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

The case involves Jennifer Sugg, a student who was dismissed from her Certified Registered Nurse Anesthesiology (CRNA) program at Midwestern University after failing several required courses. Sugg sued Midwestern University and EmergencHealth (EH), alleging breach of contract and fraud. The United States District Court for the Southern District of Texas granted summary judgment in favor of the defendants on all causes of action, and Sugg appealed.Sugg enrolled in Midwestern's CRNA program in 2016. She failed a course in her first semester and was placed on academic leave. After retaking the course and receiving a passing grade, she was placed on academic probation due to her low GPA. Sugg later failed her first clinical rotation course and was dismissed from the program. She appealed the decision, and the dismissal was overturned so she could retake the course. However, after failing another course, she was dismissed again. Sugg appealed this decision as well, but it was upheld by the university's Promotion and Graduation Committee and the Dean of the College of Health Sciences.The United States Court of Appeals for the Fifth Circuit affirmed the lower court's decision. The court found that Midwestern University did not breach the contract as it followed its guidelines and dismissed Sugg based on her academic performance. The court also found that Sugg failed to show that the university's decision was a substantial departure from accepted academic norms. Regarding the claims against EH, the court found that EH did not interfere with Sugg's contract with Midwestern University and did not make any false or misleading statements. Therefore, the court affirmed the summary judgment in favor of the defendants. View "Sugg v. Midwestern University" on Justia Law

The case involves Elliott Sterling, who was convicted for engaging in a fraudulent scheme to obtain loan and grant funds from the Department of Education’s Federal Student Aid Program. Sterling submitted fraudulent applications on behalf of students, both real and fictional, and also committed fraud in connection with his educational consulting business. He was indicted for multiple counts of wire fraud, financial aid fraud, and engaging in monetary transactions involving property derived from specified unlawful activity. Sterling chose to represent himself during the trial after his request for a new counsel was denied.The district court found Sterling competent to waive his right to counsel and allowed him to proceed pro se in his defense. After a 9-day jury trial, Sterling was convicted on all counts. He was sentenced to 132 months of imprisonment, followed by a 3-year term of supervised release. Sterling appealed, raising several Sixth Amendment claims.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court found no merit in Sterling’s procedural or substantive challenges. It held that Sterling's waiver of counsel was clear, unequivocal, and voluntary, and that he was competent to represent himself at trial. The court also found that the district court did not err in allowing Sterling to represent himself at his own competency hearing, and that the district court's determination of Sterling's competence did not constitute an abuse of discretion. View "United States v. Sterling" on Justia Law

The case revolves around a dispute between the Career Colleges and Schools of Texas (CCST) and the United States Department of Education over new regulations that will facilitate certain student loan discharges. The contested rule overturns recent regulations issued by the previous administration and alters thirty years of regulatory practice. The CCST challenged the regulations, arguing that they create uncertainty and potentially significant liability for its members. The district court declined to issue a preliminary injunction against the rule, stating that the plaintiffs had not demonstrated irreparable harm.CCST argued that the new regulations are beyond the Department of Education's statutory authority, violate the Administrative Procedure Act (APA), and infringe on the due process rights of its members. The United States Court of Appeals for the Fifth Circuit disagreed with the lower court's findings, concluding that CCST is likely to succeed on the merits of its challenge and that its members will face immediate and irreparable harm if the new regulations are allowed to go into effect.The court reversed the district court's judgment and remanded the case with instructions to enjoin and postpone the effective date of the challenged provisions pending final judgment. The court ruled that the Department of Education's new regulations are likely unlawful and that their implementation would cause immediate and irreparable harm to CCST and its members. The court ordered the lower court to issue a preliminary injunction to delay the implementation of the new regulations until the case is finally resolved. View "Career Colleges and Schools of Texas v. United States Department of Education" 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

