Tag: prisoner suit

Take the Fifth: May 11, 2021 opinions

May 12, 2021

Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions

Take the Fifth: May 10, 2021 opinions

May 12, 2021

Unpublished Coleman v. Groom, 19-11227, appeal from N.D. Tex. per curiam (Higginbotham, Smith, Oldham), § 1983 Dismissing as frivolous district court’s dismissal of claims arising from mercury spill in U.S. Post Office. Thompson v. Sharad, 19-20013, appeal from S.D. Tex. per curiam (Higginbotham, Jones, Costa), prisoner suit Affirming dismissal of suit filed by prisoner arising … More Take the Fifth: May 10, 2021 opinions

Take the Fifth: May 4, 2021 opinions

May 5, 2021

Unpublished U.S. v. Lara-Benito, 19-41002, appeal from E.D. Tex. per curiam (Davis, Elrod, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. Florence v. Lumpkin, 19-41036, appeal from S.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of dismissal of prisoner suit, for lack of timely notice of appeal. U.S. v. Renteria-Patino, … More Take the Fifth: May 4, 2021 opinions

Take the Fifth: May 3, 2021 opinions

May 4, 2021

Designated for publication White v. U.S. Corrections, LLC, 19-51074, appeal from W.D. Tex. Wilson, J. (Elrod, Duncan, Wilson), Fair Labor Standards Act Reversing district court’s 12(b)(6) dismissal of plaintiff’s overtime claim under the FLSA, holding that, while the Motor Carrier Act (“MCA”) exemption from the FLSA governed the plaintiff’s job transporting prisoners for the defendant, … More Take the Fifth: May 3, 2021 opinions

Take the Fifth: April 27, 2021 opinions

April 28, 2021

Unpublished Garcia v. Harlingen County, 19-40860, appeal from S.D. Tex. per curiam (Jolly, Elrod, Graves), prisoner suit Affirming dismissal of prisoner suit as frivolous. U.S. v. Clark, 20-10364, appeal from N.D. Tex. per curiam (Jones, Costa, Duncan), habeas corpus, firearms violation Reversing district court’s denial of successive § 2255 petition, and vacating conviction under 18 … More Take the Fifth: April 27, 2021 opinions

Take the Fifth: April 22, 2021 opinions

April 23, 2021

Designated for publication Aguirre v. City of San Antonio, 17-51031, appeal from W.D. Tex. Dennis, J. (Jolly, Dennis, Higginson), Jolly, J., concurring; Higginson, J., concurring; excessive force, qualified immunity, municipal liability Vacating summary judgment on qualified immunity grounds as to claims against officer defendants for holding arrestee in hog-tied, “maximum restraint” position for five and … More Take the Fifth: April 22, 2021 opinions

Take the Fifth: April 20, 2021 opinions

April 21, 2021

Unpublished English v. Aramark Corp., 19-20412, appeal from S.D. Tex. per curiam (Haynes, Graves, Willett), prisoner suit, removal Remanding to district court for the limited purpose of determining if defendant met its burden to show removal jurisdiction existed over state prisoner’s suit against prison food service provider. U.S. v. Vasquez-Garcia, 19-20880, appeal from S.D. Tex. … More Take the Fifth: April 20, 2021 opinions

Take the Fifth: April 19, 2021 opinions

April 20, 2021

Designated for publication Phillips v. Sanofi US Services, Inc., 20-30405, appeal from E.D. La. per curiam (King, Smith, Haynes), product liability Affirming summary judgment dismissal of plaintiff’s failure-to-warn claim regarding permanent hair-loss from chemotherapy drug Taxotere, on finding that, under Louisiana law, there was a lack of causation because there was no genuine dispute that … More Take the Fifth: April 19, 2021 opinions

Take the Fifth: April 16, 2021 opinions

April 17, 2021

Unpublished U.S. v. Medina, 18-10266, appeal from N.D. Tex. per curiam (Higginbotham, Jones, Costa), criminal, sentencing Affirming 360-month sentence and supervised release on guilty plea conviction to conspiracy to possess with intent to distribute a controlled substance. Leal v. Magic Touch Up, Inc., 19-10467, appeal from N.D. Tex. Owen, C.J. (Owen, Southwick, Oldham), Fair Labor … More Take the Fifth: April 16, 2021 opinions