Designated for publication per curiam (Elrod, Richman, Willett), Willett, J., dissenting (no oral argument); qualified immunity, municipal liability Affirming the district court’s dismissal of all claims—both the individual-capacity claims on qualified immunity grounds and the Monell claim for failure to plausibly allege an official policy or custom. On August 29, 2020, Tara Fogleman-Laxey staged a … More August 24, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument at motion stage), Haynes, J., concurring in order only (w/o op.); First Amendment, vagueness, injunctions Granting defendant Texas’s motion for stay of preliminary injunction pending appeal regarding SB 2420, which placed age and parental-guidance regulations on app stores and in-app purchases. The Texas Legislature … More June 4, 2026, opinions
Designated for publication Jones, J. (joined by Richman, Smith, Stewart, Southwick, Haynes, Duncan, Engelhardt, Wilson, JJ.); Graves, J., dissenting (joined by Elrod, Higginson, Willett, Ho, Douglas, JJ.); Higginson, J., dissenting (joined by Elrod, Graves, Willett, Ho, Oldham, Douglas, JJ.); Willett, J., dissenting (joined by Elrod, Graves, Higginson, Ho, Douglas, JJ.); Ho, J., dissenting (joined by … More January 23, 2024, opinions
Designated for publication Clement, J. (Clement, Haynes, Oldham), criminal, civil commitment Affirming order of indefinite civil commitment pursuant to 18 U.S.C. § 4246 because appellant was committed the Attorney General under § 4241(d) when the petition was filed. Unpublished per curiam (Clement, Haynes, Oldham), criminal Affirming Anders motion to withdraw, and dismissing appeal. per curiam … More October 4, 2023, opinions
Designated for publication Richman, C.J. (Richman, Smith, Graves), excessive force, false arrest Affirming dismissal of § 1983 claims arising from arrest of plaintiff for driving while intoxicated. The Court held that there was probable cause for the plaintiff’s arrest, based on the admitted facts, such that the district court did not err in finding that … More May 23, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting in part; qualified immunity Dismissing for lack of appellate jurisdiction officers’ appeal of denial of qualified immunity summary judgment on plaintiff’s excessive force claim against one officer, false arrest claim against four officers, and fabrication of evidence claim against another officer, arising from the … More March 9-10, 2023, opinions
Designated for publication Graves, J. (Graves, Willett, Engelhardt), insurance Affirming declaratory judgment in favor of insurance company that it did not owe coverage or defense to its insured for damages incurred by insured’s employees. Southwick, J. (Higginbotham, Southwick, Higginson), excessive force, municipal liability Reversing 12(b)(6) dismissal of excessive force claims against officer who punched plaintiff … More December 21-22, 2022, opinions
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Graves, J. (Wiener, Graves, Oldham), Wiener, J., dissenting; products liability Affirming dismissal of products-liability claims against firearms manufacturer for an allegedly faulty trigger mechanism. The Court held that … More November 2-9, 2022, opinions
Designated for publication per curiam (Jones, Ho, Wilson), criminal, sentencing, Armed Career Criminal Act Vacating sentence on conviction of being a felon in possession of a firearm, and remanding for resentencing, disagreeing with the district court that the ACCA (which would increase the statutory maximum from ten years to a minimum of 15 years) was … More September 26-28, 2022, opinions
Designated for publication Fairchild v. Coryell County, 20-50237, appeal from W.D. Tex. Costa, J. (Jolly, Southwick, Costa), excessive force, qualified immunity Reversing summary judgment in favor of jailer defendants and county on plaintiffs’ excessive force claims arising from the jailers’ forceful pinning of a pretrial detainee to the floor of her cell until she died, … More July 14, 2022, opinions
