Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions
Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions
Designated for publication Joseph v. Bartlett, 19-30014, appeal from E.D. La. Willett, J. (Elrod, Willett, Oldham), Oldham, J., concurring; excessive force, qualified immunity Affirming district court’s denial of qualified immunity-based summary judgment in favor of two defendant officers who repeatedly tased and struck a young man (who subsequently died), reversing the district court’s qualified immunity … More Take the Fifth: Nov. 19 and 20, 2020 opinions
Designated for publication U.S. v. McKinney, 19-50801, appel from W.D. Tex. Southwick, J. (Owen, Davis, Southwick), criminal, search and seizure Vacating conviction and sentence based on conditional guilty plea to being a felon in possession of a firearm, holding that district court erred in denying motion to suppress evidence of discovery of firearm by an … More Take the Fifth: Nov. 16, 2020 opinions
Take the Fifth 