Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The United States Court of Appeals for the Fifth Circuit affirmed the lower court's dismissal of a bankruptcy adversary complaint. The court upheld the denial of motions for reconsideration and to alter or amend the judgment.
The United States Court of Appeals for the Fifth Circuit affirmed the district court's grant of summary judgment in a sex discrimination and retaliation case. The court held that the plaintiff failed to establish a prima facie case of discrimination and could not prove that the employer's reasons for termination were pretextual.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a pro se litigant who failed to challenge the district court's dismissal of her civil rights complaint. The court denied the motion to proceed in forma pauperis and found the appeal lacked arguable merit due to abandonment.
The United States Court of Appeals for the Fifth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an asylum claim. The court found no error in the lower tribunal's consideration of the petitioner's age or due process arguments.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Dmt MacTruong as frivolous. The court also imposed a monetary sanction and barred the appellant from filing future pro se civil appeals without judicial permission.
The Fifth Circuit reversed the dismissal of a Fourth Amendment claim regarding a police re-entry into a home after officers realized they were at the wrong address. The court affirmed the dismissal of an excessive force claim, finding that pointing a gun at a sleeping couple in this context did not violate clearly established law.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing Antonio Talavera. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing Drue Allen Hollis. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit vacated a district court's denial of a prisoner's Rule 60(b) motion because the motion functioned as an unauthorized successive habeas petition. The court held that the prisoner's claims did not allege a defect in the integrity of the prior proceedings, which is the only exception to the bar on successive petitions.
The Fifth Circuit affirmed Kenric W. Young's conviction and 322-month sentence, finding no plain error in the district court's denial of his suppression motion or its career offender classification. The court held that the officer's reasonable suspicion to conduct a pat-down was supported by the totality of circumstances, including flight and a visible bulge, and that Young failed to prove a realistic probability that his prior state conviction would not qualify as a predicate offense.