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The Fifth Circuit affirmed the dismissal of a plaintiff's claim that the City of Corpus Christi selectively enforced building codes against her historic property in violation of the Equal Protection Clause. The court held that the plaintiff failed to plead sufficient facts to establish a municipal policy or custom of discrimination under Section 1983.
The Fifth Circuit granted appointed counsel's motion to withdraw after determining the defendant's appeal raised no non-frivolous issues. The court dismissed the criminal appeal and excused counsel from further responsibilities.
The Third Circuit affirmed the dismissal of a pro se appeal challenging a mortgage foreclosure involving dozens of defendants. The court held that the appellants forfeited most claims by failing to address them in their brief and that their remaining fraud and RICO allegations were barred by res judicata and the Rooker-Feldman doctrine.
The Ninth Circuit denied the petition for rehearing en banc, leaving in place a panel decision that set aside the Department of Homeland Security's termination of Temporary Protected Status for Haiti and Venezuela. The court reaffirmed that the statutory judicial review bar does not shield the Secretary's actions from challenge when she exceeds her statutory authority by vacating prior designations.
The Ninth Circuit denied a petition for review of an immigration decision because the petitioner failed to exhaust her asylum and withholding of removal claims before the Board of Immigration Appeals. The court also found that substantial evidence supported the denial of relief under the Convention Against Torture.
The United States Court of Appeals for the Federal Circuit dismissed three patent appeals filed by Carbyne Biometrics against Apple Inc. following a mutual agreement between the parties. The court ordered that each side shall bear its own costs.
The Sixth Circuit affirmed the dismissal of a wrongful death complaint alleging that prison officials were deliberately indifferent to an inmate's serious dental needs. The court held that the plaintiff failed to plead facts supporting a claim of conscious disregard of a medical need and lacked a causal link between alleged staffing policies and the specific injury.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Byron Tremaine Hawkins, Jr., finding no nonfrivolous issues for appeal. The court dismissed the appeal because the existing record was insufficient to fairly evaluate the defendant's claim of ineffective assistance of counsel.
The Third Circuit summarily affirmed the District Court's order remanding a foreclosure and ejectment dispute to state court for lack of subject matter jurisdiction. The appellate court held that neither federal question jurisdiction nor diversity jurisdiction existed because the underlying state claims did not present federal issues and the parties were not completely diverse.
The Seventh Circuit vacated a district court's dismissal of a pretrial detainee's failure-to-protect claim, ruling that the lower court erred in treating defendant-authored documents as incontrovertible contradictions of the plaintiff's allegations. The appellate court held that the attached grievance responses did not definitively refute the detainee's claim that officials had a record of a keep-separate order.
