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

Michael Ramirez purchased a house in Texas City, Texas, intending to remodel and resell it. After a fire caused substantial but repairable damage, the City declared the property substandard and, following an inspection, determined it posed a clear and imminent danger. The City sent notice to Ramirez, halted the permit process pending an engineer’s report (which Ramirez never obtained), and the house remained unrepaired for over a year, with Ramirez storing valuable personal property inside. In May 2023, the City demolished the house without further notice. Ramirez then sued, claiming violations of state and federal constitutional rights, including procedural due process and takings, and sought damages for the house, expected profits, personal property, and attorney’s fees.Upon removal to the United States District Court for the Southern District of Texas, Ramirez repeatedly requested a jury trial in various filings. The parties signed a joint case management plan acknowledging a jury demand. The district court initially scheduled a jury trial but, shortly before trial, ordered a bench trial instead, finding the jury demand procedurally deficient. After the bench trial, the court held the City had violated Ramirez’s procedural due process rights but justified the demolition under nuisance abatement, awarding only nominal damages and denying attorney’s fees as Ramirez was not considered the prevailing party.The United States Court of Appeals for the Fifth Circuit reviewed the case, focusing on the denial of a jury trial and damages determinations. The court held that the district court abused its discretion by denying Ramirez’s Rule 39(b) motion for a jury trial, as there were no strong or compelling reasons to do so and Ramirez’s repeated demands were sufficient. The court vacated the district court’s judgment and remanded for further proceedings, including a jury trial and reconsideration of damages and fees. View "Ramirez v. City of Texas City" on Justia Law

Several lieutenants and captains employed by the Harris County Sheriff’s Office alleged that Harris County violated the Fair Labor Standards Act (FLSA) by failing to properly pay them overtime. These employees, who worked in either law enforcement or the county jail system, claimed that their primary duties were frontline law enforcement or correctional work. Harris County, however, argued that these plaintiffs were exempt from overtime under the FLSA’s administrative and executive exemptions, as their main responsibilities involved management and administrative oversight rather than frontline duties.The litigation began in the United States District Court for the Southern District of Texas, where the parties consented to the jurisdiction of a magistrate judge. The magistrate judge granted summary judgment in part for Harris County, finding that all captains and criminal justice lieutenants were administratively exempt, but concluded there were factual disputes regarding whether law enforcement patrol and investigative lieutenants were exempt. Those claims proceeded to a jury trial. The jury found that the remaining lieutenants were also exempt as administrative and executive employees. The plaintiffs then moved for judgment as a matter of law or a new trial, raising arguments about the sufficiency of the evidence, alleged errors in the jury charge, and an asserted inconsistency in the verdict. The magistrate judge denied these motions.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the plaintiffs’ claims. The court held that Harris County met its burden of proving that all plaintiffs were paid on a salary basis and that the criminal justice lieutenants qualified for the administrative exemption. The panel further found no error in the jury instructions or in allowing the jury to find both exemptions applied. The court also ruled that the evidence supported the jury’s verdict and that there was no abuse of discretion in denying a new trial. Thus, the judgment in favor of Harris County was affirmed. View "Moreau v. Harris County" on Justia Law

A juvenile was charged with two counts of possession or transfer of machinegun conversion devices, known as Glock switches, which enable semiautomatic pistols to fire automatically. The charges were brought under federal statutes, 18 U.S.C. §§ 922(o) and 924(a)(2), after the government certified that the State of Mississippi lacked jurisdiction over the alleged conduct because, at the time, Mississippi did not have a law regulating possession or transfer of machineguns. The juvenile moved to dismiss the charges, arguing that the certification was inadequate and that the statute violated the Second Amendment, but both motions were denied.The United States District Court for the Southern District of Mississippi reviewed the case. After the motions were denied, the juvenile admitted to the charges, waiving appeal rights for all non-jurisdictional issues except his Second Amendment challenge. The district court adjudicated him delinquent and imposed a 19-month term of detention followed by supervised release until age 21.On appeal, the United States Court of Appeals for the Fifth Circuit considered whether the district court had jurisdiction, whether the statute violated the Second Amendment, and whether the Bureau of Alcohol, Tobacco, and Firearms exceeded its authority in classifying Glock switches as machineguns. The Fifth Circuit held that the district court had jurisdiction because Mississippi lacked applicable law at the relevant time, the Second Amendment challenge was foreclosed by United States v. Wilson, 164 F.4th 380 (5th Cir. 2026), which upheld § 922(o) as constitutional, and the statutory challenge regarding ATF’s authority was waived under the terms of the appeal waiver. The Fifth Circuit affirmed the judgment of the district court. View "Sealed Appellee v. Sealed Juvenile" on Justia Law

