Tag: prisoner suit

August 11-14, 2023, opinions

August 15, 2023

Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions

August 10, 2023, opinions

August 11, 2023

Designated for publication Douglas, J. (Wiener, Graves, Douglas), prisoner suit Vacating dismissal of Louisiana state prisoner’s § 1983 suit as frivolous, and remanding for further proceedings. The Court held that the magistrate and district court judges abused their discretion in finding as frivolous the plaintiff’s claim that his procedural due process rights were violated when … More August 10, 2023, opinions

August 9, 2023, opinions

August 10, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), prisoner suit Affirming dismissal of state prisoner’s sec. 1983 claims arising from prison officials’ actions regarding his parole hearing, as running afoul of the Heck rule barring sec. 1983 claims that are essentially challenges to the term of confinement. The Court rejected the plaintiff’s argument that he … More August 9, 2023, opinions

August 7, 2023, opinions

August 8, 2023

Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), criminal, sentencing Vacating sentence–120-month sentences on each of three counts of possession of a firearm by a felon, to run consecutively “[o]nly to the extent it produces a total aggregate of 188 months”–as impermissibly vague, and remanding for resentencing. The Court held that the district court did … More August 7, 2023, opinions

August 3, 2023, opinions

August 4, 2023

Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), bankruptcy Affirming bankruptcy and district court judgments that the creditor had released its claims against the debtor and that, as a matter of contract interpretation, the claims were not within certain defined “permitted claims” allowed under the parties’ governing agreements. Unpublished per curiam (King, Haynes, Higginson), criminal … More August 3, 2023, opinions

August 1, 2023, opinions

August 2, 2023

Designated for publication Barksdale, J. (Barksdale, Southwick, Higginson), qualified immunity Affirming qualified immunity summary judgment on failure-to-protect claims arising from detainee’s suicide, based primarily on whether jailer and officer defendants possessed subjective knowledge of a substantial risk of suicide by the detainee. The Court, based on the rule of orderliness, rejected the plaintiffs’ proposed objective-unreasonableness … More August 1, 2023, opinions

July 26, 2023, opinions

July 27, 2023

Designated for publication per curiam (Haynes, Engelhardt, Saldaña, by designation), Engelhardt, J., concurring; criminal, sentencing Affirming upward departure from 15-21-month guidelines range to impose 72-month sentence for convictions of identity theft and possession of a firearm by a convicted felon. The Court held that the district court did not abuse its discretion, as the district … More July 26, 2023, opinions

July 25, 2023, opinions

July 26, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), Higginbotham, J., dissenting in part; criminal, sufficiency of evidence, jury instructions, Sixth Amendment, hearsay Affirming convictions of doctor and pharmacists in “pill mill” operation of controlled substance distribution and conspiracy counts, rejecting argument that there was not sufficient evidence to overcome the Controlled Substances Act’s exemption for … More July 25, 2023, opinions

July 24, 2023, opinions

July 25, 2023

Designated for publication Elrod, J. (Elrod, Ho, Oldham), Oldham, J., dissenting in part; qualified immunity Reversing summary judgment in favor of defendant jail officials on qualified immunity grounds, and remanding for further proceedings. The plaintiff’s claims arise from being tasered while a pretrial detainee, when he alleges he was being fully compliant with the jail … More July 24, 2023, opinions

July 14-18, 2023, opinions

July 21, 2023

Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions