Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit reversed a district court's dismissal of an indictment charging a Roblox user with transmitting threats in interstate commerce. The appellate court held that determining whether online statements constitute unprotected true threats requires a trial to resolve disputed factual questions about context and intent.
The Fifth Circuit reversed the district court's grant of summary judgment for protest organizer DeRay Mckesson, holding that sufficient evidence exists for a jury to determine if his negligence in leading a violent protest proximately caused injuries to Officer John Ford. The court emphasized that after eight years of litigation, the case must proceed to trial to resolve factual disputes regarding Mckesson's leadership role and the foreseeability of the violence.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Deray Eugene Morgan after finding no nonfrivolous issues for appeal. The court dismissed the defendant's criminal appeal following a review of the record and the counsel's Anders brief.
The Fifth Circuit affirmed the district court's dismissal of a pro se plaintiff's civil rights claims, upholding the lower court's application of Federal Rule of Civil Procedure 12(b)(6). While the appellate court applied a liberal construction to the appellant's arguments, it found no reversible error in the dismissal of the case.
The Fifth Circuit affirmed the defendant's life sentence for drug trafficking and murder-for-hire, ruling that evidence of prior drug dealings was intrinsic to the charged conspiracy. The court further held that the district court did not commit plain error by omitting a jury instruction on the overt act element of the murder-for-hire conspiracy.
The Fifth Circuit reversed a district court's dismissal of a pro se plaintiff's Title VII racial discrimination lawsuit, holding that his complaint adequately alleged hostile work environment and retaliation claims. The court emphasized that pro se pleadings must be liberally construed and need not meet the strict standards of formal legal drafting to survive a motion to dismiss.
The Fifth Circuit affirmed the bankruptcy court's ruling that individual purchase orders under a master supply agreement are divisible contracts, allowing a debtor to retain indemnification rights for completed transactions. This decision clarifies that when parties negotiate distinct terms for each order, those orders remain separate from the overarching master agreement for bankruptcy assignment purposes.
The Fifth Circuit vacated a certificate of appealability because it failed to indicate a substantial showing of the denial of a constitutional right as required by federal statute. The court dismissed the appeal because the petitioner's sole claim was for actual innocence, which is not cognizable under federal habeas corpus review.
The Fifth Circuit affirmed the defendant’s conviction for possession of methamphetamine with intent to distribute, rejecting his argument that officers lacked reasonable suspicion to prolong a traffic stop. The court held that viewing the evidence in…
The Fifth Circuit affirmed the dismissal of a couple's Section 1983 claims alleging false and retaliatory arrest, ruling that police officers had probable cause for both incidents. The court held that the plaintiffs failed to overcome the qualified immunity defense because the officers' actions did not violate clearly established law.