Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

Police officers in Rosenberg, Texas conducted a high-risk stop of a white Dodge Charger matching the description of a vehicle involved in a report of armed suspects. The only occupants were Michael Lewis and Regina Armstead, an elderly couple. Lewis had a dialysis-related stent in his left forearm, which could be damaged by placing handcuffs on that arm. During the stop, Lewis was handcuffed for about six minutes, reportedly experiencing pain. He later discovered his stent had been damaged and required surgery. Armstead informed an officer that Lewis was a dialysis patient, and Lewis claimed he told officers about his condition both before and after being handcuffed, though his statements were inconsistent.Lewis and Armstead filed suit in the United States District Court for the Southern District of Texas against the City, the police department, and the officers, including an excessive force claim. After a magistrate judge’s recommendation, the district court granted qualified immunity on most claims but denied it on Lewis’s excessive force claim against the five officers, finding a genuine dispute of material fact as to when the officers were informed about Lewis’s medical condition. The officers appealed the denial of qualified immunity.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s denial of qualified immunity de novo. The Fifth Circuit held that the officers did not violate any clearly established law by briefly handcuffing Lewis during a high-risk stop, regardless of whether they had advance notice of his medical condition. The court found that relevant precedent did not place the constitutional question beyond debate under the circumstances, and thus, the officers were entitled to qualified immunity. The Fifth Circuit reversed the district court’s denial of qualified immunity. View "Lewis v. Delgado" on Justia Law

Tony Lee Johnson, a convicted felon on supervised release, was arrested by law enforcement officers after he violated his release conditions by failing drug tests. The arrest was executed at Johnson’s residence when he and his girlfriend, Beatrice Simmons, were found in his vehicle. After Johnson was removed and arrested, Simmons was temporarily detained but not handcuffed. Officer Pringle, suspecting Johnson might be hiding something, conducted a warrantless search of the vehicle's driver area and center console, discovering a loaded handgun. Simmons stated she was unaware of the firearm and confirmed she was on parole for a prior drug offense.The United States District Court for the Northern District of Texas held a hearing on Johnson’s motion to suppress the handgun, which he argued was seized in violation of his Fourth Amendment rights. The district court denied the motion, finding the search constitutional under the protective-sweep exception outlined in Michigan v. Long, reasoning that Simmons posed a potential threat to officer safety due to her criminal history, relationship with Johnson, and emotional proximity to the arrest. Johnson then entered a conditional guilty plea, reserving his right to appeal the denial of the suppression motion, which led to his appeal to the Fifth Circuit.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s factual findings for clear error and legal conclusions de novo. The Fifth Circuit held that the warrantless search was not justified under the protective-sweep exception because no specific, articulable, contemporaneous facts suggested Simmons was potentially dangerous or would access a weapon. The court reversed the district court’s denial of the suppression motion and vacated Johnson’s conviction and sentence. View "United States v. Johnson" on Justia Law

The case concerns an incident in which Yoni Perdomo, after being terminated from a residential remodeling job, returned to the worksite to retrieve his tools and seek unpaid wages. When the general contractor refused payment and asked Perdomo to leave, Perdomo called the police. Officers from the League City Police Department arrived and, after a brief interaction during which Perdomo became frustrated, Perdomo physically slammed his back into one of the officers. Officer Rector then tackled Perdomo to the ground, resulting in Perdomo suffering serious injuries when his head struck the concrete. The officers called for medical assistance within seconds.Perdomo filed suit in the United States District Court for the Southern District of Texas against the officers, the police department, and the city, alleging violations under 42 U.S.C. § 1983 and state law claims, including excessive force, false arrest, and deliberate indifference to medical needs. The district court dismissed all claims under Rule 12(b)(6), finding that body camera footage contradicted Perdomo’s account and showed that the officers acted reasonably, entitling them to qualified immunity.The United States Court of Appeals for the Fifth Circuit reviewed the dismissal de novo. The appellate court agreed that the video evidence contradicted Perdomo’s version of events, showing him as aggressive and not compliant. The court held that the officers’ use of force was reasonable under the circumstances, that probable cause existed for Perdomo’s arrest, and that the officers were not deliberately indifferent to his medical needs. The city and police department could not be liable absent an underlying constitutional violation. State law claims were also barred by immunity. The Fifth Circuit affirmed the district court’s dismissal of all claims. View "Perdomo v. City of League City, TX" on Justia Law

