Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed the dismissal of a former city employee's due process claims, ruling that her at-will employment status negated any protected property interest in her job. The court further held that her substantive due process claim was time-barred because the termination became final upon receipt of the notice, not after the internal appeal process concluded.
The Fifth Circuit affirmed the dismissal of a former police officer's employment discrimination claims because his amended complaint failed to plead sufficient facts to support his theories of retaliation and hostile work environment. The court held that the officer could not rely on a declaration attached to his appellate response to cure factual deficiencies in his original pleading regarding the context of his social media post.
The Fifth Circuit reversed Elijah Martin's convictions under 18 U.S.C. § 922(g)(1), holding the statute unconstitutional as applied to him because his predicate offenses were simple drug possession. The court found the government failed to demonstrate a sufficient historical tradition for disarming individuals based on non-violent drug possession under the Bruen test.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after determining the case presented no nonfrivolous issues for review. The court concurred with the attorney's assessment under the Anders standard, leaving the district court's judgment in effect.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court concurred with counsel's assessment that the case presented no grounds for appellate reversal under the Anders standard.
The Fifth Circuit affirmed the denial of a debtor's motion to void bankruptcy property sales, ruling that individual debtors lack standing under 11 U.S.C. § 363(n) to pursue claims reserved for trustees. The court further held that the debtor's attempt to reopen the sales was barred by res judicata and statutory time limits.
The Fifth Circuit dismissed the petition for review regarding a waiver of the joint filing requirement due to a lack of jurisdiction over the underlying credibility findings. The court denied relief for cancellation of removal because the petitioner failed to maintain lawful permanent resident status at the time of his application.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's lawsuit, ruling that her claim based on a personally-created bill of exchange was patently frivolous. The court held that such instruments are not legitimate forms of payment for vehicle debts and warned the plaintiff against future abusive filings.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Lonnie Caldera after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the defendant's conviction intact without further appellate review.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court concurred with the attorney's assessment that the case lacked arguable grounds for reversal under the Anders standard.