Tag: prisoner suit

December 11, 2023, opinions

December 12, 2023

Designated for publication Oldham, J. (Jolly, Engelhardt, Oldham), jurisdiction, voting rights Vacating district court’s declaratory judgment regarding the unconstitutionality of Houston’s voter-registration provisions, and remanding to the district court with instructions to dismiss without prejudice due to the lack of an Article III case or controversy. The Court noted that the parties were in agreement … More December 11, 2023, opinions

December 7, 2023, opinions

December 8, 2023

Designated for publication per curiam (Richman, Jones, Smith, Barksdale, Elrod, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for stay; Stewart, Southwick, Haynes, Graves, Higginson, Douglas, JJ., voting against stay); Oldham, J., concurring (joined by Jones, Smith, Barksdale, Elrod, Willett, Duncan, Engelhardt, Wilson, JJ.); Richman, C.J., concurring; Ho, J., concurring (joined by Elrod, J.); Higginson, … More December 7, 2023, opinions

December 6, 2023, opinions

December 7, 2023

Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), prisoner suit Affirming dismissal of Texas state … More December 6, 2023, opinions

December 4, 2023, opinions

December 5, 2023

Designated for publication Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 2023, opinions

November 30, 2023, opinions

December 1, 2023

Unpublished per curiam (Dennis, Engelhardt, Oldham), criminal, sentencing Affirming 72-month sentence, based on crime-of-violence sentencing enhancement, and constitutionality of conviction of being a felon in possession of a firearm. per curiam (Elrod, Ho, Wilson), Ho, J., dissenting in part; qualified immunity Dismissing appeal in part, reversing denial of qualified immunity summary judgment in part, and … More November 30, 2023, opinions

November 29, 2023, opinions

November 30, 2023

Designated for publication per curiam (King, Smith, Elrod), qualified immunity, municipal liability, Americans with Disabilities Act Affirming qualified immunity dismissal of plaintiff’s excessive force claims against K9 officer arising from dog-bite injuries when officers responded to call that plaintiff was suicidal, and bystander liability claims against second officer; and 12(b)(6) dismissal of municipal liability claim … More November 29, 2023, opinions

November 27, 2023, opinions

November 28, 2023

Designated for publication Elrod, J. (Dennis, Elrod, Ho), Dennis, J., dissenting; mineral law Certifying to Louisiana Supreme Court question of whether Louisiana’s negotiorum gestio doctrine applies to Louisiana mineral law regarding the deduction of post-production costs from an unleased mineral-interest owner’s pro rata share of unit production. The same question was previously certified in Self … More November 27, 2023, opinions

November 21, 2023, opinions

November 22, 2023

Unpublished per curiam (Jolly, Engelhardt, Douglas), criminal, search and seizure Affirming conviction of bank robbery and brandishing a firearm during a crime of violence, upholding denial of motion to suppress. per curiam (Wiener, Willett, Douglas), prisoner suit, municipal liability Affirming dismissal of pretrial detainee’s Monell claim arising from conditions during her pretrial detention. per curiam … More November 21, 2023, opinions

November 17, 2023, opinions

November 20, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), Haynes, J., dissenting; qualified immunity Reversing denial of qualified immunity for officer defendant arising from fatal shooting of suspect armed with a handgun equipped with a high-capacity ammunition extension, and rendering judgment dismissing excessive force claims brought by suspect’s survivors. The Court held, “We therefore conclude that, … More November 17, 2023, opinions

November 15, 2023, opinions

November 16, 2023

Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, sentencing Affirming convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the 60-month sentence imposed on her resulting from these convictions and incorporating an upward variance based on the defendant’s knowledge of the danger … More November 15, 2023, opinions