Several individuals and organizations sought to circulate a petition to place a campaign finance ordinance on Houston’s ballot, but the city’s charter at that time required petition circulators to be both residents and registered voters of Houston. The plaintiffs did not meet these requirements. They notified the city of their intent to circulate petitions and challenge the constitutionality of the residency and voter registration requirements. The city initially did not clarify its position but later stated it would not enforce the challenged provisions. Despite this, the plaintiffs filed suit in federal court, seeking injunctive and declaratory relief, arguing that the requirements were unconstitutional under Supreme Court precedent.The United States District Court for the Southern District of Texas first granted the plaintiffs a temporary restraining order barring enforcement of the requirements. After the petition circulation period ended, the court dismissed the claims as moot following a stipulation by the parties. The plaintiffs moved to alter or amend the judgment, which was denied. On appeal, the Fifth Circuit reversed, holding that the plaintiffs had standing and that the case was not moot, and remanded for further proceedings. On remand, the district court granted the plaintiffs declaratory relief and, after the city repealed the challenged provisions, awarded the plaintiffs attorneys’ fees as prevailing parties. However, in a subsequent appeal, a different Fifth Circuit panel concluded there was no case or controversy because all parties agreed the provisions were unconstitutional, vacated the judgment, and remanded for dismissal.On remand, the district court vacated the attorneys’ fees award and ordered reimbursement to the city. The United States Court of Appeals for the Fifth Circuit affirmed this ruling, holding that after the prior appellate decision vacated the underlying merits judgment for lack of a case or controversy, there was no basis for a fee award under Rule 60(b)(5). The court also clarified that the city was not required to appeal the fee award directly, and the plaintiffs’ claims of prejudice were unavailing. View "Pool v. City of Houston" on Justia Law

After the Texas Legislature passed the Election Protection and Integrity Act of 2021 (“S.B.1”), a sweeping law that amended numerous aspects of the state’s election procedures, multiple groups of plaintiffs—including civil rights and voter advocacy organizations—challenged thirty-eight provisions of the law. They alleged violations of various constitutional amendments, the Voting Rights Act (VRA), the Americans with Disabilities Act (ADA), and the Rehabilitation Act, naming state officials including the Texas Secretary of State and Attorney General as defendants.In the United States District Court for the Western District of Texas, the defendants moved to dismiss on grounds of sovereign immunity and lack of standing. The district court addressed the motions on a provision-by-provision basis, concluding that the Secretary and Attorney General were sufficiently connected to the enforcement of most challenged provisions to overcome sovereign immunity under Ex parte Young, and that plaintiffs had standing to sue. It denied the motions to dismiss for the majority of the claims, although it dismissed others as moot, for lack of standing, or for failure to state a claim. The defendants appealed the denials.The United States Court of Appeals for the Fifth Circuit held it had appellate jurisdiction over the interlocutory sovereign immunity appeals. On the merits, the Fifth Circuit affirmed in part and reversed in part. It held that the VRA claims were not barred by sovereign immunity. For the constitutional and other statutory claims brought under 42 U.S.C. § 1983, the court determined that the Secretary of State is a proper defendant only for those provisions she directly enforces—such as those involving the design of forms and sanctioning of registrars—and not for those enforced by other officials. Similarly, it held the Attorney General could be sued only for one provision authorizing civil penalties. The court affirmed standing for claims against provisions enforced by these officials. View "Un del Pueblo Entero v. Nelson" on Justia Law

