545 results for 'court:"5th Circuit"'.
J. Smith finds the district court properly convicted defendant for distributing child pornography. A large collection of pornography was found at the home defendant shared with his parents after agents detected suspicious activity from an IP address in the home. Though defendant had been diagnosed with autism spectrum disorder and schizophrenia, he was found competent to stand trial. There was a "genuinely mixed bag" of evidence from skilled witnesses as to the nature of defendant's mental illness, providing for no plain determination, and, therefore, deferment must be made to the district court’s "reasonable assessment of the complex record." Affirmed in part.
Court: 5th Circuit, Judge: Smith , Filed On: April 25, 2024, Case #: 22-50987, Categories: Competence, Witnesses, Child Pornography
J. Dennis, in this interlocutory discovery appeal, finds the district court properly affirmed the magistrate's ruling the non-party genetic testing services failed to establish privilege. An owner of a testing facility was indicted for fraud and offering kickbacks related to services for Medicare beneficiaries. A protocol order challenged by the non-parties, which required a filter team to review their documents material to the indictee owner's defense, is not the basis for the magistrate's decision. The non-parties are required to sustain assertions of privilege under standards of federal common law. The magistrate correctly found the non-parties’ privilege logs “do not provide a description for the documents...to explain why each should be protected.” Affirmed.
Court: 5th Circuit, Judge: Dennis, Filed On: April 24, 2024, Case #: 22-30316, Categories: Dna, Fraud, Discovery
J. Higginson finds the district court properly found the owner of the unpowered drillship to be liable for the ship's moorage breakaway during Hurrican Harvey. Maritime negligence law, rather than a "towage law," was appropriately applied in the court's holding the force majeure contract defense was not available to the ship owner in relation to the tugboat owner hired to tend to the ship during the storm. The tugboat owner also had expressly refused to agree to the terms of the agreement for provision of services. Because the tugboat owner had supplied another vessel to monitor the ship after the breakaway, and that tug failed to stop the vessel’s allision with a University of Texas pier, the court correctly found both owners were equally liable for damages suffered by the school. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: April 24, 2024, Case #: 23-40209, Categories: Maritime, Damages, Negligence
J. Davis finds the district court improperly dismissed the disabled, black employee's discrimination and retaliation claims. The employee was hired to work within the county's drug trafficking division. His request to work remotely in 2020, to avoid contracting COVID after throat surgery, being in remission from cancer, was denied by his supervisor. The employee was placed on administrative leave after complaining of this and an internal data breach involving his family, and was allegedly told to remove religious garments during a later discussion with his supervisor. The district court incorrectly determined that the employee failed to produce evidence that he informed the county of his disabilities or that he requested accommodation. Furthermore, the district court failed to treat the drug trafficking division as the same entity as the county. Vacated.
Court: 5th Circuit, Judge: Davis , Filed On: April 24, 2024, Case #: 23-10872, Categories: Government, Employment Discrimination, Employment Retaliation
J. Jolly finds the district court improperly dismissed the former prisoner's assault claim under the Federal Tort Claims Act after prison officials allegedly physically restrained and beat him. The district court held his injuries were minor and not legally cognizable. The applicable tort law does not bar claims based on minor injuries. Reversed.
Court: 5th Circuit, Judge: Jolly , Filed On: April 24, 2024, Case #: 22-30294, Categories: Tort, Police Misconduct, Prisoners' Rights
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Consolidated.] J. Ramirez finds the district court properly convicted defendants for money laundering based on sufficient evidence. DEA agents observed defendants carrying suitcases that were later found to contain large amounts of cocaine and $269,000 in cash, and they later found $432,000 hidden in a house associated with the organization. Although defendants' motion to suppress certain evidence alleged a warrantless search, the affidavit did not establish the search occurred without a warrant. Furthermore, defendants' motion for a new trial was properly dismissed as untimely. Affirmed.
Court: 5th Circuit, Judge: Ramirez , Filed On: April 23, 2024, Case #: 22-40570, Categories: Drug Offender, Evidence, Money Laundering
J. Elrod denies the Honduran native's petition for review of the board's denial of her applications for asylum. The mother and her three children entered the U.S. without documentation and conceded removability before applying for asylum. The mother claims Honduran gangs used an empty lot behind her home to torture, kill and bury victims, subjecting her family to sounds of screaming and the smell of rotting corpses. She still fails to show past persecution or a well-founded fear of persecution. She also fails to present evidence supporting her claim a board member demonstrated partiality by not requiring the government to file a brief.
Court: 5th Circuit, Judge: Elrod , Filed On: April 19, 2024, Case #: 22-60479, Categories: Immigration, International Law, Judiciary
Per curiam, the circuit finds the district court properly dismissed the complaint. The clean-up worker associated with the Deepwater Horizon oil spill, never having received notice he was part of the approved medical class, developed heart issues his physicians attributed to weight. The complaint does not plausibly allege that had the worker made a reasonable inquiry at the time of his diagnosis he would likely not have found he was part of the class, or able to show a causal connection between his exposure and symptoms. The claims are untimely.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 19, 2024, Case #: 23-30552, Categories: Health Care, Tort, Class Action
Per curiam, the circuit finds the district court improperly denied the inmate's motion for compassionate release. The inmate suffers from a pituitary macroadenoma, a malignant brain tumor. The district court did not give the necessary “specific factual reasons for its decision,” summarily mentioning only factors and pleadings. The record is insufficient to review the inmate's claim she suffers from terminal cancer, and for which she has received inadequate care. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-50400 , Categories: Health Care, Due Process, Prisoners' Rights
J. Duncan finds the district court properly granted summary judgment in favor of the Coast Guard. A competitor of the dredging barge owner challenged a Coast Guard ruling the barge was made in the U.S., allowing for its use in U.S. waters. Though the vessel used foreign-made appliances, the Coast Guard correctly ruled the barge is considered to be U.S.-built. The court properly deferred to the Coast Guard’s reasonable interpretation of its own regulations, and the ruling is not arbitrary or capricious. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: April 17, 2024, Case #: 23-20118, Categories: Government, Maritime
J. Duncan finds the bankruptcy court improperly found the borrower's debt to be dischargeable. The court found certain limiting language in the applicable code means that listed non-dischargeability exceptions apply only to an individual debtor and not to an LLC. However, Fourth Circuit precedent shows the bankruptcy code subchapter at issue is a compromise that allows small business debtors certain specific benefits while still subjecting them to dischargeability exceptions also applicable to individual debtors. Reversed.
Court: 5th Circuit, Judge: Duncan , Filed On: April 17, 2024, Case #: 23-50237, Categories: Bankruptcy, Banking / Lending
Per curiam, the circuit finds the district court properly rendered judgment against a donut shop. The Cambodian immigrant's employment was allegedly in violation of the Trafficking Victims Protection Act, involving forced labor. Sufficient evidence shows the immigrant worked long hours for very low pay over a period of years, while being threatened with deportation. Sanctions were properly imposed on the immigrant's counsel for discovery violations and for filing fraudulent abstracts of judgment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 22-40383, Categories: Immigration, Sanctions, Labor
J. Stewart finds the district court properly dismissed the Texas inmate's second-in-time petition for lack of jurisdiction. Convicted for continuous sexual abuse, indecency with a child and sexual contact, and possession of child porn, the inmate says that though his first-in-time petition was still pending on appeal when his second-in-time habeas petition was filed, the second filing should have been construed as a motion to amend. Consistent with statutory and Supreme Court guidance, the inmate's second-in-time petition was successive, and subject to the court’s transfer order for lack of jurisdiction absent authorization to file. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: April 15, 2024, Case #: 21-11031, Categories: Habeas, Sex Offender, Child Victims
Per curiam, the circuit finds the district court properly found for a casino owner on a casino patron allegations that while she was playing a slot machine, she was hit by a casino-owned motorized scooter operated by another patron who had rented it. Resolution of the claimant's issues, including whether the owner rented the scooter or owed a duty of care, would not affect the outcome. No evidence of any factual dispute has been offered. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 15, 2024, Case #: 23-60499, Categories: Negligence, Premises Liability
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: Elections, Government, Employment Retaliation
J. Duncan finds the district court properly convicted defendant for possessing an unregistered destructive device. Defendant was arrested after his sister reported he assaulted her boyfriend, also telling police he had a pipe bomb in his closet. Though an explosives expert determined it was a bomb, improvised with material harvested from fireworks, defendant says the government did not prove it was designed as a weapon. The affirmative defense, according to certain case law and code exception, is not an element of the crime. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: April 12, 2024, Case #: 23-40098, Categories: Evidence, Weapons
Per curiam, the circuit finds the district court improperly found for the Texas Department of Criminal Justice on a Muslim inmate's claims related to group showering and cell restrictions that prevent him from praying in peace. The inmate presented evidence Jewish- and Native-American-designated units allowed for 6 hours per week of religious programming, compared to 1 hour for Muslim inmates. He also proposed Muslim inmates could use recorded material, bypassing the need for a volunteer instructor. The matters require review. Though justice department policy states that services requiring inmates to take Christian classes “may be offered as electives but shall not be mandated,” the inmate says the policy was revised mid-litigation. The district court did not address these points. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 22-40116, Categories: Constitution, Prisoners' Rights
Per curiam, the circuit finds the district court improperly denied the officers qualified immunity on the arrestee's unlawful prolonged arrest claim. The officers forcefully arrested the truck driver who was parked on private property behind a strip mall, napping. The driver spoke only broken English and was unsure if the officers were real police, which resulted in his resisting arrest. Though the driver says he lacked the requisite mental state to commit the offense of failure to comply, his blatant refusals to exit his vehicle, pulling away from the officers and flailing his arms illustrate his culpability. The court's denial of qualified immunity on the claims of illegal search, excessive force and failure to intervene are affirmed. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 23-50268, Categories: Civil Rights, Police Misconduct
Per curiam, the circuit finds the district court properly struck the black citizens from the jury pool. Though a jury pool member says he was the only one asked if he knew the black defendant, he cannot show the prosecutors dismissed him solely for racial reasons. No constitutional violation is shown. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 22-30687, Categories: Constitution, Jury
J. Stewart finds the district court properly declined to enjoin San Antonio's park development tree removal plans. Members of the Lipan-Apache Native American Church say the city's plan prevented them from performing essential religious ceremonies. Though the court ordered the city to provide access to the area, the city had appointed qualified arborists to evaluate which trees needed to be removed because of construction restrictions and ensured bird deterrence measures are not aimed at preventing the presence of birds. The church members have not demonstrated they are likely to prevail on their claim the district court's only partial grant of their motion for a preliminary injunction was improper. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: April 11, 2024, Case #: 23-50746, Categories: Constitution, Municipal Law, Native Americans
J. Ramirez vacates the district court's denial of a motion for a preliminary injunction filed by Indian nationals who challenge the Secretary of State's distribution of visas. Because visa demand was high, the nationals' applications were held in abeyance until visa numbers were available - a delay they challenge. However, U.S. code governing discretionary relief prevents federal courts from hearing a challenge to the department's hold policies, as the actions are left to the discretion of the Attorney General. Vacated.
Court: 5th Circuit, Judge: Ramirez , Filed On: April 9, 2024, Case #: 23-40398, Categories: Government, Immigration, Agency
J. Higginson finds the district court properly found for the county on an estate's claim it failed to protect a pretrial detainee from a fatal attack by his cellmate. Though the estate's expert identified jail procedures that purportedly led to the death, the expert was designated on the day of the new discovery deadline, and the order extending the deadline had not extended that for expert designation. Therefore, the expert designation was untimely. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: April 8, 2024, Case #: 23-60310, Categories: Constitution, Wrongful Death, Prisoners' Rights
Per curiam, the circuit finds the district court properly denied the inmate's request for a restitution stay. The inmate was convicted for mailing explosives to President Obama, Texas Governor Abbott, and the Social Security Commissioner. She has not presented a basis for relief. Though her request for compassionate release was denied on jurisdictional grounds, the circuit had denied her request for a certificate of appealability, which gave the district court jurisdiction to decide her compassionate release motion. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-20209, Categories: Sentencing, Restitution, Terrorism
J. Douglas denies the environmental advocacy group's petition for review of the Maritime Administration Agency's approval of the construction of a deepwater oil port. The agency adequately considered extensive reports, studies and public commentary involving the environmental consequences of the facility before approving port.
Court: 5th Circuit, Judge: Douglas , Filed On: April 4, 2024, Case #: 23-60027, Categories: Energy, Environment, Maritime
J. Graves finds the district court properly granted summary judgment in favor of Michaels. The customer brought this negligence suit after slipping and falling inside the store on a rainy day. The customer's declaration, photos, testimony, as well as a security video not showing the area where the customer slipped, did not create a genuine dispute of material fact as to notice. A statement recounted by the customer from an unidentified staff member regarding how the staff had been mopping up water all day is hearsay. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: April 4, 2024, Case #: 23-30393, Categories: Evidence, Negligence, Premises Liability
J. Oldham finds the bankruptcy court improperly held the company in civil contempt and ordered it to pay $239,000 in compensatory damages. The capital management company filed for bankruptcy and its founder objected to a $300 million unsecured claim settlement. The founder filed suit in the district court through another of his companies, alleging the company involved in bankruptcy withheld material information and engaged in self-dealing related to the settlement. The other company then moved for leave to amend to add the bankruptcy restructuring officer as a defendant. The bankruptcy court found the motion constituted “pursu[it] of a claim” against the officer in violation of his order. Fees awarded to the company involved in bankruptcy bore no connection to redressing the other company's decision to file the motion in the wrong court. Vacated.
Court: 5th Circuit, Judge: Oldham , Filed On: April 4, 2024, Case #: 22-11036, Categories: Bankruptcy, Contempt, Sanctions
J. Willett finds the district court properly ruled in favor of the construction retaining wall manufacturer. The successor to the company that purchases and sells the walls says the manufacturer defrauded the original company by selling certain products to competitors. The successor seller brought its claims after limitations. Once the manufacturer allegedly breached the exclusivity agreement, the seller had an actionable claim. Any subsequent third-party sales would have only added to existing damages. The limitations period began to run upon the initial alleged breach. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: April 3, 2024, Case #: 23-50123, Categories: Fraud, Contract
Per curiam, the circuit finds the district court properly found in favor of the officers on qualified immunity grounds. Police responded to a call of a suspicious vehicle at an apartment complex to find an SUV parked with 2 occupants sleeping inside. A run of the tags revealed the SUV was stolen. Two officers fired at the vehicle after it suddenly backed into a cruiser, then moved forward, hitting a fence with significant force. Officers thought to have been behind the SUV when it moved were not in the line of sight of the officers who fired, and no clear right was violated by the officers. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 22-10876, Categories: Constitution, Police Misconduct
Per curiam, the Fifth Circuit finds the district court properly dismissed the voters’ suit challenging Texas’ use of electronic voting machines. The generalized grievance that all voters’ votes are made vulnerable by the machines does not confer standing. Though certain of the voters ran for office, and one currently holds office, candidate-specific injuries exist nowhere in the complaint. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 23-10936, Categories: Civil Rights, Elections, Government