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

In a case before the United States Court of Appeals for the Fifth Circuit, the parents of Ashtian Barnes, who was fatally shot by Officer Roberto Felix, Jr. during a lawful traffic stop, alleged violations under 42 U.S.C. § 1983 against Officer Felix and Harris County. The parents argued that Officer Felix's use of force was unreasonable because even if Barnes attempted to flee, he did not pose a threat justifying deadly force. The district court granted the defendants' motion for summary judgement, stating that Officer Felix did not violate Barnes's constitutional rights and was entitled to qualified immunity. The district court found that Barnes posed a threat of serious harm to Officer Felix in the moment the car began to move, thus making Officer Felix's use of deadly force reasonable and not excessive. On appeal, the United States Court of Appeals for the Fifth Circuit affirmed the district court's judgment, concluding that under the Circuit's precedent on the "moment of threat" analysis, there was no violation of Barnes's constitutional rights. Consequently, the court also affirmed the grant of summary judgement to Harris County, as there was no finding of constitutional injury. View "Barnes v. Felix" on Justia Law

In 2023, the Texas Legislature passed the Restricting Explicit and Adult-Designated Educational Resources Act (READER), which requires vendors selling books to Texas public schools to issue sexual-content ratings for all library materials they have ever sold or will sell. Certain Texas bookstores, trade associations, and a legal defense organization sued for injunctive relief, alleging that READER violates their First and Fourteenth Amendment rights. The district court granted a preliminary injunction, which Texas appealed. The United States Court of Appeals for the Fifth Circuit affirmed the grant of the preliminary injunction against the Commissioner of the Texas Education Agency, vacated the preliminary injunction against the Chairs of the Texas State Library and Archives Commission and the Texas State Board of Education, and remanded the case to the district court with instructions to dismiss the suit against them. The court held that the plaintiffs were likely to succeed on their claim that READER unconstitutionally compels speech. The court also found that the plaintiffs would suffer irreparable harm if the injunction was not granted, the balance of equities tipped in their favor, and an injunction was in the public interest. View "Book People, Inc. v. Wong" on Justia Law

The case was an appeal to the United States Court of Appeals for the Fifth Circuit against a lower court's decision that the structure of the Consumer Product Safety Commission (CPSC) was unconstitutional. The plaintiffs, By Two, L.P., and Consumers’ Research, argued that the CPSC's structure violated the separation-of-powers doctrine because the President could only remove the CPSC's commissioners for cause. The district court agreed with the plaintiffs, but the appellate court reversed this decision.The appellate court held that the CPSC's structure was constitutional and did not violate the separation-of-powers doctrine. The court based its decision on the Supreme Court's precedent in Humphrey’s Executor v. United States, which allowed for-cause removal protections for commissioners of independent agencies like the CPSC. The court noted that while the CPSC does exercise substantial executive power, this alone does not remove it from the protection of the Humphrey’s Executor exception. The court also pointed out that the CPSC's structure was not novel or lacking historical precedent, which further supported its constitutionality.The court emphasized that any changes to the Humphrey’s Executor exception would have to be made by the Supreme Court, not the lower courts. Until such a change occurred, the CPSC's structure remained constitutional. Thus, the court reversed the district court's decision and sent the case back to the lower court for further proceedings. View "Consumers’ Research v. Consumer Product Safety Commission" on Justia Law

This case involves a dispute between American Precision Ammunition, L.L.C. (APA) and the City of Mineral Wells in Texas. APA and the City entered into a Tax Abatement Agreement ("Agreement") where the City promised to gift APA $150,000 and provide APA ten years of tax abatements. However, the City terminated the Agreement, claiming that the $150,000 gift was illegal under the Texas Constitution. APA sued the City for breach of contract, violation of the Texas Open Meetings Act (TOMA), and denial of federal due process and due course of law under the Texas Constitution. The district court dismissed all claims, and APA appealed.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. It held that the Agreement was illegal and unenforceable under Texas law because the City's contractual obligation to "gift" APA $150,000 constitutes a gratuitous payment of public money. The court also dismissed APA's TOMA claim as moot because there was no "agreement" to reinstate given that the Agreement was unenforceable. Furthermore, the court found that APA's due process claims failed because the promise for the $150,000 gift was void and did not constitute a contract, and therefore, APA had no protected property interest in the gift. Even assuming that APA had a property interest in the tax abatements, the court held that APA's due process and due course of law claims still fail because Texas law affords APA sufficient opportunity to pursue that claim in state court. View "American Precision v. Mineral Wells" on Justia Law

