Tag: prisoner suit

Take the Fifth: Dec. 1, 2020 opinions

December 2, 2020

Designated for publication Thomas v. Lumpkin, 17-20661, appeal from S.D. Tex. Jones, J., order denying en banc rehearing, joined by Owen, Jones, Smith, Southwick, Haynes, Costa, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.; Graves, J., dissenting from denial of rehearing, joines by Elrod, J. (Stewart, Dennis, Elrod, Graves, Higginson, Willett, voting to rehear); habeas corpus, ineffective … More Take the Fifth: Dec. 1, 2020 opinions

Take the Fifth: Nov. 25, 2020 opinions

November 26, 2020

Unpublished Leyva v. Barr, 17-60686, petition for review of BIA order per curiam (Owen, Jones, Stewart), immigration Affirming decision of BIA dismissing appeal of IJ decision ordering removal and denying motion to reopen. Scott v. Texas Department of Criminal Justice, 19-40923, appeal from E.D. Tex. per curiam (Higginbotham, Jones, Costa), prisoner suit, frivolous Affirming dismissal … More Take the Fifth: Nov. 25, 2020 opinions

Take the Fifth: Nov. 24, 2020 opinions

November 25, 2020

Designated for publication Smith v. Wal-Mart Stores, Inc., 19-20818, appeal from S.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), defamation Affirming summary judgment in favor of Wal-Mart on plaintiff’s defamation claim for being misidentified as a shoplifter by a Wal-Mart employee. Court held that, under standard necessary to overcome the qualified privilege under Texas law that … More Take the Fifth: Nov. 24, 2020 opinions

Take the Fifth: Nov. 19 and 20, 2020 opinions

November 23, 2020

Designated for publication Joseph v. Bartlett, 19-30014, appeal from E.D. La. Willett, J. (Elrod, Willett, Oldham), Oldham, J., concurring; excessive force, qualified immunity Affirming district court’s denial of qualified immunity-based summary judgment in favor of two defendant officers who repeatedly tased and struck a young man (who subsequently died), reversing the district court’s qualified immunity … More Take the Fifth: Nov. 19 and 20, 2020 opinions

Take the Fifth: Nov. 18, 2020 opinions

November 19, 2020

Unpublished Velazquez v. U.S., 19-10138, appeal from N.D. Tex. per curiam (Barksdale, Elrod, Ho), Federal Tort Claims Act, prisoner suit, jurisdiction Affirming 12(b)(1) dismissal of federal prisoner’s FTCA claim for injuries received responding to a fellow inmate’s calls for assistance, as the Inmate Accident Compensation Act provided the exclusive remedy. Jones v. Lubbock County Hospital … More Take the Fifth: Nov. 18, 2020 opinions

Take the Fifth: Nov. 9 and 10, 2020 opinions

November 11, 2020

Designated for publication U.S. v. Cooper, 19-50119, appeal from W.D. Tex. Elrod, J. (Elrod, Duncan, Wilson), criminal, guilty plea Affirming conviction on use or possession of a firearm in furtherance of a drug trafficking offense, where defendant had pled guilty, finding sufficient factual bases to support plea; but remanding to correct that plea was to … More Take the Fifth: Nov. 9 and 10, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

November 9, 2020

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 22, 2020 opinions

October 23, 2020

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex., designated for publication Dennis, J. (Stewart, Dennis, Willett), Willett, J., dissenting; abortion law; Opinion originally released on October 13, 2020; released in “MODIFIED” form on Oct. 22 in order to append Judge Willett’s dissent; Take the Fifth‘s original summary of the majority … More Take the Fifth: Oct. 22, 2020 opinions

Take the Fifth: Oct. 20, 2020 opinions

October 21, 2020

Designated for publication U.S. v. Sila, 17-11212, appeal from N.D. Tex. Elrod, J. (Higginbotham, Elrod, Haynes), criminal, sentencing, sufficiency of evidence Affirming two counts of indictment regarding theft of government funds and aggravated identity theft, vacating one count of indictment regarding theft of government funds for insufficiency of evidence, and remanding for resentencing. Defendant had … More Take the Fifth: Oct. 20, 2020 opinions