Tag: qualified immunity

Take the Fifth: April 21, 2021 opinions

April 22, 2021

Designated for publication Thibodeaux v. Sanofi U.S. Services, Inc., 20-30104, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Costa), timeliness, contra non valentem Affirming district court’s summary judgment dismissal of products liability claims regarding permanent hair loss from chemotherapy drug Taxotere, on the basis that the claims were facially prescribed under Louisiana law and that … More Take the Fifth: April 21, 2021 opinions

Take the Fifth: April 12, 2021 opinions

April 13, 2021

Designated for publication Hutcheson v. Dallas County, Texas, 20-10383, appeal from N.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), excessive force, qualified immunity Affirming summary judgment dismissal of plaintiffs’ excessive force and failure to train claims on qualified immunity grounds, in claims arising from officers’ restraint of victim at county jail as victim was actively resisting … More Take the Fifth: April 12, 2021 opinions

Take the Fifth: April 1-2, 2021 opinions

April 5, 2021

Designated for publication U.S. v. Knowlton, 19-41042, appeal from E.D. Tex. Elrod, J. (Elrod, Willett, Engelhardt), criminal Affirming conviction for receiving material containing child pornography. The Court held that the flash drives, external hard drives, and computer hard drives were “materials containing” child pornography and not merely child pornography itself, rejecting defendant’s argument that he … More Take the Fifth: April 1-2, 2021 opinions

Take the Fifth: March 22 and 23, 2021 opinions

March 24, 2021

Designated for publication U.S. v. Brune, 19-11360, appeal from N.D. Tex. Smith, J. (Jones, Smith, Elrod), criminal, double jeopardy Affirming conviction of defendant for possess with intent to distribute a mixture and substance containing more than 50 grams of methamphetamine. In the charging instrument, the government had misstated the statutory citation for the charged crime, … More Take the Fifth: March 22 and 23, 2021 opinions

Take the Fifth: March 9, 2021 opinions

March 10, 2021

Designated for publication Williams v. Lockheed Martin Corp., 18-31162, appeal from E.D. La. Owen, C.J. (Owen, Willett, Oldham), federal officer jurisdiction, asbestos, sanctions Denying petition for en banc rehearing, granting petition for panel rehearing, vacating panel opinion, and issuing new decision affirming district court’s denial of motion to remand, summary judgment dismissal of asbestos-exposure claims, … More Take the Fifth: March 9, 2021 opinions

Take the Fifth: March 5, 2021 opinions

March 6, 2021

Designated for publication Playa Vista Conroe, a Condominium Association v. Insurance Co. of the West, 20-20307, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), insurance Affirming summary judgment holding insurer liable for coverage of Hurricane Harvey damage to boat slips suffered by condo association when the Lake Conroe Dam was opened by the San … More Take the Fifth: March 5, 2021 opinions

Take the Fifth: March 3, 2021 opinions

March 4, 2021

Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions

Take the Fifth: Feb. 25, 2021 opinions

February 26, 2021

Designated for publication Daves v. Dallas County, Texas, 18-11368, appeal from N.D. Tex. per curiam (en banc court, except for Oldham, J., recused), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Voting to rehear en banc this matter where, on December 28, 2020, the panel of Judges Southwick, Graves, and Engelhardt (Southwick, J., authoring) affirmed … More Take the Fifth: Feb. 25, 2021 opinions

Take the Fifth: Feb. 11 and 12, 2021 opinion

February 15, 2021

Designated for publication DM Arbor Court, Ltd. v. City of Houston, 20-20194, appeal from S.D. Tex. Costa, J. (Davis, Southwick, Costa), ripeness Vacating district court’s dismissal of suit on ripeness grounds, and remanding for further proceedings. Plaintiff had brought suit challenging the refusal by the City to grant permits for repairs to apartments that had … More Take the Fifth: Feb. 11 and 12, 2021 opinion

Take the Fifth: Feb. 8, 2021 opinions

February 10, 2021

Designated for publication U.S. v. Medel-Guadalupe, 19-40901, appeal from S.D. Tex. per curiam (Jones, Haynes, Ho), criminal, sentencing, supervised release Withdrawing opinion issued on Oct. 27, 2020, and entering new opinion, affirming sentence of 120 months’ imprisonment and three years’ supervised release for guilty plea to one count of harboring illegal aliens, and consecutive sentence … More Take the Fifth: Feb. 8, 2021 opinions