On July 29, 2007, Noel Dean’s wife, Shannon, died from a gunshot wound at their home after she became severely intoxicated and after Noel confronted her with evidence of an affair. Noel reported that Shannon shot herself, but law enforcement suspected homicide. The next day, Dr. Darshan Phatak, an assistant medical examiner, performed the autopsy. Initially, he could not determine whether the death was a homicide or suicide and marked the cause as “pending.” After meeting with colleagues and reviewing police interviews and other evidence, Dr. Phatak concluded the gun’s orientation at the time of the shooting was inconsistent with Noel’s account and classified the death as a homicide in the official autopsy report. This report contributed to Noel’s arrest and indictment for murder. During a subsequent trial, photographic overlays created by Dr. Phatak’s supervisor suggested the gun orientation matched Noel’s story, prompting a change in the autopsy report’s classification to “undetermined” and a dismissal of charges.Noel Dean then filed a civil rights lawsuit under 42 U.S.C. § 1983, alleging Dr. Phatak intentionally fabricated the autopsy report. The United States District Court for the Southern District of Texas denied Dr. Phatak’s summary judgment motion based on qualified immunity, relying on allegations rather than evidence. On initial appeal, the United States Court of Appeals for the Fifth Circuit vacated and remanded for proper consideration of the summary judgment record. After further briefing and significant delay, the district court again denied summary judgment, applying a “deliberate indifference” standard.On this second interlocutory appeal, the United States Court of Appeals for the Fifth Circuit held that the district court applied the wrong legal standard by using a “deliberate indifference” test rather than determining whether a rational juror could find Dr. Phatak intentionally misstated his conclusions. The appellate court vacated the denial of summary judgment and remanded for reconsideration under the correct standard. View "Dean v. Phatak" on Justia Law

Juan Carlos Alvarez, a member of the Southwest Cholos gang, was convicted of capital murder for his involvement in two separate fatal shootings in Houston, Texas in June 1998. The first incident resulted in the deaths of Adrian and Michael Aguirre at an apartment complex, while the second led to the murder of sixteen-year-old Jose Varela and Hugo Perez. Alvarez was identified through eyewitness accounts, testimony from co-participants, forensic evidence, and his own admissions to police. The prosecution presented overwhelming evidence, including ballistics linking Alvarez’s firearm to the shootings and DNA evidence connecting his shotgun to one of the victims. At trial, Alvarez was represented by two attorneys; the defense focused on challenging witness credibility and provided mitigation evidence through family members and a psychologist.On appeal, Alvarez’s counsel raised numerous claims in the Texas Court of Criminal Appeals (TCCA), which affirmed the conviction and death sentence. Subsequent state habeas proceedings involved multiple attorneys and filings, including claims of ineffective assistance of counsel and issues regarding consultation with the Mexican consulate. Alvarez also asserted the introduction of tainted DNA evidence and misconduct by the Houston Crime Lab. The TCCA dismissed some of these habeas applications as an abuse of the writ, finding certain claims procedurally barred. Alvarez then sought federal habeas relief in the United States District Court for the Southern District of Texas, which denied all claims and refused to grant investigative funding or a certificate of appealability.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s denial of habeas relief, analyzing three certified claims: deprivation of counsel due to one attorney allegedly sleeping during trial, ineffective assistance for failing to present additional mitigation evidence, and claims regarding tainted DNA evidence. The Fifth Circuit held that Alvarez was not constitutionally deprived of counsel since his second attorney was actively engaged, and there was no unreasonable application of federal law or unreasonable factual determination by the state courts. It also found no ineffective assistance in the mitigation phase and concluded the DNA-related claims were procedurally barred and, alternatively, meritless. The Fifth Circuit affirmed the district court’s judgment denying habeas relief. View "Alvarez v. Guerrero" on Justia Law

