Tag: personal torts

September 9, 2025, opinions

September 10, 2025

Designated for publication Ho, J. (Haynes, Ho, Oldham), criminal, restitution Affirming judgment that defendant’s service-connected payments were not exempt from garnishment to pay restitution order. The Fifth Circuit affirmed a writ of garnishment on $46,084.49 in Christopher Allen-Shinn’s USAA account to satisfy $92,500 in restitution from his child-pornography conviction, holding that 26 U.S.C. § 6334(a)(10)’s … More September 9, 2025, opinions

August 20-25, 2025, opinions

August 26, 2025

Designated for publication Wiener, J. (Wiener, Douglas, Ramirez), FDIC, jurisdiction Remanding appeal from injunction against FDIC proceedings on constitutional basis, with instructions to dismiss for lack of jurisdiction. The FDIC initiated an enforcement action against Cornelius Burgess, former CEO of Herring Bank, after investigations dating back to 2010 revealed misconduct. The case first proceeded before … More August 20-25, 2025, opinions

August 5, 2025, opinions

August 7, 2025

Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions

July 17, 2025, opinions

July 18, 2025

Designated for publication Higginson, J. (Graves, Higginson, Wilson), Age Discrimination in Employment Act, sec. 1983 Affirming dismissal of ADEA claim for failure to exhaust and to respond to a timeliness challenge, and dismissal of sec. 1983 claim for failure to plead a protected property interest in at-will employment. Jose E. Amstutz, a former Harris County … More July 17, 2025, opinions

June 27, 2025, opinions

June 28, 2025

Designated for publication King, J. (King, Ho, Ramirez), Ho, J., concurring; qualified immunity Affirming denial of qualified immunity to officer defendant on claims of Fourth and Fourteenth Amendment violations from the taking of a child from her home during a child welfare investigation. The Fifth Circuit affirmed the district court’s denial of qualified immunity to … More June 27, 2025, opinions

June 25, 2025, opinions

June 26, 2025

Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho), Ho, J., concurring; personal tort, statutory immunity “(1) Is an employee of a city of another state—working under an agreement for emergency assistance between that city and a Louisiana municipality—a ‘representative’ of the State of Louisiana or one of its political subdivisions within the meaning of La. … More June 25, 2025, opinions

June 23, 2025, opinions

June 24, 2025

Designated for publication Elrod, C.J. (Elrod, Higginbotham, Southwick), prisoner suit Affirming partial summary judgment that inmate’s sec. 1983 claim was Heck-barred, and affirming denial of motion for leave to amend. Torriana Clark, an inmate at Rayburn Correctional Center in Louisiana, filed a § 1983 lawsuit alleging that Lt. Lance Wallace used excessive force against him … More June 23, 2025, opinions

June 20-21, 2025, opinions

June 22, 2025

Designated for publication Ramirez, J. (Dennis, Haynes, Ramirez), Dennis, J., concurring; First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in all public school classrooms. In June 2024, Louisiana enacted H.B. 71, mandating the display … More June 20-21, 2025, opinions

June 2, 2025, opinions

June 3, 2025

Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., dissenting; international child custody Reversing denial of petition to return child under the Hague Convention to father in Venezuela, and remanding with instructions to enter order to return child to Venezuela. After their separation in 2019, Jose Brito retained custody rights over his daughter A.F., … More June 2, 2025, opinions

May 16-18, 2025, opinions

May 19, 2025

Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions