Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), qualified immunity, municipal liability, Fourth Amendment, § 1983 Dismissing appeal in part for want of appellate jurisdiction over appeals of denial of summary judgment on punitive damages claim, the summary judgment to police officer on Fourth Amendment search claim, and the summary judgment to the City and … More July 30-31, 2024, opinions
Designated for publication Douglas, J. (Graves, Higginson, Douglas), Fair Labor Standards Act Granting petition for panel rehearing, and substituting new opinion in place of August 16, 2023, panel opinion that had affirmed the district court’s order certifying a collective action under the FLSA for a claim by the facility’s drug rehabilitation patients who were assigned … More February 9, 2024, opinions
Designated for publication Duncan, J. (Smith, Higginson, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of stay for habeas petitioner to return to state court to exhaust a procedurally defaulted IAC claim, denying additional certificate of appealability on IAC claim, and affirming denial of habeas relief on petitioner’s claim that state trial judge committed … More January 15-17, 2024, opinions
Designated for publication Higginson, J. (Graves, Higginson, Ho), Ho, J., dubitante; criminal, sentencing, Brady violation On remand from the U.S. Supreme Court, re-affirming defendant’s conviction of aggravated identity theft under 18 U.S.C. § 1028A under the new “crux of the criminality” standard from U.S. v. Dubin, 599 U.S. 110 (2023), and affirming the district court’s … More December 1, 2023, opinions
