Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you. Designated for publication Smith, J. (Smith, Barksdale, Haynes), criminal Vacating conviction for failure to register as a sex offender on basis that guilty … More November 16-23, 2022, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Title IX Affirming summary judgment dismissal of deliberate indifference claims against school district as to risk of 14-year-old plaintiff’s violent sexual assault in high school stairwell (requiring multiple surgeries to remedy), but reversing summary judgment dismissal of claims of deliberate indifference to totality of harassment, which included … More November 14, 2022, opinions
Designated for publications per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Ho, J., dissenting from denial of rehearing (joined by Smith, Engelhardt, JJ.); criminal, Commerce Clause Denying rehearing en banc of a panel decision affirming conviction for being a felon in possession of a firearm, … More November 11, 2022, opinions
Unpublished per curiam (Stewart, Willett, Oldham), prisoner suit Affirming severance of prisoner’s excessive force claims from sec. 1983 claims against prison nurse, and summary judgment dismissal of claims against nurse. per curiam (Wiener, Elrod, Engelhardt), habeas corpus Affirming in part, vacating in part, and remanding from dismissal of sec. 2241 petition. per curiam (Clement, Southwick, … More November 10, 2022, opinions
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Graves, J. (Wiener, Graves, Oldham), Wiener, J., dissenting; products liability Affirming dismissal of products-liability claims against firearms manufacturer for an allegedly faulty trigger mechanism. The Court held that … More November 2-9, 2022, opinions
Unpublished per curiam (Wiener, Elrod, Engelhardt), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 suit as frivolous. per curiam (Higginbotham, Graves, Ho), criminal, compassionate release, restitution Affirming denial of motions for compassionate release and suspension of restitution collection. per curiam (Higginbotham, Graves, Ho), criminal, sentencing Affirming conviction and 200-month sentence for drug and … More November 1, 2022, opinions
Designated for publication Clement, J. (Clement, Duncan, Wilson), qualified immunity Dismissing appeal of denial of summary judgment on qualified immunity grounds, where summary judgment was denied based on a finding of a dispute of material fact. The Court held that its jurisdiction to review a denial of qualified immunity summary judgment was limited to the … More October 31, 2022, opinions
Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, opinions
Designated for publication per curiam (Southwick, Higginson, Willett), immigration Denying Salvadoran citizens’ petition for review of BIA order affirming IJ’s denial of application for asylum and withholding of removal. The Court held that the record did not compel a contrary finding to the IJ’s finding that no factual nexus exists between the familial relationship alleged … More October 25, 2022, opinions
Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson); Haynes, J., dissenting from denial of rehearing en banc (joined by Stewart, Dennis, Graves, Higginson, JJ.); securities law, separation of powers On a 10-6 vote, denying en banc rehearing of May 18, 2022, panel … More October 21, 2022, opinions
