September 21, 2021 opinions

Designated for publication Kokesh v. Curlee, 20-30356, appeal from E.D. La. Engelhardt, J. (Elrod, Willett, Engelhardt), Willett, J., dissenting; qualified immunity Reversing district court’s denial of qualified immunity-based summary judgment on claim of illegal seizure of plaintiff by defendant State Trooper. Plaintiff had been a passenger in a truck stopped on the shoulder on the … More September 21, 2021 opinions

September 14, 2021 opinions

Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. per curiam (Higginbotham, Smith, Dennis), qualified immunity Treating petition for en banc rehearing as a petition for panel rehearing, granting panel rehearing, vacating the qualified immunity judgment of the district court, and remanding for further proceedings. “In this suit under the Eighth Amendment against … More September 14, 2021 opinions

September 7-9, 2021 opinions

Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions

August 26, 2021 opinions

Designated for publication Ward v. U.S., 20-10836, appeal from N.D. Tex. Southwick, J. (Jones, Southwick, Engelhardt), criminal, compassionate release Affirming district court’s denial of motion for compassionate release. The Court held that the district court may use the sentencing factors set forth in 18 U.S.C. § 3553(a) to reject compassionate release when the Government fails … More August 26, 2021 opinions

August 25, 2021 opinions

Designated for publication Jennings v. Towers Watson, 19-11028, appeal from N.D. Tex. Higginson, J. (King, Higginson, Wilson), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment in favor of former-employer defendant on plaintiff’s claims for state-law civil conspiracy, hostile work environment under Title VII and the ADA, disability discrimination under the ADA, racial … More August 25, 2021 opinions

August 18, 2021 opinions

Unpublished U.S. v. Mafo, 20-11090, appeal from N.D. Tex. per curiam (Southwick, Oldham, Wilson), criminal, restitution Affirming restitution award of $1,999,083 as part of sentence on guilty-plea conviction of wire fraud. U.S. v. Pineda, 20-40664, appeal from E.D. Tex. per curiam (Smith, Stewart, Graves), criminal, compassionate release Affirming district court’s denial of motion for compassionate … More August 18, 2021 opinions

August 16-17, 2021 opinions

Designated for publication Lindsey v. Bio-Medical Applications of Louisiana, L.L.C., 20-30289, appeal from W.D. La. Ho, J. (Ho, Oldham, Wilson), Family and Medical Leave Act Affirming in part and reversing in part summary judgment dismissal of employee’s claims against former employer, reversing dismissal of FMLA retaliation claim and affirming dismissal of other claims for FMLA … More August 16-17, 2021 opinions

August 11, 2021 opinions

Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. Higginbotham, J. (Higginbotham, Smith, Dennis), Smith, J., dissenting; prisoner suit, qualified immunity Affirming district court’s denial of qualified-immunity-based summary judgment in favor of defendant prison medical staff members, on prisoner plaintiff’s claim of an Eighth Amendment violation arising from deliberate indifference for six weeks … More August 11, 2021 opinions

July 27-28, 2021 opinions

Designated for publication U.S. v. Jackson, 19-10627, appeal from N.D. Tex. per curiam (Wiener, Elrod, Higginson), criminal, crime of violence Vacating conviction of using a facility in aid of a racketeering enterprise with intent to commit a “crime of violence”; holding that predicate offense of sex trafficking of children is not a “crime of violence,” … More July 27-28, 2021 opinions

July 13, 2021 opinions

Designated for publication U.S. v. Gaspar-Felipe, 19-50997, appeal from W.D. Tex. Duncan, J. (Jones, Costa, Duncan), criminal, sentencing, Confrontation Clause, sufficiency of evidence Affirming convictions and 78-month sentence for defendant’s role in an alien smuggling operations in which the person being smuggled died. The Court held that there was no Confrontation Clause violation in the … More July 13, 2021 opinions