Tag: immigration

September 7, 2023, opinions

September 8, 2023

Designated for publication Higginson, J. (Richman, King, Higginson), § 1983, municipal liability, qualified immunity Affirming dismissal of plaintiff’s municipal liability claim against city, but reversing in part the qualified immunity dismissal of claim against police chief, arising from plaintiff’s § 1983 claims for false arrest, malicious prosecution, and First Amendment retaliation regarding his termination from … More September 7, 2023, opinions

September 1-5, 2023, opinions

September 6, 2023

Designated for publication Wilson, J. (Duncan, Wilson, Schroeder, by designation), criminal, sentencing Affirming 480-month sentence on conviction of conspiring to possess a controlled substance with the intent to distribute it and distributing a detectable amount of a substance containing cocaine base. Higginbotham, J. (Higginbotham, Southwick, Willett), qualified immunity Affirming denial of qualified immunity on Louisiana … More September 1-5, 2023, opinions

August 30-31, 2023, opinions

September 5, 2023

Designated for publication per curiam (Richman, Higginbotham, Southwick), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on IAC claims of petitioner convicted of capital murder and sentenced to death. per curiam (en banc court), criminal, sufficiency of evidence Ordering en banc rehearing of June 7, 2023, panel opinion that reversed and vacated … More August 30-31, 2023, opinions

August 24, 2023, opinions

August 25, 2023

Designated for publication Haynes, J. (Haynes, Engelhardt, deGravelles, by designation), § 1983, sovereign immunity, Ex parte Young Vacating judgment after bench trial in favor of plaintiff on his due process claim arising from Texas state officials’ notification of him that he would have to register as a sex offender under Texas law, and remanding with … More August 24, 2023, opinions

August 23, 2023, opinions

August 24, 2023

Designated for publication per curiam (Richman, Jones, Stewart, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Douglas, JJ., voting against rehearing; Smith, Elrod, Ho, JJ., voting for rehearing); Ho, J., dissenting from denial of rehearing en banc (joined by Smith, J.); § 1983 Denying rehearing en banc of panel opinion that affirmed dismissal of § 1983 … More August 23, 2023, opinions

August 22, 2023, opinions

August 23, 2023

Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), toxic tort, jurisdiction, timeliness Affirming denial of remand on the basis of improper joinder of nondiverse defendants; but reversing dismissal of wrongful death claim and vacating denial of leave to amend for fear of cancer claims, arising from defendants’ facility’s emissions of toxic levels of ehtylene oxide. … More August 22, 2023, opinions

August 21, 2023, opinions

August 22, 2023

Designated for publication Higginson, J. (Wiener, Higginson, Wilson), qualified immunity Reversing denial of qualified immunity motion to dismiss, and rendering judgment in favor of wildlife officer defendants on § 1983 claims arising from arrests related to hunting activities and to alleged forgeries in transfers of a jet ski and a pickup truck. The Court held … More August 21, 2023, opinions

August 16, 2023, opinions

August 17, 2023

Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions

August 15, 2023, opinions

August 16, 2023

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

August 11-14, 2023, opinions

August 15, 2023

Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions