Designated for publication Graves, J. (Graves, Willett, Engelhardt), qualified immunity Affirming qualified immunity summary judgment in favor of officer defendant based on shots he fired into sedan as he stood directly in front of car and driver ignored multiple commands from the officers; but reversing qualified immunity summary judgment in favor of officer defendants for … More May 17-18, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Dennis, J., dissenting in part; Duncan, J., dissenting in part; legislative privilege, appellate jurisdiction, standing Affirming district court’s order that Mississippi legislators must provide a privilege log for documents they contend are subject to the legislative privilege, but reversing district court’s order that the legislative privilege is … More May 10, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Southwick, Willett), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claim for impeding access to medical care after the onset of stroke symptoms, upon holding that plaintiff’s claims were malpractice claims but did not allege a deprivation of constitutionally secured rights. The Court held, “We conclude that … More May 5-8, 2023, opinions
Designated for publication Higginson, J. (Clement, Graves, Higginson), breach of contract, mootness Affirming district court’s affirmance of bankruptcy court’s denial of motion to assume an executory contract, upholding finding that there was insufficient evidence in the record to show that, under Texas law, there was sufficient identification of the property or an offer or acceptance … More May 3, 2023, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), immigration Dismissing Mexican citizen’s petition for review of BIA order denying cancellation of removal on the basis of hardship to his family. The Court held that it did not have jurisdiction to review a hardship determination. Unpublished per curiam (Ho, Oldham, Douglas), habeas corpus Dismissing for lack … More May 2, 2023, opinions
Designated for publication Engelhardt, J. (Higginbotham, Smith, Engelhardt), venue, insurance, forum selection clause Affirming dismissal without prejudice of plaintiff’s coverage suit for forum non conveniens, on basis that parties’ insurance policy contained an enforceable forum-selection clause requiring litigation in the courts of England and Wales with no return-jurisdiction clause required. Holding that it should apply … More May 1, 2023, opinions
Designated for publication per curiam (Higginbotham, Jones, Oldham), preemption, personal torts Affirming summary judgment dismissal of intentional infliction of emotional distress claims, but reversing 12(b)(6) dismissal of negligent supervision and invasion of privacy claims, and remanding for further proceedings, on plaintiff’s claims against employer that supervisor denied him a bathroom break in his warehouse job … More April 27, 2023, opinions
Unpublished per curiam (Barksdale, Higginson, Ho), criminal, guilty plea Affirming denial of motion to withdraw guilty plea to using, carrying, brandishing, and discharging of a firearm during and in relation to a crime of violence resulting in death, which resulted in 480-month sentence. per curiam (Elrod, Ho, Wilson), trademark infringement Affirming summary judgment dismissal of … More April 26, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Wiener, J. (Wiener, Higginson, Wilson), administrative law, standing Vacating district court’s preliminary injunction of Biden administration’s executive order establishing working group to formulate guidance on the “social cost of greenhouse gases” to be used by federal agencies in policymaking actions, and dismissing states’ suit seeking injunctive relief for lack of standing. As … More April 5, 2023, opinions
