Tag: qualified immunity

December 30-31, 2025, opinions

January 6, 2026

Designated for publication per curiam (Southwick, Higginson, Douglas) (no oral argument), sec. 1983, personal torts, municipal liability, prosecutorial immunity Affirming dismissal of claims for negligence and arising under sec. 1983 against various defendants, arising from serious car accident. The appellants, Madelyn Marina Quiroz and her mother, sued a host of defendants after Madelyn was catastrophically … More December 30-31, 2025, opinions

December 26-29, 2025, opinions

December 30, 2025

Unpublished decisions per curiam (Smith, Higginson, Wilson) (no oral argument), criminal, sentencing Affirming life sentence on conviction of conspiracy to possess with intent to distribute controlled substances. per curiam (Richman, Southwick, Willett) (no oral argument), criminal, sentencing Vacating in part sentence on conviction of illegal reentry, to strike Standard Conditions 2 through 13 from the … More December 26-29, 2025, opinions

December 23, 2025, opinions

December 26, 2025

Willett, J. (Elrod, Richman, Willett) (no oral argument), qualified immunity Vacating denial of qualified immunity summary judgment motion by defendant assistant medical examiner, and remanding for reconsideration under correct standard for deliberate indifference. Noel Dean sued Dr. Darshan Phatak under 42 U.S.C. § 1983, alleging that Phatak deliberately fabricated an autopsy report that helped lead … More December 23, 2025, opinions

December 18-20, 2025, opinions

December 23, 2025

Designated for publication per curiam (en banc) (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Duncan, Engelhardt, Oldham, Wilson, JJ.); Ho, J., concurring in denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined by Jones, Smith, Richman, Duncan, Engelhardt, Wilson, JJ.) … More December 18-20, 2025, opinions

December 16, 2025, opinions

December 17, 2025

Unpublished decisions per curiam (Dennis, Engelhardt, Wilson) (no oral argument), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (King, Stewart, Higginson) (oral argument), qualified immunity, Heck bar, appellate jurisdiction, prisoner suit Dismissing Texas state inmate’s appeal of partial grant of summary judgment, for untimeliness of his notice of appeal; affirming holding that … More December 16, 2025, opinions

December 10-11, 2025, opinions

December 15, 2025

Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., concurring; criminal, sentencing Affirming conviction and concurrent five-year and life sentences for conspiracy to stalk and cyberstalking using a dangerous weapon and resulting in death; but vacating conviction and consecutive life sentence for using, carrying, brandishing, and discharging a firearm during a crime … More December 10-11, 2025, opinions

November 17, 2025, opinions

November 18, 2025

Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), bankruptcy Affirming district court’s holding that bankruptcy court properly sustained creditor’s objection to debtor’s claimed exemption of property from administration by bankruptcy estate, on basis that debtor waived his right to object to the untimeliness of the creditor’s objection to his claimed exemption. In 2019 … More November 17, 2025, opinions

November 5, 2025, opinions

November 6, 2025

Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider. The Fifth Circuit denied Oscar Rene Rosa Arevalo’s petitions for review of the Board of Immigration Appeals’ denials of his motions to reopen … More November 5, 2025, opinions

November 4, 2025, opinions

November 5, 2025

Designated for publication Smith, J. (Smith, Stewart, Ramirez) (no oral argument), § 1983, Fair Debt Collection Practices Act, default judgment Affirming district court’s denial of default judgment on plaintiffs’ FDCPA and constitutional claims against defendants arising from eviction from public housing, where “all defendants appeared before the district court, filed an answer, or moved to … More November 4, 2025, opinions

October 28, 2025, opinions

October 29, 2025

Designated for publication en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity, en banc Ordering initial hearing en banc, with the en banc rehearing argument of Roake v. Brumley. Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence Affirming conviction of coercing and enticing a minor to engage in … More October 28, 2025, opinions