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

Steve Winder became suicidal after discovering Facebook messages between his wife and her ex-husband. His wife, Latrisha, who was out of state, called her mother, Lou Anne, and the Young County Sheriff’s Department for a welfare check after Steve sent pictures of himself holding a gun to his head. Deputy Joshua Gallardo arrived at the scene, and after hearing Steve shout from within, opened the front door. Lou Anne indicated that Steve was armed. Deputy Gallardo then fatally shot Steve after ordering him to put the gun down.The United States District Court for the Northern District of Texas dismissed the case at the 12(b)(6) stage. The court found that Steve’s suicidality and possession of a gun created exigent circumstances excusing the need for a warrant. It also ruled that an objectively reasonable officer in Deputy Gallardo’s position would not need to wait for Steve to point the gun at him before using deadly force, thus defeating the excessive force claim. Additionally, the court found no underlying constitutional violation to support claims for supervisory or Monell liability and ruled that Title II of the ADA does not support claims where police officers face exigent circumstances.The United States Court of Appeals for the Fifth Circuit affirmed the District Court’s dismissal. The appellate court held that the exigent circumstances justified the warrantless entry and that Deputy Gallardo’s use of deadly force was reasonable under the circumstances. The court also found no basis for supervisory or Monell liability due to the absence of an underlying constitutional violation. Lastly, the court ruled that the ADA claims were foreclosed by the exigent circumstances and that there was no evidence that Steve was discriminated against by reason of his disability. View "Winder v. Gallardo" on Justia Law

Kenneth Bryan Ritchey, the defendant, operated Gulf Coast Pharmaceuticals Plus, LLC, a wholesale distributor of pharmaceutical products. During the COVID-19 pandemic, Ritchey directed his employees to acquire large quantities of personal protective equipment (PPE) and resell them at inflated prices to various healthcare providers, including the Department of Veterans Affairs (VA). The VA was charged significantly higher prices than the market value, resulting in Ritchey and his company receiving over $2 million, including more than $270,000 from the VA.Ritchey was charged with six counts, including conspiracy to defraud the United States. He pled guilty to violating 18 U.S.C. § 371, and the remaining counts were dismissed. The United States District Court for the Southern District of Mississippi calculated Ritchey’s offense level based on the estimated pecuniary loss caused by his actions, which included a significant enhancement for the amount of loss. The court determined the fair market value (FMV) of the PPE based on pre-pandemic prices and 3M’s pricing, leading to a higher offense level and a 60-month prison sentence.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the district court erred in calculating the FMV by relying on pre-pandemic prices and 3M’s pricing, which did not reflect the actual market conditions during the pandemic. The appellate court held that the district court’s method of determining the FMV was not based on a realistic economic approach. Consequently, the Fifth Circuit vacated Ritchey’s sentence and remanded the case for resentencing, emphasizing the need for a more accurate calculation of the FMV that reflects the market conditions at the time of the transactions. View "United States v. Ritchey" on Justia Law

A senior trooper with the Louisiana State Police (LSP), August McKay, committed suicide at his home after learning he was being reassigned and that a search warrant was to be executed on his residence. His widow, Brandy McKay, sued several LSP officers under 42 U.S.C. § 1983 and Louisiana state law, alleging their actions contributed to his death. The district court denied qualified immunity to two officers, Sergeant Rohn Bordelon and Trooper David LaCroix, leading to this appeal.The United States District Court for the Eastern District of Louisiana initially dismissed Brandy’s Eighth Amendment claim but allowed her to amend her complaint. She then limited her claims to the Fourteenth Amendment and state laws. The district court found that Brandy had sufficiently stated § 1983 claims against Sgt. Bordelon and Trooper LaCroix, concluding they had subjective knowledge of August’s suicide risk and responded with deliberate indifference. The court dismissed the claims against other defendants and allowed the state law claims against Sgt. Bordelon and Trooper LaCroix to proceed.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the officers were entitled to qualified immunity because there was no constitutional duty to protect August from self-harm, as he was not in state custody or otherwise restrained. The court emphasized that the officers did not attempt to arrest or confine August, and Brandy’s complaint focused on their failure to restrain him. Without a constitutional duty, there could be no violation, and thus, the officers were entitled to qualified immunity. The court reversed the district court’s decision regarding qualified immunity and dismissed the appeal concerning the state law claims without prejudice, remanding the case for further proceedings. View "McKay v. LaCroix" on Justia Law

Robert Mayfield, a small-business owner operating thirteen fast-food restaurants in Austin, Texas, challenged the Department of Labor's (DOL) 2019 Minimum Salary Rule. This rule raised the minimum salary required to qualify for the White Collar Exemption under the Fair Labor Standards Act (FLSA) from $455 per week to $684 per week. Mayfield argued that the DOL exceeded its statutory authority by imposing any salary requirement and that such a requirement violated the nondelegation doctrine.The United States District Court for the Western District of Texas granted summary judgment in favor of the DOL, finding that the 2019 Minimum Salary Rule was within the DOL's authority to define and delimit the terms of the White Collar Exemption. The court also held that this delegation of authority did not violate the nondelegation doctrine.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The Fifth Circuit held that the DOL's authority to define and delimit the terms of the White Collar Exemption included the power to set a minimum salary level. The court found that this power was explicitly delegated by Congress and was not an unconstitutional delegation of legislative power. The court also determined that the major questions doctrine did not apply, as the economic and political significance of the rule did not meet the threshold for invoking the doctrine. Additionally, the court concluded that the FLSA's purpose and the text of the exemption itself provided sufficient guidance to satisfy the nondelegation doctrine's requirements. View "Mayfield v. Department of Labor" on Justia Law

