Tag: qualified immunity

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Unpublished decisions per curiam (Dennis, Engelhardt, Wilson) (no oral argument), criminal, sentencing Affirming conviction and sentence for illegal reentry.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Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider.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

September 29, 2025, opinions

September 30, 2025

Designated for publication Richman, J. (Richman, Haynes, Graves), prisoner suit, qualified immunity Reversing denial of qualified immunity to prison official defendants on inmate’s claims that prison official defendants unlawfully confiscated his earnings from sale of leather belts at Angola Prison Rodeo and deprived him of due process. Gregory Savage, an inmate at Angola Prison, sued … More September 29, 2025, opinions

September 18, 2025, opinions

September 19, 2025

Designated for publication Higginbotham, J. (Elrod, Higginbotham, Smith), qualified immunity On remand from the U.S. Supreme Court’s reversal and disabling of the Fifth Circuit’s “moment-of-threat” rule for analyzing a deadly force case, again affirming–this time under a reasonableness framework–the district court’s qualified immunity dismissal of a suit against a police officer who used deadly force … More September 18, 2025, opinions

September 16, 2025, opinions

September 17, 2025

Designated for publication Duncan, J. (Dennis, Graves, Duncan), Dennis, J., dissenting; criminal, pretrial detention, immigration Affirming denial of motion for pretrial detention. The majority affirmed the district court’s denial of Celia Ignacia Esquivel-Bataz’s motion for pretrial release, rejecting her argument that the district court improperly relied on an immigration detainer to find her a flight … More September 16, 2025, opinions