Tag: qualified immunity

January 19, 2024, opinions

January 22, 2024

Unpublished per curiam (Richman, Haynes, Duncan), qualified immunity Affirming summary judgment dismissal of excessive force and false arrest claims on qualified immunity grounds, reversing denial of qualified immunity on fabrication of evidence claim, and remanding for entry of summary judgment dismissing all claims. per curiam (Clement, Engelhardt, Ramirez), prisoner suit Dismissing as frivolous appeal from … More January 19, 2024, opinions

January 15-17, 2024, opinions

January 18, 2024

Designated for publication Duncan, J. (Smith, Higginson, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of stay for habeas petitioner to return to state court to exhaust a procedurally defaulted IAC claim, denying additional certificate of appealability on IAC claim, and affirming denial of habeas relief on petitioner’s claim that state trial judge committed … More January 15-17, 2024, opinions

January 12, 2024, opinions

January 15, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 2024, opinions

January 10, 2024, opinions

January 11, 2024

Designated for publication Ho, J. (Graves, Higginson, Ho), qualified immunity Dismissing for lack of appellate jurisdiction appeal from denial of qualified immunity summary judgment in excessive force claim. As Judge Ho summarized the opinion: “Two established principles of law govern this qualified immunity appeal. First, it may be objectively reasonable under certain circumstances for police … More January 10, 2024, opinions

January 8, 2024, opinions

January 9, 2024

Designated for publication Jones, J. (Jones, Stewart, Duncan), administrative law Reversing $6.5 million penalty judgment and vacating injunction issued after jury verdict in civil enforcement action brought by the CFTC against energy commodity trader under 17 CFR § 155.4(b)(2)(i), “a regulation that prevents commodities traders from ‘taking the other side of orders’ without clients’ consent.” … More January 8, 2024, opinions

January 5, 2024, opinions

January 8, 2024

Designated for publication per curiam (Jones, Stewart, Duncan); Duncan, J., concurring; Jones, J., concurring; qualified immunity Affirming denial of motion to dismiss on qualified immunity, regarding plaintiff’s claims against Department of Public Safety and Corrections official for over-detention. Plaintiff was detained in a Louisiana prison 41 days past the end of his 90-day sentence, because … More January 5, 2024, opinions

January 3, 2024, opinions

January 4, 2024

Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Haynes, J., dissenting (joined by Stewart, Southwick, Higginson, Douglas, JJ.); Graves, J., joining dissent in part; administrative law Granting petition for review of FDA marketing denial orders regarding flavored e-cigarettes, setting orders aside, and remanding to the FDA … More January 3, 2024, opinions

December 8, 2023, opinions

December 11, 2023

Designated for publication per curiam (Smith, Higginson, Engelhardt), criminal, Commerce Clause, Second Amendment, gun laws Affirming conviction of possession of a firearm by a felon. The Court held there was no plain error in application of 18 U.S.C. § 922(g) under the Commerce Clause, holding that Circuit precedent is clear that the statute does not … More December 8, 2023, opinions

December 6, 2023, opinions

December 7, 2023

Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), prisoner suit Affirming dismissal of Texas state … More December 6, 2023, opinions

November 30, 2023, opinions

December 1, 2023

Unpublished per curiam (Dennis, Engelhardt, Oldham), criminal, sentencing Affirming 72-month sentence, based on crime-of-violence sentencing enhancement, and constitutionality of conviction of being a felon in possession of a firearm. per curiam (Elrod, Ho, Wilson), Ho, J., dissenting in part; qualified immunity Dismissing appeal in part, reversing denial of qualified immunity summary judgment in part, and … More November 30, 2023, opinions