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
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
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
Designated for publication Ho, J. (Haynes, Ho, Oldham), criminal, restitution Affirming judgment that defendant’s service-connected payments were not exempt from garnishment to pay restitution order. The Fifth Circuit affirmed a writ of garnishment on $46,084.49 in Christopher Allen-Shinn’s USAA account to satisfy $92,500 in restitution from his child-pornography conviction, holding that 26 U.S.C. § 6334(a)(10)’s … More September 9, 2025, opinions
Designated for publication Clement, J. (Stewart, Clement, Wilson), criminal, sentencing Affirming 92-month sentence on conviction of possession of a firearm by a felon. Reginald Humbles, a U.S. Army veteran with a history of psychiatric issues, was arrested after stealing a waste disposal truck in New Orleans and leading police on a high-speed chase across the … More August 26, 2025, opinions
Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, First Step Act On remand from the U.S. Supreme Court, vacating defendants’ sentences that it had previously affirmed, and remanding for resentencing under the First Step Act in light of Hewitt v. United States, 145 S. Ct. 2165 (2025). Wilson, J. (Higginson, Ho, Wilson); Ho, J., … More August 18-19, 2025, opinions
Designated for publication Graves, J. (Graves, Higginson, Wilson), Wilson, J., dissenting; Quorum Clause Reversing district court’s judgment that the Quorum Clause of the Constitution requires physical presence by members of Congress to conduct votes, and vacating permanent injunction of portions of appropriations bill that had been challenged by Texas on the basis that it had … More August 15, 2025, opinions
Designated for publication Jones, J. (Elrod, Jones, Stewart), Stewart, J., concurring in judgment only; insurance Reversing judgment in favor of insurer in claim brought by re-insurer, on basis that insurer’s delay in providing notice to re-insurer of claims was objectively unreasonable and material. The Fifth Circuit reversed a district court ruling and held that United … More August 14, 2025, opinions
Designated for publication per curiam (Elrod, Higginbotham, Smith), Clean Air Act, administrative law, Administrative Procedure Act, venue On remand from U.S. Supreme Court, original panel opinion from November 22, 2023 (Elrod, Smith, Higginbotham; Higginbotham, J., dissenting) (vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard program of the Clean Air Act), … More August 7, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions
