Designated for publication Higginbotham, J. (Higginbotham, Southwick, Willett), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claim for impeding access to medical care after the onset of stroke symptoms, upon holding that plaintiff’s claims were malpractice claims but did not allege a deprivation of constitutionally secured rights. The Court held, “We conclude that … More May 5-8, 2023, opinions
Designated for publication Smith, J. (Smith, Clement, Wilson), immigration Granting motion to clarify and amend, withdrawing prior opinion and substituting new one, granting Mexican citizen’s petition for review of BIA order denying cancellation of removal and voluntary departure, vacating BIA order, and remanding for determination of whether petitioner’s conviction for a hit-and-run was a “crime … More May 4, 2023, opinions
Designated for publication Smith, J. (Smith, Clement, Wilson), criminal, supervised release, sentencing Vacating sentences for revocation of supervised release, and rendering judgment accordingly. Defendant had originally been sentenced to 20 years imprisonment and 5 years’ supervised release for a conviction of being a felon in possession of a firearm. The district court then vacated the … More April 28, 2023, opinions
Designated for publication per curiam (Higginbotham, Jones, Oldham), preemption, personal torts Affirming summary judgment dismissal of intentional infliction of emotional distress claims, but reversing 12(b)(6) dismissal of negligent supervision and invasion of privacy claims, and remanding for further proceedings, on plaintiff’s claims against employer that supervisor denied him a bathroom break in his warehouse job … More April 27, 2023, opinions
Designated for publication Higginson, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting; labor law Denying employer’s petition to review NLRB’s order denying request to appeal NLRB Acting General Counsel’s withdrawal of unfair labor practice complaint against labor union, on basis that the Acting General Counsel’s decision was an unreviewable act of prosecutorial discretion. The Court held … More April 24-25, 2023, opinions
Designated for publication Clement, J. (Smith, Clement, Wilson), insurance Affirming summary judgment in favor of insurer on homeowners’ suit for coverage for mold-related losses. Unpublished per curiam (Jones, Haynes, Oldham), criminal, restitution Affirming denial of writ of coram nobis as a collateral attack on restitution order. per curiam (Stewart, Dennis, Willett), prisoner suit Affirming dismissal … More April 18, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Southwick, Higginson), bankruptcy Affirming district court’s affirmance of bankruptcy court’s order approving credit-bid sale of hotel property to debtor’s parent company and discharge of all liens, holding that the lender was a good faith purchaser. Elrod, J. (Wiener, Elrod, Engelhardt), criminal, guilty plea, restitution Affirming $75,000 restitution award as … More April 17, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Wiener, J. (Wiener, Higginson, Wilson), administrative law, standing Vacating district court’s preliminary injunction of Biden administration’s executive order establishing working group to formulate guidance on the “social cost of greenhouse gases” to be used by federal agencies in policymaking actions, and dismissing states’ suit seeking injunctive relief for lack of standing. As … More April 5, 2023, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), Higginbotham, J., concurring; immigration Affirming dismissal for lack of jurisdiction, holding that status-adjustment decisions made by the USCIS outside the context of removal proceedings are not final agency actions reviewable under the Administrative Procedure Act, nor are they final removal actions reviewable per the Immigration and Nationality … More April 4, 2023, opinions
