Designated for publication Smith, J. (Smith, Richman; Dennis on argument panel, but decision decided on a quorum due to Judge Dennis taking inactive status) (oral argument); qualified immunity Reversing denial of qualified immunity defense to officer defendant on plaintiff’s § 1983 Fourth Amendment search claim, and rendering judgment of dismissal. In this 42 U.S.C. § … More February 23, 2026, opinions
Designated for publication per curiam (en banc; Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, voting against en banc rehearing; Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, voting for en banc rehearing) (oral argument at panel stage), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith); en banc, qualified … More February 20, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Smith, Wilson) (oral argument withdrawn), artificial intelligence, sanctions After unpublished per curiam opinion entered January 6, 2026, vacating sanctions order against plaintiff on Fair Credit Reporting Act claim, the Court of Appeals issued an order for the plaintiff’s counsel to show cause why the Court of Appeals should not … More February 18-19, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (no oral argument), immigration, Religious Freedom Restoration Act, res judicata Withdrawing December 15, 2025, opinion and substituting new opinion affirming dismissal of challenge to denial of visa for foreign student plaintiff sought to sponsor under the Religious Freedom Restoration Act, but in change from original panel opinions … More February 12-13, 2026, opinions
Designated for publication per curiam (Richman, Dennis, Ho, on panel; but Ho, J., writing separately with respect to the issuance of the mandate) (panel originally orally argued); municipal liability, qualified immunity, en banc, mandate Order vacating order withholding issuance of mandate from October 7, 2025, opinion (“per curiam” Dennis, Richman, Ho; Ho, J., concurring; Dennis, … More February 6, 2026, opinions
Designated for publication Duncan, J. (Haynes, Duncan, Ramirez) (oral argument), sec. 1983 Affirming dismissal of claims of family of man who died during self-defense exercise in police cadet training. The court affirmed the district court’s dismissal of all § 1983 claims brought by Brittney Kennedy on behalf of her late husband, Marquis Kennedy, who suffered … More February 4-5, 2026, opinions
Unpublished decisions per curiam (Higginbotham, Ho, Douglas) (no oral argument), criminal, jury instructions, sentencing, sufficiency of evidence Affirming 84-month sentence and conviction of one count of conspiracy to distribute a controlled substance and six counts of unlawful distribution of a controlled substance. per curiam (Wiener, Engelhardt, Oldham) (no oral argument), Oldham, J., dissenting; criminal, compassionate … More January 28, 2026, opinions
Designated for publication Stewart, J. (Smith, Stewart, Haynes) (oral argument), maritime law, timeliness Affirming summary judgment dismissal of limitation-of-liability suit as untimely, when it was filed three years after former employee’s state-court negligence suit was filed in state court. Seaman claimant Brandon Darrow, employed by Genesis Marine, LLC, suffered a severe back injury while working … More January 16, 2025, opinions
Designated for publication per curiam (Richman, Ho; Dennis on panel but not participating in this order) (oral argument at the merits stage), Ho, J., dissenting from denial of panel rehearing; municipal liability, qualified immunity, First Amendment Denying petition for panel rehearing of October 7, 2025, opinion that had affirmed qualified immunity dismissal of police officers … More January 13, 2026, opinions
Designated for publication Clement, J. (Elrod, Clement, Haynes) (oral argument), Haynes, J., dissenting; criminal, search and seizure Reversing denial of motion to suppress, and vacating conviction and sentence for possession of a firearm by a felon. Tony Lee Johnson, a convicted felon on supervised release, was arrested at his home in the Northern District of … More January 7, 2026, opinions
