Designated for publication Higginson, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting; labor law Denying employer’s petition to review NLRB’s order denying request to appeal NLRB Acting General Counsel’s withdrawal of unfair labor practice complaint against labor union, on basis that the Acting General Counsel’s decision was an unreviewable act of prosecutorial discretion. The Court held … More April 24-25, 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 Smith, J. (Smith, Barksdale, Haynes), qualified immunity, Equal Protection, municipal liability Reversing dismissal of plaintiffs’ excessive force, denial of medical care, and unlawful arrest claims arising from fatal shooting during routine traffic stop; affirming dismissal of remaining claims for unlawful arrest and detention and racial discrimination; and denying as moot motion to … More March 21, 2023, opinions
Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., dissenting; qualified immunity Reversing a denial of qualified immunity summary judgment dismissing § 1983 claims against school officials by mother of disabled public-school student who had been sexually assaulted by another student with known violent tendencies, whose teacher allowed the assaulted student and the aggressor … More March 16, 2023, opinions
Designated for publication Smith, J. (Jones, Smith, Graves), administrative law Granting petition for review of Federal Railroad Administration refusal to grant waiver of standard track-inspection regulations so BNSF could test new technology, vacating FRA’s refusal order, and remanding. Following successful waivers and tests of automated track inspection technology, the FRA denied a waiver-request for wider … More March 15, 2023, opinions
Designated for publication Willett, J. (Graves, Willett, Engelhardt), insurance, preemption, sovereign immunity, standing Affirming dismissal of former federal employee’s claim against health insurer and federal Office of Personnel Management arising from the denial of coverage for proton therapy for cancer; district court had dismissed claims against OPM under sovereign immunity, and against Blue Cross on … More March 13-14, 2023, opinions
Designated for publication per curiam (Wiener, Elrod, Engelhardt), immigration Denying Mexican citizen’s petition for review of BIA order issuing a final order of removal after IJ’s decision that he was ineligible for asylum because of a conviction of Texas aggravated robbery. Petitioner had been a lawful permanent resident of the U.S. since 2003. In 2014 … More March 3-6, 2023, opinions
Unpublished per curiam (Richman, Barksdale, Duncan), unfair trade practices, § 1983 Affirming in part and dismissing for lack of jurisdiction in part appeal from dismissal of dentist’s claims against members of the state dentistry board and individuals who had assisted the board in an alleged conspiracy to deprive the plaintiff of his dental license. per … More March 2, 2023, opinions
Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, jurisdiction, Miranda Reversing dismissal of indictments in international bribery and money laundering cases, and reversing granting of motion to suppress, and remanding for further proceedings. The Court first held that the district court erred in holding that it did not have jurisdiction over the cases based … More February 28, 2023, opinions
Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
