Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
Designated for publication Jones, J. (Jones, Wilson, Douglas), Jones, J., concurring; habeas corpus, Brady violation, due process Denying motion for permission to file a successive § 2254 petition by capital inmate to urge Brady violations regarding potentially impeaching evidence as to testimony from the petitioner’s girlfriend and due process violations regarding the petitioner’s request for … More February 27, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions
Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 2024, opinions
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 Clement, J. (Clement, Haynes, Oldham), Haynes, J., dissenting; qualified immunity Reversing denial of qualified immunity for officer defendant arising from fatal shooting of suspect armed with a handgun equipped with a high-capacity ammunition extension, and rendering judgment dismissing excessive force claims brought by suspect’s survivors. The Court held, “We therefore conclude that, … More November 17, 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
Designated for publication Dennis, J. (Richman, Dennis, Haynes), qualified immunity, municipal liability Reversing qualified immunity summary judgment on plaintiff’s false arrest claim, but affirming summary judgment on excessive force claim and on municipal liability claim. As to the false arrest claim, the Court held that the arresting officer entered the curtilage of the plaintiff’s property … More August 15, 2023, opinions
