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
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
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
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
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
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal.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
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
Designated for publication per curiam (King, Smith, Elrod), qualified immunity, municipal liability, Americans with Disabilities Act Affirming qualified immunity dismissal of plaintiff’s excessive force claims against K9 officer arising from dog-bite injuries when officers responded to call that plaintiff was suicidal, and bystander liability claims against second officer; and 12(b)(6) dismissal of municipal liability claim … More November 29, 2023, opinions
Designated for publication per curiam (en banc Court), Voting Rights Act Granting en banc rehearing of November 10 panel opinion that affirmed the district court’s injunction against County’s redistricting plan that eliminated a majority-minority county commissioner district, but that had expressly requested an en banc poll on the basis of the panel’s disagreement with binding Circuit precedent … More November 28, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Ho), Dennis, J., dissenting; mineral law Certifying to Louisiana Supreme Court question of whether Louisiana’s negotiorum gestio doctrine applies to Louisiana mineral law regarding the deduction of post-production costs from an unleased mineral-interest owner’s pro rata share of unit production. The same question was previously certified in Self … More November 27, 2023, opinions