The United States Court of Appeals for the Fifth Circuit denied the NAACP and other plaintiffs' emergency motions for an injunction to halt the implementation of Mississippi's House Bill 1020 (H.B. 1020). This law created a new lower court for Jackson’s Capitol Complex Improvement District (CCID), which allegedly has a disproportionate share of Jackson's white residents. The judge and prosecutors for this new court would be appointed by the Chief Justice of the Mississippi Supreme Court and the Mississippi Attorney General, respectively, rather than by locally elected officials, as is typical for other municipal courts in Mississippi. The plaintiffs claimed that this appointment process violated their Fourteenth Amendment rights to equal protection of the law.However, the court found that plaintiffs lacked standing because they failed to demonstrate a legally protected interest in the accountability of the CCID court to locally elected officials, or that H.B. 1020 would affect their voting rights by diluting the local government's control over the enforcement of its laws within the CCID's borders. The court also rejected the plaintiffs' claim of stigmatic harm, finding that they did not allege discriminatory treatment as required. Finally, the court found no merit in the argument that benefits from the CCID court would primarily go to a disproportionately white population, as the plaintiffs failed to show how H.B. 1020 would erect a barrier making it more difficult for members of one group to obtain benefits than another. View "NAACP v. Tindell" on Justia Law

The United States Court of Appeals for the Fifth Circuit affirmed a lower court's decision to grant a preliminary injunction against a Texas state prosecutor, Lucas Babin, who had initiated criminal charges against Netflix for promoting child pornography through its film, Cuties. The court found that Babin had acted in bad faith, as he multiplied the initial indictment into four after Netflix asserted its First Amendment right, selectively presented evidence to the grand jury, and charged Netflix for a scene that involved an adult actress. The court rejected Babin's argument that the indictments were validated by grand juries, finding that Babin's selective presentation of evidence undermined the independence of the grand juries. The court also noted that Netflix had shown that the prosecution was likely a bad faith prosecution, which constituted an irreparable injury, and that an injunction protecting First Amendment rights was in the public interest. The court ruled that these factors justified the district court's decision not to abstain under the Younger doctrine, which generally requires federal courts to refrain from interfering in ongoing state proceedings. View "Netflix v. Babin" on Justia Law

Derrick Durrell Jones, a convicted felon, pleaded guilty to possession of a firearm and appealed his conviction to the United States Court of Appeals for the Fifth Circuit. Jones argued that the law under which he was convicted, 18 U.S.C. § 922(g)(1), was unconstitutional because it violated the Commerce Clause and the Second Amendment. Addressing the Commerce Clause argument, the court stated that their circuit precedent has consistently upheld the constitutionality of § 922(g)(1), and that Jones had not presented any Supreme Court decisions that had expressly overruled this.In response to the Second Amendment argument, the court noted that Jones' challenge came in light of a new test for assessing the constitutionality of a statute under the Second Amendment as set forth by the Supreme Court in New York State Rifle & Pistol Ass’n, Inc. v. Bruen. However, the court pointed out that it had previously held that § 922(g)(1) did not violate the Second Amendment, and a concurring opinion in Bruen had stated that the decision should not cast doubt on prohibitions on the possession of firearms by felons. The court also observed that there was no binding precedent holding that § 922(g)(1) was unconstitutional, and that two other federal circuits have reached conflicting conclusions on the issue.Given these considerations, the court concluded that Jones had failed to demonstrate that the district court’s application of § 922(g)(1) constituted clear or obvious error, and thus affirmed the decision of the lower court. View "USA v. Jones" on Justia Law

