Designated for publication Clement, J. (Clement, Elrod, Willett), prisoner suit Affirming dismissal of state prisoner’s sec. 1983 claims arising from prison officials’ actions regarding his parole hearing, as running afoul of the Heck rule barring sec. 1983 claims that are essentially challenges to the term of confinement. The Court rejected the plaintiff’s argument that he … More August 9, 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
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
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions
Designated for publication Fakhuri v. Garland, 19-60275, petition for review of BIA order Smith, J. (Smith, Costa, Wilson), immigration Denying in part and dismissing in part Jordanian citizen’s (and legal permanent resident’s) petition for review of BIA order sustaining IJ’s determination that Tennessee conviction of money laundering was an “aggravated felony” supporting removal, on basis … More March 10-11, 2022, opinions
Designated for publication U.S. v. Sheperd, 19-20073, appeal from S.D. Tex. Willett, J. (Smith, Willett, Duncan), criminal, Sixth Amendment, ineffective assistance of counsel Remanding to district court to hold evidentiary hearing on whether defendant’s pretrial counsel’s conflict of interest adversely affected her right to representation. From Judge Willett’s comprehensive introduction: “‘The Sixth Amendment is the … More March 7-8, 2022, opinions
Unpublished Herndon v. U.S., 20-10688, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), Federal Tort Claims Act Affirming summary judgment dismissal of former prisoner’s medical malpractice claim under the FTCA. Guzman v. U.S. Department of Homeland Security, 20-11123, appeal from N.D. Tex. per curiam (Davis, Jones, Elrod), habeas corpus Affirming dismissal of former immigration … More February 17, 2022, opinions
Unpublished U.S. v. Viator, 20-11235, appeal from N.D. Tex. per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release Afirming district court’s denial of motion for compassionate release. Small v. Zarvona Energy, L.L.C., 20-20316, appeal from S.D. Tex. per curiam (Smith, Stewart, Graves), prisoner suit Affirming dismissal of former prisoner’s § 1983 suit for lack of subject … More January 26, 2022, opinions
Designated for publication Angel Brothers Enterprises, Ltd. v. Walsh, 20-60849, petition for review of OSH Review Commission Decision Costa, J. (Jones, Costa, Duncan), Jones, J., dissenting; administrative law, occupational safety Denying petition for review of decision by the Occupational Safety and Health Review Commission, which imputed supervisor’s knowledge of safety rule violation (doing excavation work … More December 1, 2021, opinions
Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 2021, opinions
