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

Speech First, Incorporated, challenged Texas State University's harassment policy, arguing it violated the First Amendment. The policy prohibited "unwelcome verbal" or "written conduct" without defining these terms, potentially stifling speech on sensitive topics like abortion, immigration, and gender identity. Speech First claimed the policy targeted politically disfavored speech, causing students to self-censor.The United States District Court for the Western District of Texas acknowledged the policy's First Amendment issues but refused to issue a preliminary injunction. Instead, it pressured the University to amend the policy. The University reluctantly complied, and the district court dismissed Speech First's motion as moot, believing the policy change resolved the issue.The United States Court of Appeals for the Fifth Circuit reviewed the case. It disagreed with the lower court's ruling that the policy change rendered the request for a preliminary injunction moot. The appellate court noted that voluntary cessation of allegedly illegal conduct does not moot a case unless it is absolutely clear the behavior will not recur. The court found that Texas State's policy change, made under judicial pressure, did not meet this stringent standard. The University continued to defend the original policy, and there was no controlling statement ensuring the policy would not revert.The Fifth Circuit vacated the district court's decision and remanded the case for further consideration of the motion for preliminary injunctive relief. View "Speech First v. McCall" on Justia Law

Yolanda Welch Atkins, a court clerk for Macon, Mississippi, since 2003, was placed on leave in October 2020 after $3,200 in municipal court fines and fees went missing, leading to her arrest and indictment for embezzlement. Despite this, she was reinstated by the board of aldermen. In January 2021, after running unsuccessfully for mayor against Patrick Hopkins's preferred candidate, Atkins was not reappointed as court clerk when Hopkins and other aldermen did not second the motion for her reappointment.Atkins sued Hopkins and others, claiming First Amendment retaliation. The United States District Court for the Southern District of Mississippi granted summary judgment to all defendants except Hopkins, finding a genuine dispute of material fact regarding whether Hopkins's refusal to second the motion was due to Atkins's protected speech. Hopkins appealed the denial of summary judgment.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court noted that under the doctrine of qualified immunity, government officials are protected from liability unless they violate clearly established statutory or constitutional rights. The court found that existing precedent, including Sims v. City of Madisonville, did not clearly establish that Hopkins's specific conduct—refusing to second a motion—violated the First Amendment. Consequently, the court held that Hopkins was entitled to qualified immunity.The Fifth Circuit reversed the district court's denial of summary judgment for Hopkins and remanded the case for further proceedings, without indicating what those proceedings should entail. View "Atkins v. Hopkins" on Justia Law

Amazon.com Services LLC appealed the "constructive denial" of its motion for injunctive relief from two administrative proceedings before the National Labor Relations Board (NLRB). The case involves Amazon's fulfillment center in Staten Island, New York, where the Amazon Labor Union (ALU) won an election to represent over 8,000 employees. Amazon filed objections alleging interference by ALU and the NLRB's Regional Office, leading to two NLRB cases: one concerning the election and another regarding Amazon's refusal to bargain with ALU.The United States District Court for the Western District of Texas reviewed Amazon's request for temporary, preliminary, and permanent declaratory and injunctive relief to avoid harm from the alleged unconstitutional proceedings. Amazon argued that the structure of the NLRB proceedings violated the U.S. Constitution. The district court denied Amazon's request for a temporary restraining order, finding that Amazon had not established a substantial threat of irreparable harm. The court also granted but stayed the NLRB's motion to transfer the case to the Eastern District of New York.The United States Court of Appeals for the Fifth Circuit reviewed the appeal. The court found that Amazon did not act diligently in seeking expedited relief and failed to establish a legitimate basis for urgency. The court noted that Amazon did not repeatedly request swift review or a ruling by a specific date until the day before its deadline to respond to the NLRB's summary judgment motion. The court concluded that the district court did not effectively deny Amazon's motion for injunctive relief by failing to rule by September 27, 2024. Consequently, the Fifth Circuit dismissed the appeal for lack of subject-matter jurisdiction. View "Amazon.com v. National Labor Relations Board" on Justia Law

8fig, Incorporated, a technology company, entered into agreements with several e-commerce merchants (Defendant-Appellants) to purchase projected revenue in exchange for an up-front payment. 8fig alleged that the Defendant-Appellants failed to remit the agreed payments and instead transferred the funds to a religious movement, World Olivet Assembly, closed their bank accounts, and went out of business. 8fig filed a lawsuit under 18 U.S.C. §§ 1964, 1962, and various state and common law claims. The parties filed a Joint Agreed Motion to Administratively Close and Seal Proceedings, which the district court granted, and the case settled quickly.Newsweek Digital, LLC moved to intervene and unseal the judicial record, arguing that the seal hindered its reporting. The district court granted Newsweek’s motion to intervene and unseal, allowing any party to propose redactions. Certain defendants filed proposed redactions, which the district court granted, and denied a motion to extend filing deadlines. The district court proceeding has been unsealed for over a year, except for documents with redacted versions.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that Newsweek had standing to intervene, as alleged violations of the public right to access judicial records and gather news are cognizable injuries-in-fact. The court found that the district court did not abuse its discretion in unsealing the records, emphasizing the public’s common law right of access to judicial records and the presumption in favor of transparency. The court affirmed the district court’s order granting Newsweek’s motion to intervene and unseal the proceeding. View "8Fig v. Stepup Funny" on Justia Law