Transportation Consultants, Inc. owned property in Louisiana insured under a surplus lines commercial property policy issued by a group of domestic and foreign insurers. The policy contained an arbitration clause and a provision stating it should be construed as separate contracts between the insured and each underwriter. Following Hurricane Ida, a dispute arose regarding coverage, prompting Transportation Consultants to file suit against all insurers in Louisiana state court.The insurers removed the case to the United States District Court for the Eastern District of Louisiana, relying on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to assert federal jurisdiction. The district court initially granted the insurers' motion to compel arbitration and stayed the litigation. After the Louisiana Supreme Court decided Police Jury of Calcasieu Parish v. Indian Harbor Insurance Co., the plaintiff moved for reconsideration. The district court then reversed its earlier decision as to the domestic insurers, finding that Louisiana law prohibits arbitration clauses in insurance contracts between Louisiana parties, and lifted the stay as to the domestic insurers. The order compelling arbitration and staying litigation against the foreign insurers remained.On appeal, the United States Court of Appeals for the Fifth Circuit held that, following its precedent in Town of Vinton v. Indian Harbor Insurance Co. and Crescent City Surgical Operating Co. v. Interstate Fire & Casualty Co., the arbitration clauses in contracts with the domestic insurers are unenforceable under Louisiana law and equitable estoppel cannot be used to compel arbitration. The court affirmed the district court’s denial of arbitration as to the domestic insurers but vacated the lifting of the stay. The case was remanded for the district court to reconsider, in light of updated precedent and additional briefing, whether litigation against the domestic insurers should be stayed pending completion of arbitration with the foreign insurers. View "Transportation Conslt v. Certain Undwr" on Justia Law

Two police officers, Eric Bruss and Wayne Schultz, arrived at the scene of an active arrest where another officer, Robert Johnson, was already present and handling two suspects. The situation was tense: dispatch had reported a weapon, and one suspect, Kerry Thomas, repeatedly acted erratically and made statements suggesting he wanted to be killed. Johnson, a canine handler, released his police dog on Thomas after repeated warnings, resulting in a 43-second bite while Johnson handcuffed Thomas. Bruss and Schultz, who arrived after the scene had escalated, did not intervene during the dog bite.The United States District Court for the Southern District of Texas denied qualified immunity to Bruss and Schultz at both the motion to dismiss and summary judgment stages. The district court determined there were genuine disputes of fact regarding whether the bystander officers had a reasonable opportunity to intervene and concluded that the law was clearly established regarding bystander liability under 42 U.S.C. § 1983 for failing to prevent the use of excessive force.On appeal, the United States Court of Appeals for the Fifth Circuit reversed the district court’s denial of qualified immunity. The Fifth Circuit held that, under the specific facts presented—including the short duration of the dog bite, the officers’ late arrival, and absence of direct participation or encouragement—existing precedent did not clearly establish that Bruss and Schultz had a constitutional duty to intervene during an active canine-assisted apprehension. The court emphasized that no controlling or analogous case law put the constitutional question “beyond debate” for reasonable officers in these circumstances. As a result, the Fifth Circuit rendered judgment dismissing the claims against Bruss and Schultz on qualified immunity grounds. View "Thomas v. Bruss" on Justia Law

