Designated for publication per curiam (Smith, Higginson, Engelhardt), criminal, Commerce Clause, Second Amendment, gun laws Affirming conviction of possession of a firearm by a felon. The Court held there was no plain error in application of 18 U.S.C. § 922(g) under the Commerce Clause, holding that Circuit precedent is clear that the statute does not … More December 8, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), Smith, J., dissenting; criminal, sentencing, Armed Career Criminal Act, habeas corpus On defendant’s § 2255 motion, vacating sentence on conviction of possession of a firearm by a felon, and remanding for resentencing without the ACCA enhancement. On a 2011 charge for possession of a firearm by a … More December 5, 2023, opinions
Designated for publication per curiam (King, Smith, Elrod), qualified immunity, municipal liability, Americans with Disabilities Act Affirming qualified immunity dismissal of plaintiff’s excessive force claims against K9 officer arising from dog-bite injuries when officers responded to call that plaintiff was suicidal, and bystander liability claims against second officer; and 12(b)(6) dismissal of municipal liability claim … More November 29, 2023, opinions
Unpublished per curiam (Jolly, Engelhardt, Douglas), criminal, search and seizure Affirming conviction of bank robbery and brandishing a firearm during a crime of violence, upholding denial of motion to suppress. per curiam (Wiener, Willett, Douglas), prisoner suit, municipal liability Affirming dismissal of pretrial detainee’s Monell claim arising from conditions during her pretrial detention. per curiam … More November 21, 2023, opinions
Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal tort Affirming dismissal of claims by plaintiffs who suffer from chronic Lyme disease against peer-reviewed medical journal arising from article published regarding new proposed treatment of Lyme disease; plaintiffs alleged that the article cast doubt on how to treat chronic Lyme disease and even whether the … More November 16, 2023, opinions
Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, sentencing Affirming convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the 60-month sentence imposed on her resulting from these convictions and incorporating an upward variance based on the defendant’s knowledge of the danger … More November 15, 2023, opinions
Designated for publication Clement, J. (Clement, Elrod, Willett), spoliation, trade secrets Affirming spoliation sanction of default judgment and damages award against spoliating defendant in suit alleging misappropriation of proprietary software code. Higginson, J. (Smith, Higginson, Willett), takings Reversing judgment that city violated Takings Clause when it refused to compensate a homeowner for damage to her … More October 10-11, 2023, decisions
Designated for publication Higginson, J. (Jolly, Dennis, Higginson), criminal, sufficiency of evidence Affirming conviction of transporting within the United States an alien who “has come to, entered, or remains in the United States in violation of law.” The Court held there was sufficient evidence to support the jury’s finding that the person the defendant was … More September 20-21, 2023, opinions
Unpublished per curiam (Smith, Higginson, Engelhardt), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment dismissal of various employment discrimination claims. per curiam (Stewart, Southwick, Engelhardt), criminal, sentencing Affirming 96-month sentence on conviction of possession of a firearm by a felon. per curiam (Jolly, Engelhardt, Douglas), criminal Granting Anders motion to withdraw, and … More September 18, 2023, opinions
Designated for publication Willett, J. (Graves, Willett, Engelhardt), Graves, J., dissenting in part; Americans with Disabilities Act, due process Although disagreeing with the district court that an administrative exhaustion requirement applied to mother’s ADA and due process claims after her special needs child was tased by a school resource officer while child was physically struggling … More August 28, 2023, opinions