AT&T sought review of a Federal Communications Commission (FCC) forfeiture order, which fined the company $57 million for mishandling customer data in violation of section 222 of the Telecommunications Act. The FCC found that AT&T failed to protect customer proprietary network information (CPNI) and issued the fine after an internal adjudication process. AT&T argued that the FCC's in-house adjudication violated the Constitution by denying it an Article III decisionmaker and a jury trial.The FCC's Enforcement Bureau investigated AT&T following reports of misuse of customer location data by service providers. The Bureau issued a Notice of Apparent Liability for Forfeiture (NAL), proposing the penalty. AT&T responded in writing, contesting the penalty and raising constitutional challenges. The FCC rejected AT&T's arguments and affirmed the penalty, leading AT&T to pay the fine and seek review in the United States Court of Appeals for the Fifth Circuit.The Fifth Circuit, guided by the Supreme Court's decision in SEC v. Jarkesy, agreed with AT&T that the FCC's enforcement procedures violated the Seventh Amendment and Article III. The court found that the FCC's imposition of civil penalties was akin to a common law action for money damages, which traditionally requires a jury trial. The court also determined that the public rights exception did not apply, as the action was closely related to common law negligence and did not fall within the historical categories of non-Article III adjudications.The court concluded that the FCC's process, which allowed for a section 504 trial only after the agency had already adjudicated the matter, did not satisfy the constitutional requirements. As a result, the Fifth Circuit granted AT&T's petition and vacated the FCC's forfeiture order. View "AT&T v. Federal Communications Commission" on Justia Law

A recently enacted Mississippi statute, House Bill 1126, aims to protect minors from harmful online material by requiring digital service providers (DSPs) to verify users' ages, obtain parental consent for minors, limit data collection, and implement strategies to mitigate harmful content exposure. NetChoice, L.L.C., a trade association for internet-focused companies, challenged the statute's constitutionality under the First and Fourteenth Amendments and sought a preliminary injunction to prevent its enforcement.The United States District Court for the Southern District of Mississippi granted the preliminary injunction, finding that NetChoice was likely to succeed on its claims that the statute was unconstitutional. The court determined that NetChoice had associational standing to bring the suit on behalf of its members and that the statute imposed significant regulatory burdens that could cause financial harm. The Attorney General of Mississippi appealed, arguing that the district court erred in its findings and failed to perform the necessary facial analysis as mandated by the Supreme Court in Moody v. NetChoice, LLC.The United States Court of Appeals for the Fifth Circuit reviewed the case and found that the district court did not conduct the required two-step analysis outlined in Moody. This analysis involves defining the law's scope and determining which applications violate the First Amendment. The Fifth Circuit noted that the district court did not fully assess the range of activities and actors regulated by the statute or the specific regulatory burdens imposed on different DSPs. Consequently, the court vacated the preliminary injunction and remanded the case to the district court for further factual analysis consistent with the Supreme Court's opinion in Moody and Fifth Circuit precedent. View "NetChoice v. Fitch" on Justia Law

Three organizations, Inclusive Louisiana, Mount Triumph Baptist Church, and RISE St. James, sued St. James Parish, the Parish Council, and the Parish Planning Commission, alleging violations of their constitutional and statutory civil rights. They claimed that the Parish discriminated against them by directing hazardous industrial development towards majority-Black districts and Black churches, where their members and congregants live. They also argued that the Parish's actions desecrated and restricted access to cemeteries of their enslaved ancestors.The United States District Court for the Eastern District of Louisiana dismissed all claims. It held that the plaintiffs lacked standing for some claims and that other claims were time-barred, as they were based on the Parish's 2014 Land Use Plan. The court also dismissed claims related to religious injuries, stating that the injuries were not traceable to the Parish's actions.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the district court erred in dismissing the claims as time-barred, noting that the plaintiffs alleged ongoing discriminatory practices, not just a single incident. The court also found that the plaintiffs had standing to sue for property injuries and health-related injuries. Additionally, the court held that the plaintiffs had standing to pursue claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Louisiana Constitution, as their alleged injuries were traceable to the Parish's conduct.The Fifth Circuit reversed the district court's dismissal of the claims and remanded the case for further proceedings. The court emphasized that the plaintiffs had sufficiently alleged ongoing discriminatory practices and injuries that were fairly traceable to the Parish's actions. View "Inclusive Louisiana v. St. James Parish" on Justia Law

