Tag: qualified immunity

November 21, 2023, opinions

November 22, 2023

Unpublished per curiam (Jolly, Engelhardt, Douglas), criminal, search and seizure Affirming conviction of bank robbery and brandishing a firearm during a crime of violence, upholding denial of motion to suppress. per curiam (Wiener, Willett, Douglas), prisoner suit, municipal liability Affirming dismissal of pretrial detainee’s Monell claim arising from conditions during her pretrial detention. per curiam … More November 21, 2023, opinions

November 17, 2023, opinions

November 20, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), Haynes, J., dissenting; qualified immunity Reversing denial of qualified immunity for officer defendant arising from fatal shooting of suspect armed with a handgun equipped with a high-capacity ammunition extension, and rendering judgment dismissing excessive force claims brought by suspect’s survivors. The Court held, “We therefore conclude that, … More November 17, 2023, opinions

November 16, 2023, opinions

November 20, 2023

Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal tort Affirming dismissal of claims by plaintiffs who suffer from chronic Lyme disease against peer-reviewed medical journal arising from article published regarding new proposed treatment of Lyme disease; plaintiffs alleged that the article cast doubt on how to treat chronic Lyme disease and even whether the … More November 16, 2023, opinions

November 2, 2023, opinions

November 3, 2023

Designated for publication Elrod, J. (Stewart, Elrod, Graves), qualified immunity, expert testimony, First Amendment Affirming in part and reversing in part qualified immunity dismissal of plaintiff’s claims arising from arrest for making a false report of a hostage situation. The Court first held that the district court did not abuse its discretion in excluding the … More November 2, 2023, opinions

October 6, 2023, opinions

October 9, 2023

Designated for publication Willett, J. (Willett, Engelhardt, Oldham), ERISA Reversing district court’s order of reclassification of former NFL player to the highest level of disability plan benefits under the League’s retirement and disability plan, holding that the former player had not timely appealed the initial classification and had failed to show a change of circumstances … More October 6, 2023, opinions

October 5, 2023, opinions

October 6, 2023

Designated for publication Oldham, J. (Willett, Engelhardt, Oldham), insurance, diversity jurisdiction Remanding appeal of summary judgment in favor of insurer regarding coverage for Covid-related shutdown of music festival, for purposes of determining the existence of diversity jurisdiction where the record did not adequately document the citizenship of LLC parties to the litigation. The Court noted … More October 5, 2023, opinions

October 2-3, 2023, opinions

October 4, 2023

Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions

September 28-29, 2023, opinions

October 2, 2023

Designated for publication per curiam (en banc court), voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Granting en banc rehearing, and vacating August 4, 2023, panel opinion that reversed in part and affirmed in part district court’s dismissal of constitutional challenge to Mississippi’s permanent disenfranchisement of certain felons. Duncan, J. (Duncan, … More September 28-29, 2023, opinions

September 25, 2023, opinions

September 26, 2023

Designated for publication per curiam (Smith, Southwick, Higginson), criminal, sentencing, Armed Career Criminal Act Affirming 190-month sentence on conviction of possession of a firearm by a felon, as enhanced for under the Armed Career Criminal Act. Teh Court rejected the defendant’s argument that the facts of the prior convictions for purposes of the ACCA enhancement … More September 25, 2023, opinions

September 8-11, 2023, opinions

September 12, 2023

Designated for publication Higginson, J. (Smith, Southwick, Higginson), criminal, supervised release Affirming imposition of 15 “standard conditions” for terms of supervised release from district court’s Standing Order, where oral pronouncement included that the supervised release would be “subject to the standard conditions” but did not otherwise expressly articulate those conditions. Elrod, J. (Dennis, Elrod, Ho), … More September 8-11, 2023, opinions