Tag: prisoner suit

November 6, 2024, opinions

November 7, 2024

Unpublished per curiam (Clement, Oldham, Wilson), prisoner suit Vacating dismissal of pretrial detainee’s failure-to-protect claim, affirming dismissal of other claims arising from assault, and remanding for further proceedings. per curiam (Wiener, Willett, Duncan), Wiener, J., concurring; municipal liability Affirming dismissal of municipal liability claims arising from tear-gassing and arrest of journalist plaintiff during George Floyd … More November 6, 2024, opinions

November 1-5, 2024, opinions

November 6, 2024

Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions

October 21, 2024, opinions

October 22, 2024

Unpublished per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming 12-month sentence on conviction of aiming a laser pointer at an aircraft. Higginson, J. (HIgginbotham, Higginson, Duncan), qualified immunity Affirming qualified immunity dismissal of claims arising from suicide death of plaintiff’s daughter. per curiam (Smith, Stewart, Duncan), prisoner suit Affirming dismissal of sec. 1983 claims. per … More October 21, 2024, opinions

October 17-20, 2024, opinions

October 21, 2024

Designated for publication per curiam (Smith, Graves, Engelhardt), discovery, First Amendment Granting stay pending appeal of district court’s order compelling production of documents responsive to discovery requests for the defendant’s list of donors and financial supporters, in claims by social media company that defendants “knowingly and maliciously” manipulated images to “portray X Corp. as a … More October 17-20, 2024, opinions

October 15, 2024, opinions

October 16, 2024

Designated for publication Southwick, J. (Dennis, Southwick, Engelhardt), criminal, sentencing Affirming 33-month sentence and conviction for possession of a firearm by a felon, holding that the district court acted appropriately in accepting the Sentencing Guidelines’ commentary defining “large capacity magazine” and that the underlying criminal statute is not unconstitutional; but vacating imposition of discretionary terms … More October 15, 2024, opinions

October 11, 2024, opinions

October 14, 2024

Designated for publication Wilson, J. (Jones, Clement, Wilson), criminal, sentencing Affirming conviction on making false statements involving international terrorism; vacating conviction on three counts of obstructing an official proceeding; and vacating 108-month sentence and remanding for resentencing. Charges arose from defendant’s entering into a romantic relationship with a target of her investigation, who she was … More October 11, 2024, opinions

October 10, 2024, opinions

October 11, 2024

Designated for publication Willett, J. (Elrod, Willett, Duncan), habeas corpus Affirming denial of habeas relief, upholding district court’s judgment that the § 2254 petition was untimely. The Court first held that the appeal was timely, based on district court’s determination that the petitioner had placed his request for a “return date” and an extension to … More October 10, 2024, opinions

October 9, 2024, opinions

October 10, 2024

Designated for publication Higginson, J. (Higginbotham, Stewart, Higginson), copyright, jury instructions Affirming judgment on jury verdict (and denial of JMOL) that defendant internet service provider was liable for contributory copyright infringement on plaintiff independent record labels’ copyright claims; vacating damages award predicated on statutory damages for each of the 1,403 songs at issue in the … More October 9, 2024, opinions

October 3, 2024, opinions

October 4, 2024

Designated for publication Ramirez, J. (Smith, Engelhardt, Ramirez), immigration Affirming for lack of subject-matter jurisdiction plaintiff’s challenge to the U.S. Citizenship and Immigration Services’ revocation of its approval of his EB-3 visa petition. The Court held that the USCIS’s revocation of the approval of the plaintiff’s I-140 petition was a discretionary decision not subject to … More October 3, 2024, opinions

October 2, 2024, opinions

October 3, 2024

Unpublished per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Elrod, Graves), immigration Denying Mexican citizen’s petition for review of BIA dismissal of his appeal of an immigration judge’s denial of his application for cancellation of removal. per curiam (Graves, Willett, Wilson), criminal, compassionate release Affirming denial … More October 2, 2024, opinions