September 9, 2022, opinions
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(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Unpublished
Designated for publication Garcia v. Orta, 21-50890, appeal from W.D. Tex. Southwick, J. (Smith, Wiener, Southwick), qualified immunity Reversing denial of summary judgment and rendering summary judgment in favor of arresting officers on qualified immunity grounds, dismissing plaintiff’s suit for detention without probable cause for DWI. Plaintiff had been held in pretrial detention, unable to … More August 25, 2022, opinions
Designated for publication Harness v. Watson, 19-60632, appeal from S.D. Miss. [ed.: Note that the following en banc decision was announced by the Court as “per curiam,” i.e., “for the court,” and at the beginning of that decision then listed all 17 active-status judges, intimating at the outset that the decision was for the entire … More August 24, 2022, opinions
Designated for publication U.S. v. Morton, 19-10842, appeal from N.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Higginson, J., concurring (joined in whole by Elrod, Willett, JJ., and in part by Ho, Wilson, JJ.); Graves, J., dissenting (joined by Dennis, J.); Jolly, J., not joining … More August 23, 2022, opinions
Designated for publication Hignell-Stark v. City of New Orleans, 21-30643, appeal from E.D. La. Smith, J. (Smith, Wiener, Southwick), § 1983, takings, Commerce Clause, First Amendment Affirming in part and vacating in part summary judgment dismissing two of three constitutional challenges by owners of short-term rentals (STRs) against the City of New Orleans in relation … More August 22, 2022, opinions