Tag: municipal liability

December 30-31, 2025, opinions

January 6, 2026

Designated for publication per curiam (Southwick, Higginson, Douglas) (no oral argument), sec. 1983, personal torts, municipal liability, prosecutorial immunity Affirming dismissal of claims for negligence and arising under sec. 1983 against various defendants, arising from serious car accident. The appellants, Madelyn Marina Quiroz and her mother, sued a host of defendants after Madelyn was catastrophically … More December 30-31, 2025, opinions

December 18-20, 2025, opinions

December 23, 2025

Designated for publication per curiam (en banc) (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Duncan, Engelhardt, Oldham, Wilson, JJ.); Ho, J., concurring in denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined by Jones, Smith, Richman, Duncan, Engelhardt, Wilson, JJ.) … More December 18-20, 2025, opinions

November 4, 2025, opinions

November 5, 2025

Designated for publication Smith, J. (Smith, Stewart, Ramirez) (no oral argument), § 1983, Fair Debt Collection Practices Act, default judgment Affirming district court’s denial of default judgment on plaintiffs’ FDCPA and constitutional claims against defendants arising from eviction from public housing, where “all defendants appeared before the district court, filed an answer, or moved to … More November 4, 2025, opinions

October 30-31, 2025, opinions

November 3, 2025

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Haynes, dissenting in part; timeliness, personal torts Affirming dismissal as untimely of claims brought under Texas law, originally in Texas state courts but then removed, for monetary damages arising from chemical explosions at defendant’s facility, where original action was certified as to injunctive relief class … More October 30-31, 2025, opinions

August 26, 2025, opinions

August 27, 2025

Designated for publication Clement, J. (Stewart, Clement, Wilson), criminal, sentencing Affirming 92-month sentence on conviction of possession of a firearm by a felon. Reginald Humbles, a U.S. Army veteran with a history of psychiatric issues, was arrested after stealing a waste disposal truck in New Orleans and leading police on a high-speed chase across the … More August 26, 2025, opinions

July 15, 2025, opinions

July 16, 2025

Designated for publication Graves, J. (Clement, Graves, Willett), venue Granting in part petition for writ of mandamus, vacating order denying transfer of venue, and remanding for district court to conduct appropriate venue analysis. The case stems from a November 2023 article by Media Matters criticizing X Corp. (formerly Twitter) for placing major brand ads alongside … More July 15, 2025, opinions

July 7, 2025, opinions

July 8, 2025

Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., concurring; labor law Reversing NLRB order that Apple violated the National Labor Relations Act at an Apple retail store by coercively interrogating an employee and by removing unionization literature from a break room. This Fifth Circuit case arises from unionization efforts at an Apple retail … More July 7, 2025, opinions

June 4, 2025, opinions

June 6, 2025

Designated for publication Haynes, J. (Stewart, Dennis, Haynes), criminal, Second Amendment Affirming conviction for possession of a firearm by a felon. In 2019, Texas authorities arrested Betancourt after he allegedly brandished a firearm during a domestic dispute and was later found with multiple firearms, ammunition, and body armor in his home. A federal grand jury … More June 4, 2025, opinions

May 23, 2025, opinions

May 24, 2025

Designated for publication Higginson, J. (Elrod, Dennis, Higginson), First Amendment, sovereign immunity Affirming in part and vacating in part preliminary injunction against state entities to enjoin Texas law limiting information provided under managed vision plans, as an impingement on commercial speech, and affirming in part and vacating in part motion to dismiss on sovereign immunity … More May 23, 2025, opinions

December 9-13, 2024, opinions

December 16, 2024

Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, opinions