Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed the district court's dismissal of a mother's claims that a school board violated federal disability laws by disenrolling her child. The court held that the school board was not responsible for providing special education services because the child did not reside within the district.
The Fifth Circuit affirmed the conviction of a convicted drug trafficker who possessed a firearm in his home. The court held that historical tradition supports disarming dangerous classes, including drug traffickers, even within the home.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a civil rights lawsuit brought by a pro se plaintiff against three Texas state officials. The court held that the plaintiff failed to allege sufficient facts to overcome the defendants' claim of qualified immunity or to establish a justiciable case or controversy for declaratory relief.
The Fifth Circuit affirmed a conviction for attempted murder but vacated the sentence due to an Ex Post Facto violation. The court held that the district court erred by applying a later Sentencing Guidelines Manual that increased the defendant's advisory range.
The Fifth Circuit affirmed the denial of qualified immunity to a police supervisor who ordered officers to compel a civilian employee to leave his home for a drug test. The court held that the supervisor's command violated clearly established Fourth Amendment rights under the totality of the circumstances.
The United States Court of Appeals for the Fifth Circuit denied a petition for review of a Board of Immigration Appeals decision. The court upheld the agency's adverse credibility determination as supported by specific and cogent reasons.
The Fifth Circuit affirmed a conviction for illegal reentry after the defendant argued that police tactics during his arrest violated due process. The court held that the agents' use of military-style equipment did not reach the extremely demanding standard required to dismiss an indictment for outrageous governmental conduct.
The United States Court of Appeals for the Fifth Circuit affirmed a Tax Court dismissal for failure to prosecute. The petitioners failed to appear at trial and did not contest the Commissioner's determination on the merits.
The Fifth Circuit affirmed a career-criminal sentence enhancement despite the defendant's claim that prior convictions were invalid due to the lack of an interpreter. The court held that the absence of an interpreter does not constitute a complete denial of counsel and is therefore barred as a collateral attack under Supreme Court precedent.
The Fifth Circuit vacated the district court's dismissal for lack of standing, finding that plaintiffs alleged a concrete economic injury from paying for unusable water. However, the court affirmed the dismissal for failure to state a claim, ruling that plaintiffs failed to allege constitutionally inadequate process for their billing disputes.