A Texas county judge, Brian Umphress, challenged the State Commission on Judicial Conduct's application of Canon 4A(1) of the Texas Code of Judicial Conduct, which requires judges to conduct their extra-judicial activities in a manner that does not call into question their impartiality. Umphress, who refuses to perform same-sex marriages for religious reasons while continuing to perform opposite-sex marriages, argued that applying the Canon to his refusal is unconstitutional. This challenge arose after a similar situation involving Justice of the Peace Dianne Hensley, who was publicly warned by the Commission for her refusal to perform same-sex weddings.The United States District Court for the Northern District of Texas dismissed Umphress's case for lack of subject matter jurisdiction, holding that he lacked standing and that his claims were not ripe. The court also noted that even if it had jurisdiction, it would have abstained under the Pullman doctrine, which allows federal courts to defer to state courts on issues of unclear state law.The United States Court of Appeals for the Fifth Circuit reviewed the case and found that Umphress had standing and that his claims were ripe for review. The court held that Umphress had demonstrated an imminent injury in fact, as his intended conduct was arguably proscribed by Canon 4A(1) and there was a substantial threat of future enforcement by the Commission. The court also determined that the case was not moot despite the Commission's rescission of its warning against Hensley, as the Commission had not disavowed future enforcement against Umphress.The Fifth Circuit reversed the district court's dismissal and declined to abstain under Pullman, noting that state court litigation was unlikely to resolve the crucial threshold question of Texas law. Instead, the court certified the question to the Supreme Court of Texas, asking whether Canon 4A(1) prohibits judges from publicly refusing to perform same-sex weddings for moral or religious reasons while continuing to perform opposite-sex weddings. View "Umphress v. Hall" on Justia Law

In 2010, Thomas Steven Sanders kidnapped and murdered a twelve-year-old girl, L.R., after killing her mother, Suellen Roberts. Sanders was apprehended and confessed to the crimes. He was prosecuted under federal law and, in 2014, a jury in the Western District of Louisiana convicted him of kidnapping and murder, sentencing him to death on both counts.Sanders appealed, raising numerous challenges to his convictions and sentences. The United States Court of Appeals for the Fifth Circuit reviewed the case. Sanders argued that the district court erred by not ordering a competency hearing, denying his motion to suppress statements made during interrogation, and violating the Double Jeopardy Clause by imposing two sentences for one act. He also challenged the jury selection process, the death-qualification of the jury, the sufficiency of the evidence, the admission of victim impact testimony, prosecutorial misconduct, and the constitutionality of the Federal Death Penalty Act (FDPA).The Fifth Circuit found that the district court did not abuse its discretion in failing to order a competency hearing or in denying the motion to suppress. However, the court agreed with Sanders that his conviction and sentence under 18 U.S.C. § 924(c) and (j) violated the Double Jeopardy Clause, as Congress did not authorize cumulative punishment for violations of § 1201(a) and § 924(j). Consequently, the court vacated Sanders’s conviction and sentence under Count Two of the indictment.The court rejected Sanders’s other arguments, including those related to jury selection, death-qualification, sufficiency of the evidence, victim impact testimony, prosecutorial misconduct, and the constitutionality of the FDPA. The court concluded that Sanders’s sentences were not imposed under the influence of passion, prejudice, or any other arbitrary factor and that the cumulative-error doctrine did not apply. The Fifth Circuit affirmed the district court’s judgment in all other respects. View "United States v. Sanders" on Justia Law

Jeremy Jason Schnur, previously convicted of multiple felonies including aggravated battery, burglary, and robbery, was indicted for unlawfully possessing a firearm as a convicted felon under 18 U.S.C. § 922(g)(1). Schnur was apprehended by law enforcement at the Hard Rock Casino in Biloxi, Mississippi, where he was found in possession of a loaded Canik 9mm semiautomatic pistol. Schnur moved to dismiss the indictment, arguing that § 922(g)(1) violated his Second Amendment rights as applied to him. The district court denied his motion, and after a bench trial, found him guilty.The United States District Court for the Southern District of Mississippi denied Schnur's motion to dismiss the indictment. Schnur waived his right to a jury trial and proceeded to a bench trial based on stipulations regarding his possession of the firearm and his felony convictions. The district court found Schnur guilty and sentenced him to seventy-eight months of imprisonment, three years of supervised release, and a $3,000 fine. Schnur appealed the decision, maintaining his as-applied Second Amendment challenge.The United States Court of Appeals for the Fifth Circuit reviewed the constitutionality of § 922(g)(1) de novo. The court held that the Second Amendment's plain text covers Schnur's conduct, but the government demonstrated that disarming Schnur is consistent with the Nation's historical tradition of firearm regulation. The court cited precedents indicating that individuals with violent criminal histories, like Schnur's aggravated battery conviction, can be constitutionally disarmed. The court also referenced Schnur's robbery and burglary convictions, which further supported the constitutionality of § 922(g)(1) as applied to him. The Fifth Circuit affirmed the district court's judgment and upheld the constitutionality of § 922(g)(1) in Schnur's case. View "United States v. Schnur" on Justia Law