Antonio Campuzano, a Mexican citizen and lawful permanent resident of the United States, was convicted in Texas for “Indecency with a Child Sexual Contact” pursuant to Texas Penal Code § 21.11. After his conviction, the Department of Homeland Security initiated removal proceedings, alleging that his offense was a “crime of child abuse” under 8 U.S.C. § 1227(a)(2)(E)(i). During removal proceedings, the government submitted various documents, including a police report and an order of deferred adjudication, to prove Campuzano’s conviction. Campuzano admitted to his citizenship status but contested the admissibility and authentication of the conviction records and denied that his conviction constituted a crime of child abuse under the INA.The Immigration Judge (IJ) denied Campuzano’s motions to terminate proceedings and overruled his evidentiary objections, finding him removable and denying his application for cancellation of removal. The IJ ordered him removed to Mexico. Campuzano appealed to the Board of Immigration Appeals (BIA), challenging the admission of conviction records, the categorical classification of his offense as a crime of child abuse, and the denial of cancellation. The BIA dismissed his appeal, holding that the methods of authenticating conviction records in 8 U.S.C. § 1229a(c)(3)(C) are not mandatory or exclusive, and that his Texas conviction is categorically a crime of child abuse under federal law.Campuzano then petitioned for review in the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit held that the authentication methods set forth in § 1229a(c)(3)(C) are not mandatory or exclusive, and that Texas Penal Code § 21.11(a)(1) is categorically a crime of child abuse for immigration purposes. The court denied Campuzano’s petition for review, affirming his removability. View "Campuzano v. Bondi" on Justia Law

A Singapore-based company that supplies offshore vessels entered into a charter agreement with a Mexico-based marine oil and gas company. The agreement allowed the Mexican company to charter a vessel for eighteen months, with provisions for termination if payments were not made and an obligation to redeliver the vessel at the end of the term. After the charter expired, the Singaporean company alleged that the Mexican company failed to pay required fees and did not return the vessel, leading to arbitration in Singapore. The arbitrator awarded the Singaporean company damages and ordered the vessel’s return, but the Mexican company did not comply. Meanwhile, an email revealed that the Mexican company was set to receive a large refund from a third party, to be sent to a U.S. bank account in the name of a related U.S. entity.The Singaporean company filed suit in the United States District Court for the Southern District of Texas, seeking to attach the funds in the U.S. account as security for the arbitration award under federal maritime law and, later, Texas state law. The district court initially granted the writ of garnishment, but after limited discovery, vacated the writ, finding no evidence that the Mexican company owned the funds in the U.S. account. The district court also denied the plaintiff’s request for leave to amend its complaint to assert an alter ego theory, which would have permitted attachment based on state law.On appeal, the United States Court of Appeals for the Fifth Circuit held that the district court abused its discretion by failing to consider relevant evidence and legal standards regarding ownership and control of the funds. The appellate court also determined that the district court erred in denying leave to amend without adequate explanation. The Fifth Circuit vacated the district court’s order and remanded the case, instructing the district court to allow the plaintiff to amend its complaint. View "CH Offshore v. Mexiship Ocean" on Justia Law

Three business entities and individuals associated with the operation of a retail store in Cedar Park, Texas, were subject to enforcement under a city ordinance banning “head shops”—stores selling items commonly used to ingest or inhale illegal substances. After receiving notices from the City, two of the appellants were charged in municipal court and fined for violating the ordinance, while the third appellant, a related business entity, was not charged. Following the municipal court’s judgment, the two charged parties appealed for a trial de novo in the county court, which annulled the municipal court’s judgment and began new criminal proceedings. They also pursued state habeas relief, which was still ongoing at the time of this appeal.Separately, the appellants filed a lawsuit in the United States District Court for the Western District of Texas, challenging the ordinance’s validity and constitutionality under federal and state law, and seeking declaratory and injunctive relief. The district court dismissed all claims as barred by the doctrine announced in Heck v. Humphrey, which precludes certain civil claims that would imply the invalidity of existing criminal convictions. The district court also dismissed a distinct claim related to termination of utility services.On appeal, the United States Court of Appeals for the Fifth Circuit held that because the municipal court’s judgments were annulled by the trial de novo and criminal proceedings were still pending under Texas law, there were no outstanding convictions to trigger the Heck bar. Thus, the Fifth Circuit reversed the district court’s dismissal of the claims challenging the ordinance and remanded for further proceedings. The court affirmed the district court’s dismissal of the standalone water termination claim, as the appellants had disclaimed any intent to pursue it. View "Kleinman v. City of Cedar Park" on Justia Law