Tag: qualified immunity

January 13, 2023, opinions

January 16, 2023

Unpublished per curiam (Barksdale, Elrod, Haynes), prisoner suit, qualified immunity Affirming qualified immunity-based dismissal of Texas state prisoner’s sec. 1983 claim. per curiam (Barksdale, Elrod, Haynes), habeas corpus Affirming dismissal of sec. 2241 petition on jurisdictional grounds. per curiam (Stewart, Willett, Oldham), legal malpractice Reversing and remanding from dismissal of legal malpractice claims under Texas … More January 13, 2023, opinions

January 11, 2023, opinions

January 12, 2023

Designated for publication Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees. The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ … More January 11, 2023, opinions

December 9, 2022, opinions

December 12, 2022

Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, search and seizure, sentencing Affirming conviction and 16-month sentence for smuggling bulk cash, and upholding denial of motion to suppress evidence obtained from a border search while defendant attempted enter Mexico from the United States. After being pulled over at the border, officers noticed the defendant … More December 9, 2022, opinions

December 7, 2022, opinions

December 8, 2022

Unpublished per curiam (Dennis, Elrod, decided by quorum), intervention Reversing district court’s denial of intervention-of-right to five entities involved in the electric transmission market in case brought to challenge constitutionality of Texas statute providing a regulatory right of first refusal to the owner of an existing utility facility for the connection of new electric transmission … More December 7, 2022, opinions

November 30, 2022, opinions

December 5, 2022

Designated for publication Oldham, J. (Barksdale, Engelhardt, Oldham), qualified immunity Denying petition for rehearing, and substituting June 17 decision with new decision, but still vacating district court’s boilerplate scheduling order that required discovery to move forward without first determining the issue of qualified immunity. The Court held that a scheduling order was appealable under the … More November 30, 2022, opinions

November 2-9, 2022, opinions

November 10, 2022

(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Graves, J. (Wiener, Graves, Oldham), Wiener, J., dissenting; products liability Affirming dismissal of products-liability claims against firearms manufacturer for an allegedly faulty trigger mechanism. The Court held that … More November 2-9, 2022, opinions

October 31, 2022, opinions

November 1, 2022

Designated for publication Clement, J. (Clement, Duncan, Wilson), qualified immunity Dismissing appeal of denial of summary judgment on qualified immunity grounds, where summary judgment was denied based on a finding of a dispute of material fact. The Court held that its jurisdiction to review a denial of qualified immunity summary judgment was limited to the … More October 31, 2022, opinions

October 26-28, opinions

October 31, 2022

Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, opinions

October 11-17, 2022, opinions

October 18, 2022

Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions

September 30, 2022, opinions

October 3, 2022

Designated for publication Smith, J. (Smith, Duncan, Oldham), Oldham, J., dissenting; immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order that IJ lacked jurisdiction to decide application for cancelation of a reinstatement of removal under the Violence Against Women Act. The Court held that, under the rule of orderliness, … More September 30, 2022, opinions