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
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
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
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
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
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
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
Designated for publication Douglas, J. (Wiener, Graves, Douglas), prisoner suit Vacating dismissal of Louisiana state prisoner’s § 1983 suit as frivolous, and remanding for further proceedings. The Court held that the magistrate and district court judges abused their discretion in finding as frivolous the plaintiff’s claim that his procedural due process rights were violated when … More August 10, 2023, opinions
Designated for publication per curiam (Clement, Elrod, Willett), criminal, sentencing Affirming 405-month sentence on conviction of enticement of a minor, travel with intent to engage in illicit sexual conduct, and transfer of obscene material to a minor; affirming $100 special assessment on each of three counts; but vacating $5,000 assessment under the Justice for Victims … More August 8, 2023, opinions
Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), criminal, sentencing Vacating sentence–120-month sentences on each of three counts of possession of a firearm by a felon, to run consecutively “[o]nly to the extent it produces a total aggregate of 188 months”–as impermissibly vague, and remanding for resentencing. The Court held that the district court did … More August 7, 2023, opinions
