Designated for publication Cope v. Cogdill, 19-10798, appeal from N.D. Tex. Haynes, J. (Stewart, Dennis, Haynes), Dennis, J., dissenting; qualified immunity Reversing district court’s denial of qualified immunity for officers sued after the jailhouse suicide death of Derrek Monroe, and rendering judgment in favor of officers. Monroe was a pretrial detainee in the Coleman County … More July 2, 2021 opinions
Designated for publication Adeeko v. Garland, 19-60703, petition for review of BIA order Wilson, J. (Clement, Haynes, Wilson), Haynes, J., concurring; immigration Denying petition for review of BIA order affirming IJ’s order of removal of Nigerian citizen after the Department of Homeland Security charged him as being removable upon his conviction of online solicitation of … More July 1, 2021 opinions
Designated for publication U.S. v. Tinney, 20-10849, appeal from N.D. Tex. per curiam (Davis, Duncan, Oldham), criminal, sentencing Affirming 18-month revocation sentence, plus an additional five years of supervised release, for recidivist sexual offender. The Court held that the district court did not commit plain error in mistakenly conflating criminal history score with criminal history … More June 29, 2021 opinions
Designated for publication Doe v. Mckesson, 17-30864, appeal from M.D. La. per curiam (Jolly, Elrod, Willett), Elrod, J., concurring; negligence On remand from the U.S. Supreme Court, the panel certified questions to the Louisiana Supreme Court. In this suit, the plaintiff police officer had sued the leader of a Black Lives Matter protest in Baton … More June 25, 2021 opinions
Designated for publication Colvin v. LeBlanc, 19-30888, appeal from E.D. La. Wiener, J. (Wiener, Elrod, Higginson), § 1983 Affirming dismissal of prisoner’s § 1983 claim challenging the alleged thirty-year extension of his state sentence; but reversing the dismissal of his § 1983 claim challenging his extradition from Pennsylvania to Louisiana; and remanding for further proceedings. … More June 23, 2021 opinions
Designated for publication SED Holdings, LLC v. St. John, 19-20841, appeal from S.D. Tex. Duncan, J. (Haynes, Duncan, Engelhardt), fraud, breach of contract, res judicata, judicial estoppel Affirming judgment of fraud, but finding damages excessive and remanding for remittitur, and vacating judgment of breach of contract, and remanding for further proceedings. This case arose from … More June 17, 2021 opinions
Designated for publication Butler v. Porter, 19-30029, appeal from W.D. La. Haynes, J. (Owen, Dennis, Haynes), Bivens claim Affirming in part, affirming the district court’s dismissal of Bivens claim for First Amendment retaliation claims and for due process claims, and affirming the district court’s denial of motions to file surreply briefs and to file amended … More Take the Fifth: June 2-3, 2021 opinions
Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, sufficiency of evidence, Batson challenge “Defendants Delwin McClaren, Dedrick Keelen, Jawan Fortia, Bryan Scott, and Lionel Allen were convicted of numerous crimes related to their participation in a New Orleans street gang. We AFFIRM their convictions in part … More Take the Fifth: May 18, 2021 opinions
Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions
Unpublished Heidari v. Barr, 18-60543, petition for review of BIA order per curiam (Owen, Barksdale, Duncan), immigration Dismissing Iranian citizen’s petition to review BIA order affirming an Immigration Judge’s (IJ) denying a motion to reopen removal proceedings for deferral of removal under the Convention Against Torture. U.S. v. Geske, 19-11334, appeal from N.D. Tex. per … More Take the Fifth: April 29, 2021 opinions
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