This case involves Delta Charter Group, Inc. (Delta), a public charter school operating within Concordia Parish in Louisiana. The case has its roots in a 1965 lawsuit against the Concordia Parish School Board for operating segregated schools in violation of the Fourteenth Amendment. The district court approved a desegregation plan, but the Board has yet to achieve unitary status, and Delta, which had intervened in the ongoing desegregation case, was required by a 2013 consent order to comply with the Board's desegregation decree. A second consent order in 2018 outlined a race-based enrollment process for Delta, giving the highest enrollment preference to black students.Four years later, Delta moved to discontinue the race-based enrollment process, arguing that it was unconstitutional. The district court declined to modify the order under Federal Rule of Civil Procedure 60(b)(5), which allows courts to modify or dissolve a consent decree if applying it prospectively is no longer equitable. Delta failed to show a significant change in factual conditions or in law that would justify modification. The United States Court of Appeals for the Fifth Circuit affirmed the judgment of the district court, stating that Delta had forfeited any argument that the district court had abused its discretion by failing to adequately brief the argument on appeal. The court did not offer any opinion on the underlying constitutional merits, as Delta had forfeited any available argument that the district court should have applied Rule 54(b) and that it had abused its discretion in denying relief under Rule 60(b)(5). View "Delta Charter v. Sch Bd Concordia Prsh" on Justia Law

The case at hand involves Bradley Lane Croft, who owned and operated Universal K-9, a school primarily training handlers and dogs for police work. Seeking to expand his business, he applied for certification from the Texas Veterans Commission (TVC) to receive G.I. Bill funds for veteran students. The certification required that the organization employed qualified dog trainers, and Croft submitted an application listing four instructors. However, three instructors testified at trial that they had not given permission to be named in the application and had not served as instructors. The fourth instructor had died two years before the application. Croft was convicted of several counts, including four counts of aggravated identity theft, under 18 U.S.C. § 1028A.The case was remanded from the Supreme Court for reconsideration in light of its decision in United States v. Dubin, which clarified the meaning of "during and in relation to" in § 1028A. The Court held that a defendant "uses" another person's means of identification "in relation to" a predicate offense when this use is central to the criminality of the conduct.The United States Court of Appeals for the Fifth Circuit, upon reconsideration, affirmed Croft's convictions under § 1028A. The court found that Croft's misrepresentations about "who" was teaching courses were the basis of his wire fraud convictions. Croft's fraudulent conduct lied in misrepresenting who would be teaching the classes, not in who received the services. Thus, there was a direct link between the use of the four men's names and information and the predicate felony of wire fraud. Consequently, the court also affirmed the district court's denial of Croft's motion for a new trial and denied his motion for release pending appeal. View "USA v. Croft, No. 21-50380 (5th Cir. 2023)" on Justia Law

Plaintiff brought an action against Defendants-Appellees Holy Cross College, Inc. and Congregation of Holy Cross Moreau Province, Inc. (collectively, “Holy Cross”) in the district court. Plaintiff alleged that he suffered from sexual abuse carried out by Holy Cross teacher on two separate occasions while attending summer camp at Holy Cross as a 10- or 11-year-old boy in either 1968 or 1969. Plaintiff asserted that Holy Cross is liable for the teacher’s conduct under the doctrine of respondeat superior. At the time of the alleged abuse, such an offense was subject to a one-year liberative prescriptive period. Plaintiff invoked the Revival Provision as his basis to bring a suit. The district court granted Holy Cross’s motion and dismissed Plaintiff’s complaint.   The Fifth Circuit vacated and remanded. The court explained that while the appeal was pending, the Louisiana Supreme Court issued its decision in T.S v. Congregation of Holy Cross Southern Province, Inc., 2023 WL 4195778. The court wrote that with the benefit of the T.S. decision, the court is now certain as to how this case should be resolved under Louisiana law. As previously noted, the facts of both cases are nearly identical. Therefore, it is apparent that the district court should not have ruled on the Revival Provision’s constitutionality. Instead, it is now clear that the Revival Provision’s wording makes it inapplicable to Plaintiff’s claims. Accordingly, his complaint should be dismissed for that sole reason. The court directed that on remand, the district court may consider whether Plaintiff should be provided with leave to amend his complaint. View "Lousteau v. Holy Cross College" on Justia Law

The Jefferson Parish School Board (JPSB) separately suspended two students for individually having a BB gun visible during virtual school. Each student’s family sued the school board, in part seeking a declaration that the school board’s virtual learning disciplinary policy is unconstitutional. Louisiana intervened, agreeing with the families on the constitutionality of JPSB’s policy and separately challenging JPSB’s disciplinary actions as ultra vires. JPSB settled with the families, ending the private suits. Louisiana wants to continue the case, citing its broad interest in compliance with its laws. The question before us is whether Louisiana has standing to do so. This case lies outside the limits of Article III standing. States undoubtedly have an interest in enforcing their laws. But when it comes to federal courts, Louisiana must claim an injury to a traditional, sovereign interest to invoke Article III jurisdiction. The state similarly fails to establish an injury to an established quasi-sovereign interest sufficient to show parens patriae standing. Louisiana’s claim of injury to a proprietary interest also falls short.   The Fifth Circuit remanded to the district court. The court concluded that t Louisiana does not have Article III standing. The court explained that this case is the same “(non) controversy” that the Sixth and Seventh Circuits have held falls outside of our Article III power. The court explained that federal courts do not sit to resolve intramural disputes among state officials over the bounds of their authority under state law. Louisiana stands fully capable and ready to enforce its laws, and it can do so in its courts, which “are not bound to adhere” to Article III’s requirements. View "LA State v. Jefferson Parish Sch" on Justia Law

Louisiana State University (“LSU”) (collectively “the Professors”) appealed the district court’s denial of qualified immunity after Plaintiff alleged that they violated his Fourteenth Amendment right to due process by conspiring to prevent his continued enrollment in Louisiana State University’s (“LSU”) theatre program.   The Fifth Circuit reversed the district court’s determination that they were not entitled to qualified immunity and dismissed Plaintiff’s claims. The court held that the Professors lacked adequate notice that their conduct was violative of Plaintiff’s constitutional rights, and because they did not have this notice, they are entitled to qualified immunity. The court explained that the clearly established standard requires more than that—there must be a “high degree of specificity” between the alleged misconduct and the caselaw purporting to clearly establish the violation. Without it, the requisite “fair warning” required under the clearly established inquiry is absent. View "Babinski v. Sosnowsky" on Justia Law

The Jefferson Parish School Board (JPSB) separately suspended two students for individually having a BB gun visible during virtual school. Each student’s family sued the school board, in part seeking a declaration that the school board’s virtual learning disciplinary policy is unconstitutional. Louisiana intervened, agreeing with the families on the constitutionality of JPSB’s policy and separately challenging JPSB’s disciplinary actions as ultra vires. JPSB settled with the families, ending the private suits. Louisiana wants to continue the case, citing its broad interest in compliance with its laws. The question before us is whether Louisiana has standing to do so.   The Fifth Circuit concluded that Louisiana does not have Article III standing and remanded the case to the district court to send back to the capable Louisiana state courts. The court explained that this case lies outside the limits of Article III standing. States undoubtedly have an interest in enforcing their laws. But when it comes to federal courts, Louisiana must claim an injury to a traditional, sovereign interest to invoke Article III jurisdiction. The two are distinctly dissimilar. Louisiana fails to point to “any precedent, history, or tradition,” establishing that its interest in compliance with its laws is the equivalent of an Article III sovereign interest in maintaining its right to govern in the face of competing authority. The state similarly fails to establish an injury to an established quasi-sovereign interest sufficient to show parens patriae standing. Louisiana’s claim of injury to a proprietary interest also falls short. View "LA State v. Jefferson Parish Sch" on Justia Law