Plaintiff was bitten and injured by a police dog after Plaintiff’s partner called 911 to report that Plaintiff was suicidal, had hurt herself, and had left her house on foot. In the operative third amended complaint, Plaintiff asserted various claims against Sutton and Montes in their individual capacities as well as claims against the City of Conroe and Montgomery County. Specifically, as relevant to this appeal, she asserted (1) a 42 U.S.C. Section 1983 excessive force claim against Sutton; (2) a Section 1983 failure-to-intervene/bystander liability claim against Montes; (3) a Section 1983 municipal/Monell liability claim against the City of Conroe; and (4) various failure-to-accommodate claims under Title II of the ADA and Section 504 of the Rehabilitation Act against both the City of Conroe and Montgomery County. Montgomery County and Montes jointly moved to dismiss the complaint for failure to state a claim, raising, inter alia, a qualified immunity defense as to Montes.   The Fifth Circuit affirmed. The court explained that Plaintiff failed to allege specific and nonconclusory facts that would show that the City was deliberately indifferent in adopting its training policy. Accordingly, the court found that the district court did not err in dismissing Sligh’s failure-to-train claim against the City of Conroe. Further, the court explained that Plaintiff can “prevail only by showing that ‘the disability, resulting limitation, and necessary reasonable accommodation’ were ‘open, obvious, and apparent’ to the entity’s relevant agents.” But she does not attempt to make this showing. Nor could she. View "Sligh v. City of Conroe" on Justia Law

Plaintiff filed suit under 42 U.S.C. Section 1983, alleging violations of his First and Fourth Amendment rights when he was arrested as a terrorist for a post on Facebook. The district court granted Detective Randall Iles and Sheriff Mark Wood’s motion for summary judgment on qualified immunity grounds and dismissed Bailey’s claims with prejudice.The Fifth Circuit reversed. The court held that the district court erred in concluding that Plaintiff’s Facebook was constitutionally unprotected; erred in granting qualified immunity to Defendant on Plaintiff’s Fourth and First Amendment claims; and erred in granting summary judgment to Defendants on Plaintiff’s state law false arrest claim. Therefore, the court reversed the district court’s grant of summary judgment to Defendants and remanded for further proceedings. The court explained that Plaintiff has shown that Defendant is not entitled to qualified immunity as to the First Amendment claim. Based on decades of Supreme Court precedent, it was clearly established that Plaintiff’s Facebook post did not fit within one of the narrow categories of unprotected speech, like incitement or true threats. Thus, when Defendant arrested Plaintiff he violated Plaintiff’s clearly established First Amendment right to engage in speech even when some listeners consider the speech offensive, upsetting, immature, in poor taste, or even dangerous. View "Bailey v. Iles" on Justia Law

Plaintiff, proceeding pro se, filed suit against multiple private entities and government officials, including, as relevant to the instant appeal, the Social Security Commissioner, a Social Security claims representative, the Secretary of the Treasury, and the Secretary of Education (the “Federal Defendants”), asserting a number of claims relating to the Social Security Administration’s (SSA) allegedly improper withholding of his disability benefits.   The Fifth Circuit affirmed. The court concluded that it did not have subject matter jurisdiction over Mr. Chambers’ claims against the Social Security Administration representatives concerning his Social Security benefits and that Plaintiff has failed to state a claim as to its remaining claims against the Federal Defendants. The court explained that while the lack of jurisdiction is a sufficient basis on which to affirm the district court, Plaintiff’s broad challenges to “any of [the court’s] holdings dismissing the federal government defendants” warrant but a brief note. The court found no error in the district court’s dismissal of the Treasury Secretary, given its purely ministerial role in administering the offset for Plaintiff’s outstanding loan, or its dismissal of the Secretary of Education, given Plaintiff’s similar failure to exhaust administrative remedies with that department and failure to advance a colorable constitutional violation. View "Chambers v. Kijakazi" on Justia Law