Jonathan M. Tampico was convicted in 1999 of possession, receipt, and distribution of child pornography, receiving concurrent sentences totaling 360 months in prison, five years of supervised release, and a $5,000 fine. After beginning his supervised release in March 2024, the district court modified the conditions of his release in October 2024 to include home detention for six months, with the possibility of continuation until he completed a sex offender treatment program. The court also found that $1,992.86 in interest had accrued on his fine and ordered monthly payments of $200.Previously, the United States District Court for the Southern District of Texas had not included home detention as a condition of supervised release when Tampico was originally sentenced or resentenced. In 2024, after evidentiary hearings, the district court modified the conditions in response to concerns about Tampico’s progress in treatment. Tampico objected to the location monitoring and home detention but did not appeal the initial March 2024 order. He also contested the October 2024 findings regarding interest on his fine, arguing that no interest was required and that the fine had been fully paid, relying on Bureau of Prisons records showing a zero balance.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s order. The court held that the district court did not impose an illegal sentence by modifying supervised release conditions to include home detention, finding that the statutory maximums applicable to imprisonment were not implicated because home detention was added as a modification during supervised release, not at sentencing or after revocation. The Fifth Circuit also affirmed the district court’s finding that interest on the fine was due and that the Government was not estopped from collecting it. The judgment of the district court was affirmed. View "USA v. Tampico" on Justia Law

Michael Kevin Adams was convicted of capital murder after evidence showed he drugged, sexually assaulted, and repeatedly threatened his former fiancée, N.L. Following the assault, Adams violated a protective order and continued to harass N.L., prompting her and her son to relocate for safety. Six months after the assault, N.L. was found shot to death in her home, with evidence at the scene including DNA, condom wrappers, and cartridge casings. Investigators found circumstantial evidence, such as Adams’s DNA at the scene, photographs of firearms similar to the murder weapon, and a screw possibly from a gun in his vehicle. Adams denied involvement and provided an uncorroborated alibi.At trial in Texas state court, the prosecution relied on circumstantial evidence and witness testimony to establish Adams’s guilt. The jury convicted him of capital murder, and he was sentenced to life imprisonment without parole. Adams appealed to the Texas Fifth Court of Appeals, arguing that the evidence was insufficient under the standard set by Jackson v. Virginia. The appellate court affirmed the conviction, finding the evidence sufficient, though one judge dissented. The Texas Court of Criminal Appeals declined discretionary review, and the U.S. Supreme Court denied certiorari. Adams’s subsequent state habeas petition was also denied.Adams then filed a federal habeas petition in the United States District Court for the Eastern District of Texas, arguing the state court unreasonably applied Jackson’s sufficiency standard. The district court denied relief and a certificate of appealability. On appeal, the United States Court of Appeals for the Fifth Circuit held that Adams failed to show that every reasonable jurist would find the state court’s sufficiency determination unreasonable under the Antiterrorism and Effective Death Penalty Act and Jackson. The Fifth Circuit affirmed the district court’s judgment and denied habeas relief. View "Adams v. Guerrero" on Justia Law

A local news publisher brought suit against a technology company that operates a news aggregation app and website. The publisher alleged that the aggregator, through its app, displayed the publisher’s articles either by framing them within the aggregator’s interface (so that users viewed the publisher’s website content within an app frame) or by reproducing the full text of articles under the aggregator’s own URL due to a technical glitch. The publisher claimed this conduct violated its exclusive right to publicly display its content under the Copyright Act, and further alleged that the removal or alteration of its website’s URLs—when articles were shown under the aggregator’s URLs—constituted improper removal of copyright management information (CMI) under the Digital Millennium Copyright Act (DMCA).The United States District Court for the Southern District of Mississippi addressed the publisher’s claims through cross-motions for summary judgment. Relying on the “server test” from Perfect 10, Inc. v. Amazon.com, Inc., the district court held that the aggregator’s framed linking did not infringe the publisher’s display right, because the content was not stored on the aggregator’s servers but only linked to the publisher’s own server. The court also held that URLs do not constitute CMI under the DMCA, as they function merely as locational addresses and do not inherently convey protected copyright information.On interlocutory appeal, the United States Court of Appeals for the Fifth Circuit reviewed two questions: whether the server test is the proper standard for evaluating copyright display right infringement, and whether URLs can be CMI under the DMCA. The Fifth Circuit rejected the server test as inconsistent with the text of the Copyright Act, and instead adopted a “transmit requirement”—finding infringement only if the alleged infringer actually transmits (rather than merely links to) the copyrighted content. The court also held that the DMCA does not categorically foreclose URLs from being CMI, but for a URL to qualify as CMI, it must clearly convey the characteristics specified by statute. The case was remanded for further proceedings consistent with these holdings. View "Emmerich Nwspr v. Particle Media" on Justia Law

