Designated for publication Smith, J. (Smith, Barksdale, Haynes), qualified immunity, Equal Protection, municipal liability Reversing dismissal of plaintiffs’ excessive force, denial of medical care, and unlawful arrest claims arising from fatal shooting during routine traffic stop; affirming dismissal of remaining claims for unlawful arrest and detention and racial discrimination; and denying as moot motion to … More March 21, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting in part; qualified immunity Dismissing for lack of appellate jurisdiction officers’ appeal of denial of qualified immunity summary judgment on plaintiff’s excessive force claim against one officer, false arrest claim against four officers, and fabrication of evidence claim against another officer, arising from the … More March 9-10, 2023, opinions
Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
Designated for publication per curiam (Richman, King, Higginson), prisoner suit, Eighth Amendment, qualified immunity Reversing in part, affirming in part, and remanding from district court’s summary judgment dismissal of Texas state inmate’s pro se First and Eighth Amendment claims against officials at the Texas Department of Criminal Justice arising out of a housing transfer and … More February 6, 2023, opinion
Designated for publication Willett, J. (Stewart, Willett, Oldham), attorney discipline Granting petition for panel rehearing; withdrawing opinion from November 29, 2022, that had reversed in part, affirmed in part, and remanded from en banc district court’s order of a one-year ban from practice in front of the Eastern District of Louisiana for attorney in BP Deepwater Horizon … More February 3, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Douglas), criminal, restitution Affirming the denial of a motion for adjustment of a restitution order, holding that an inmate’s $1400 stimulus payment under the American Rescue Plan Act was not exempt from being applied toward a restitution order. Unpublished per curiam (King, Stewart, Haynes), criminal, guilty plea Affirming … More January 9, 2023, opinions
Unpublished per curiam (Smith, Barksdale, Haynes), criminal, sentencing, Armed Career Criminal Act Affirming 180-month sentence on conviction of being a felon in possession of a firearm, applying ACCA enhancement based on four prior Texas convictions for aggravated robbery with a deadly weapon. per curiam (Smith, Barksdale, Haynes), criminal, restitution Affirming restitution award for losses stemming … More December 16, 2022, opinions
Designated for publication Haynes, J. (Smith, Barksdale, Haynes), immigration Denying in part and dismissing in part Venezuelan citizen’s petition for review of BIA order denying application for withholding of removal, and protection under the Convention Against Torture. The Court held that the petitioner’s conviction on one count of falsely seeking a tax refund of less … More November 28, 2022, opinions
Unpublished per curiam (Wiener, Elrod, Engelhardt), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 suit as frivolous. per curiam (Higginbotham, Graves, Ho), criminal, compassionate release, restitution Affirming denial of motions for compassionate release and suspension of restitution collection. per curiam (Higginbotham, Graves, Ho), criminal, sentencing Affirming conviction and 200-month sentence for drug and … More November 1, 2022, opinions
Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions
