Designated for publication Stewart, J. (Richman, Stewart, Douglas), prisoner suit Dismissing appeal of dismissal of Texas state prisoner’s suit against medical personnel, upon denying motion to proceed in forma pauperis under 28 U.S.C. § 1915(g) and upon failure to pay required filing fees. The Court held that the plaintiff has accumulated more than three strikes … More July 10, 2023, opinions
Designated for publication Graves, J. (Graves, Ho, Duncan), Ho, J., concurring; immigration Denying Cambodian citizen’s petition for review of BIA order affirming IJ’s finding that he is removable for having been convicted of an aggravated felony. The Court held “that Khan’s conviction under 18 Pa. Cons. Stat. § 3925(a) constitutes receipt of stolen property, and … More May 30, 2023, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness Certifying to the Texas Supreme Court questions regarding the timeliness of filing a new suit after the original suit was dismissed for lack of jurisdiction, a question “concern[ing] the interpretation of a Texas statute that tolls the applicable statute of limitations where a prior petition is … More May 25-26, 2023, opinions
Designated for publication Richman, C.J. (Richman, Smith, Graves), excessive force, false arrest Affirming dismissal of § 1983 claims arising from arrest of plaintiff for driving while intoxicated. The Court held that there was probable cause for the plaintiff’s arrest, based on the admitted facts, such that the district court did not err in finding that … More May 23, 2023, opinions
Designated for publication Clement, J. (Clement, Oldham, Wilson), Oldham, J., concurring; insurance Affirming dismissal of insured’s suit against insurer on pollution liability policy, where insured sought defense from charges that it had intentionally dumped polluted polluted wastewater into city sewer system and policy only covered “accidents.” Judge Oldham concurred in the judgment, but for a … More May 19-22, 2023, opinions
Designated for publication Graves, J. (Graves, Willett, Engelhardt), qualified immunity Affirming qualified immunity summary judgment in favor of officer defendant based on shots he fired into sedan as he stood directly in front of car and driver ignored multiple commands from the officers; but reversing qualified immunity summary judgment in favor of officer defendants for … More May 17-18, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Southwick, Willett), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claim for impeding access to medical care after the onset of stroke symptoms, upon holding that plaintiff’s claims were malpractice claims but did not allege a deprivation of constitutionally secured rights. The Court held, “We conclude that … More May 5-8, 2023, opinions
Designated for publication Engelhardt, J. (Higginbotham, Smith, Engelhardt), venue, insurance, forum selection clause Affirming dismissal without prejudice of plaintiff’s coverage suit for forum non conveniens, on basis that parties’ insurance policy contained an enforceable forum-selection clause requiring litigation in the courts of England and Wales with no return-jurisdiction clause required. Holding that it should apply … More May 1, 2023, opinions
Designated for publication per curiam (Higginbotham, Smith, Engelhardt), criminal, sentencing, First Step Act Affirming resentencing on remand under the First Step Act, in which district court declined to retroactively apply the decrease in the 25-year mandatory minimum under the First Step Act to defendant’s sentence for discharging a firearm in relation to a crime of … More April 14, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), personal torts, Batson violation Affirming denial of new trial or remittitur motion brought by plaintiff in trucker-collision case where jury found in favor of plaintiff but only awarded $37,500. The Court held that the defense counsel’s closing argument comments that allegedly alluded to the plaintiff’s counsel’s marketing … More April 13, 2023, opinions
