Designated for publication per curiam (Jones, Stewart, Duncan); Duncan, J., concurring; Jones, J., concurring; qualified immunity Affirming denial of motion to dismiss on qualified immunity, regarding plaintiff’s claims against Department of Public Safety and Corrections official for over-detention. Plaintiff was detained in a Louisiana prison 41 days past the end of his 90-day sentence, because … More January 5, 2024, opinions
Designated for publication Engelhardt, J. (Southwick, Engelhardt, Wilson), abortion, administrative law, standing, preemption Affirming district court’s permanent injunction against Guidance letter issued by the Centers for Medicare and Medicaid Services (“CMS”), the agency of the Department of Health and Human Services charged with administering the Emergency Medical Treatment and Active Labor Act of 1986, which … More January 2, 2024, opinions
Designated for publication Elrod, J. (Higginbotham, Smith, Elrod), criminal, sentencing Affirming conviction for wire fraud, affirming 120-month imprisonment term, but vacating written judgment that sentence would run consecutively with any state-court sentences and remanding with order to conform to oral pronouncement that federal sentence would run concurrently with state-court sentences. Unpublished per curiam (Jones, Barksdale, … More December 20, 2023, opinions
Designated for publication Jones, J. (Jones, Higginson, Duncan), Higginson, J., concurring; Clean Water Act, mootness Vacating district court’s judgment declining to review the Corps of Engineers’ jurisdictional determination under the Clean Water Act that landowner’s property contained jurisdictional wetlands, which determination the Corps had reached after the remand by the district court of an earlier … More December 18, 2023, opinions
Designated for publication Oldham, J. (Jolly, Engelhardt, Oldham), jurisdiction, voting rights Vacating district court’s declaratory judgment regarding the unconstitutionality of Houston’s voter-registration provisions, and remanding to the district court with instructions to dismiss without prejudice due to the lack of an Article III case or controversy. The Court noted that the parties were in agreement … More December 11, 2023, opinions
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
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), prisoner suit Affirming dismissal of Texas state … More December 6, 2023, opinions
Designated for publication Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 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
Designated for publication Smith, J. (Smith, Southwick, Higginson), labor law Granting petition for review of NLRB order ruling that Tesla infringed on employees’ rights to unionize when it required employees to wear specific Tesla uniforms and prohibited employees from wearing union-insignia t-shirts instead (though the policy allowed employees to wear as many union stickers on … More November 14, 2023, opinions