The defendant pled guilty to a single count of illegal reentry after removal from the United States. His presentence report detailed a criminal history that included prior convictions for driving under the influence, obstruction of justice, unlawful possession or consumption of alcohol by a minor, domestic battery, drug trafficking, and a previous illegal reentry. After being deported for his earlier illegal reentry, the defendant returned to the United States, purportedly to assist his wife, who was recovering from a significant injury and mental health issues. About ten months after his return, he was arrested for assaulting his wife, but the charges were later dismissed. The presentence report indicated the incident involved the defendant throwing water bottles at his wife, causing minor injuries, but made no mention of direct physical contact or biting.The United States District Court for the Western District of Texas conducted a brief sentencing hearing, during which it adopted the presentence report but made several factual errors. The court incorrectly referenced a 2020 illegal reentry conviction that did not exist and mistakenly asserted that the defendant had bitten his wife during the alleged assault. The district court treated these purported facts as aggravating factors and sentenced the defendant to 46 months, at the top of the Guidelines range, without stating whether the same sentence would have been imposed absent these errors. No contemporaneous objections were raised by the parties.The United States Court of Appeals for the Fifth Circuit reviewed the case under the plain error standard. The court found that the district court relied on clearly erroneous facts, that the errors were clear under established law, and that they affected the defendant’s substantial rights by likely increasing his sentence. The Fifth Circuit vacated the sentence and remanded for resentencing, holding that sentencing based on unfounded facts violates due process and undermines the fairness and integrity of judicial proceedings. View "USA v. Palencia-Berrum" on Justia Law

The plaintiff financed his home with a VA loan in 2003, qualifying due to his military service. After failing to make payments for at least ten years, the loan was assigned to HSBC Bank USA and serviced by Specialized Loan Servicing, LLC (SLS). HSBC eventually foreclosed on the property in 2022 and sold it to Northsky, LLC. The VA Servicing Guidelines, which were incorporated into the mortgage contract, required HSBC to notify the plaintiff of the default and explore options to cure it. SLS claimed to have mailed multiple payoff statements and a notice of default to the plaintiff, but he asserted he never received these communications.The plaintiff brought suit in Texas state court against HSBC, SLS, and Northsky, alleging violations of federal and Texas law and seeking to set aside the foreclosure sale. HSBC and SLS removed the case to the United States District Court for the Northern District of Texas. The district court granted partial summary judgment for HSBC and SLS, permitting the plaintiff to proceed on claims for violations of the VA Servicing Guidelines, quiet title, and trespass to try title. At a bench trial, HSBC and SLS presented circumstantial evidence of mailing, relying on business records and testimony from a corporate representative. The district court found this evidence sufficient and, applying the mailbox rule, presumed the plaintiff received the notices, concluding the defendants fulfilled their obligations under the VA Servicing Guidelines.The United States Court of Appeals for the Fifth Circuit reviewed the appeal, applying a deferential standard to the district court’s factual findings. The Fifth Circuit held that the district court correctly applied the mailbox rule based on the evidence presented and that the plaintiff failed to rebut the presumption of receipt. The Fifth Circuit affirmed the district court’s judgment. View "Rummans v. HSBC Bank" on Justia Law