Tag: § 1983

October 24, 2022, opinions

October 25, 2022

Unpublished per curiam (Haynes, Engelhardt, Oldham), Rooker-Feldman doctrine Dismissing as frivolous appeal from dismissal of RICO claims under the Rooker-Feldman doctrine. per curiam (Smith, Dennis, Southwick), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jolly, Oldham, Wilson), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Haynes, … More October 24, 2022, opinions

October 20, 2022, opinions

October 21, 2022

Designated for publication Jolly, J. (Jolly, Willett, Oldham), Natural Gas Act Granting in part and denying in part BP’s petitions for review of FERC enforcement orders against BP that, in the wake of Hurricane Ike in 2008, BP exploited resulting chaos in the commodities markets to manipulate the natural gas market, which orders levied a … More October 20, 2022, opinions

October 19, 2022, opinions

October 20, 2022

Designated for publication Wilson, J. (Willett, Engelhardt, Wilson), separation of powers Affirming in part and reversing district court’s summary judgment in favor of the CFPB on plaintiffs’ challenge of CFPB’s 2017 Payday Lending Rule and constitutional challenge to CFPB’s structure, holding that “Congress’s decision to abdicate its appropriations power under the Constitution, i.e., to cede … More October 19, 2022, opinions

October 11-17, 2022, opinions

October 18, 2022

Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions

October 4-5, 2022, opinions

October 6, 2022

Designated for publication per curiam (Clement, Duncan, Wilson), prisoner suit, First Amendment Affirming summary judgment dismissal of Texas state prisoner’s § 1983 claims that confiscation of religious materials violated his First Amendment rights. The Court held that TDJC policies regarding storage of personal property and the confiscation of any personal property not stored properly according … More October 4-5, 2022, opinions

September 30, 2022, opinions

October 3, 2022

Designated for publication Smith, J. (Smith, Duncan, Oldham), Oldham, J., dissenting; immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order that IJ lacked jurisdiction to decide application for cancelation of a reinstatement of removal under the Violence Against Women Act. The Court held that, under the rule of orderliness, … More September 30, 2022, opinions

September 15, 2022, opinions

September 16, 2022

Designated for publication King, J. (King, Elrod, Southwick), Elrod, J., concurring in judgment; tax, Freedom of Information Act, attorneys’ fees Affirming dismissal of claims challenging tax penalties, revocation of passport pursuant to penalties, and denial of award of attorneys’ fees under FOIA. The Court held that the district court correctly dismissed the plaintiff’s claims challenging … More September 15, 2022, opinions

August 25, 2022, opinions

August 26, 2022

Designated for publication Garcia v. Orta, 21-50890, appeal from W.D. Tex. Southwick, J. (Smith, Wiener, Southwick), qualified immunity Reversing denial of summary judgment and rendering summary judgment in favor of arresting officers on qualified immunity grounds, dismissing plaintiff’s suit for detention without probable cause for DWI. Plaintiff had been held in pretrial detention, unable to … More August 25, 2022, opinions