Tag: § 1983

February 10, 2023, opinions

February 13, 2023

Designated for publication Smith, J. (Jones, Smith, Graves), sec. 1983 Affirming summary judgment dismissal of plaintiff’s sec. 1983 deliberate indifference and state-law tort claims arising from the prison suicide of the father of her children. Unpublished per curiam (Graves, Ho, Duncan), foreclosure Affirming dismissal of claims arising from mortgage foreclosure. per curiam (Stewart, Dennis, Southwick), … More February 10, 2023, opinions

February 8, 2023, opinions

February 9, 2023

Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, vagueness, timeliness, jurisdiction, Miranda rights Reversing judgment suppressing defendants’ statements made during an interview and dismissing counts against defendants arising from international bribery scheme, and remanding for further proceedings. The Court reversed the district court’s judgment that it lacked subject-matter jurisdiction under the Foreign Corrupt Practices … More February 8, 2023, opinions

February 6, 2023, opinion

February 7, 2023

Designated for publication per curiam (Richman, King, Higginson), prisoner suit, Eighth Amendment, qualified immunity Reversing in part, affirming in part, and remanding from district court’s summary judgment dismissal of Texas state inmate’s pro se First and Eighth Amendment claims against officials at the Texas Department of Criminal Justice arising out of a housing transfer and … More February 6, 2023, opinion

February 1, 2023, opinions

February 2, 2023

Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions

January 31, 2023, opinions

February 1, 2023

Designated for publication per curiam (Higginbotham, Oldham, by quorum), qualified immunity Denying en banc rehearing on panel decision (Higginbotham, Costa, Oldham) that had (over Judge Oldham’s dissent) affirmed in part and reversed in part denial of qualified immunity for state Department of Public Safety & Corrections officials on claims they ignored the administrative failure of … More January 31, 2023, opinions

January 26, 2023, opinions

January 27, 2023

Unpublished per curiam (Dennis, Elrod, Duncan), employment discrimination, Title VII Affirming summary judgment dismissal of plaintiff’s sex discrimination claims for failure to hire based on positions for which she did not apply and positions for which she did apply but for which she was not selected; reversing summary judgment dismissal of failure-to-hire claims based on … More January 26, 2023, opinions

January 18-19, 2023, opinions

January 20, 2023

Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions

January 11, 2023, opinions

January 12, 2023

Designated for publication Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees. The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ … More January 11, 2023, opinions

January 3-6, 2023, opinions

January 9, 2023

Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J. (joined by Richman, C.J.), concurring in judgment only; Ho, J. (joined by Richman, Southwick, JJ.), concurring in part … More January 3-6, 2023, opinions

December 28-30, 2022, opinions

January 6, 2023

Designated for publication Southwick, J. (Higginbotham, Southwick, Higginson), appellate jurisdiction Dismissing appeal from denial of motion to quash grand jury subpoenas and compelling compliance with a grand jury subpoena. The Court held that “[t]here is no jurisdiction for appeals challenging a grand jury subpoena for production of documents unless (1) the appellant has been held … More December 28-30, 2022, opinions