publication Elrod, J. (King, Smith, Elrod), criminal, sex offender registration Reversing order granting request to terminate sex offender registration obligation. The Court held that “the unambiguous language of the Sex Offender Registration and Notification Act deems Nazerzadeh a tier II sex offender, and … that status demands that his registration continues.” Graves, J. … More July 11, 2023, opinions