Christopher Dallas Nelson pleaded guilty to one count of possession of child pornography. The Presentence Investigation Report (PSR) revealed that Nelson possessed 3,699 images, including 196 images of his seven-year-old daughter and 25 images of his five-year-old daughter. Nelson admitted to downloading child pornography and taking images of his older daughter but denied producing images of his younger daughter. He also attempted to obstruct justice by hiding a laptop and cellphone containing evidence. Nelson's total offense level under the U.S. Sentencing Guidelines was 43, and he filed objections to the PSR.The United States District Court for the Western District of Texas sentenced Nelson to 240 months in prison, a $250,000 fine, additional restitution and special assessments totaling $10,100, and supervised release for life. The court imposed mandatory and standard conditions of supervised release and added discretionary special conditions barring Nelson’s access to the Internet. Nelson objected to these special conditions, and the court’s written judgment contained less severe versions of the Internet-related conditions. Nelson timely appealed.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's denial of a sentencing reduction for acceptance of responsibility, finding no abuse of discretion. The court also found that the written judgment conflicted with the oral pronouncement regarding Internet restrictions, holding that the oral pronouncement controls. Finally, the court held that the district court abused its discretion by imposing a lifetime Internet ban without exceptions, as it was not narrowly tailored. The court affirmed Nelson’s sentence except for the special conditions of supervised release, vacated the Internet-related conditions, and remanded for further proceedings. View "U.S. v. Nelson" on Justia Law

In the early morning of December 21, 2019, Corey Spiller went to assist his girlfriend, Dashanelle Moore, after her minor car accident on a Houston expressway. While conversing with officers at the scene, Sergeant Jared Lindsay arrived and directed Moore to a nearby truck stop for further procedures, instructing Spiller to follow in his car. When Spiller questioned the officers about Moore, Lindsay became enraged, seized Spiller by the neck, and slammed him onto a parked car, leading to a scuffle where Spiller was tased and arrested. The charges against Spiller were later dropped.Spiller filed a lawsuit under 42 U.S.C. § 1983 against Lindsay, Harris County, Harris County Constable Precinct 7, and Chief Constable May Walker, alleging excessive force, false arrest, bystander liability, retaliation, and ADA violations. The United States District Court for the Southern District of Texas dismissed claims against Harris County, Precinct 7, and Walker for failure to state a claim and granted summary judgment for Lindsay on the basis of qualified immunity. Spiller appealed, challenging the summary judgment on his Fourth Amendment excessive force, false arrest, First Amendment retaliation, and bystander liability claims against Lindsay, and the dismissal of his Monell claim against Harris County.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court reversed the district court’s summary judgment for Lindsay on the excessive force claim, finding genuine disputes of material fact regarding whether Lindsay's use of force was excessive and whether Spiller's actions justified such force. The court affirmed the district court’s rulings on the false arrest and First Amendment retaliation claims, concluding that Lindsay had probable cause for Spiller’s arrest. The court also upheld the dismissal of Spiller’s Monell claim against Harris County for failing to allege specific facts linking his injury to a county policy or custom. The case was remanded for further proceedings consistent with the opinion. View "Spiller v. Harris County" on Justia Law

Two defendants, Arturo Cuellar ("AC") and Ricardo Quintanilla, were involved in a scheme to bribe city commissioners in Weslaco, Texas, to secure contracts for an infrastructure project. The bribes were intended to influence the awarding of contracts to Camp Dresser & McKee (CDM) and Briones Consulting and Engineering, Ltd. Quintanilla bribed Commissioner Gerardo Tafolla, while AC bribed Commissioner John Cuellar (JC). Leo Lopez, a consultant for CDM and Briones, facilitated the bribes. The scheme involved multiple meetings and payments, with both commissioners taking actions to favor CDM and Briones. The city paid approximately $42.5 million to CDM, Briones, and LeFevre, with Lopez distributing funds to AC and Quintanilla.The United States District Court for the Southern District of Texas convicted Quintanilla and AC of various federal offenses, including conspiracy to commit honest-services wire fraud, honest-services wire fraud, federal program bribery, conspiracy to launder monetary instruments, and money laundering. Quintanilla was sentenced to 200 months in custody, while AC received 240 months. Both were also ordered to pay fines, special assessments, restitution, and forfeiture amounts. The defendants appealed their convictions and sentences.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the convictions and sentences. The court addressed several issues raised by the defendants, including claims of constructive amendment of the indictment, sufficiency of the indictment, recusal of the district judge, and evidentiary rulings. The court found that the government did not constructively amend the indictment and that the evidence supported the convictions. The court also held that the district judge did not need to recuse herself and that the evidentiary rulings were within the court's discretion. The court concluded that the defendants' arguments were either forfeited, not meritorious, or both. View "USA v. Quintanilla" on Justia Law

Curtis Terrell, after consuming a significant amount of alcohol, pain pills, and methamphetamine, began running erratically in a residential neighborhood. His wife, Angela Terrell, called 911, requesting an ambulance. Officer Jason Allgrunn arrived and arrested Mr. Terrell. When Mrs. Terrell began filming the incident, she was also arrested. The Terrells filed multiple federal and state claims against Allgrunn and other officers involved.The United States District Court for the Western District of Louisiana denied summary judgment to the defendants on all claims, rejecting their qualified immunity defense. The defendants appealed this decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court reversed the district court's denial of summary judgment for the defendants on the Terrells' false arrest claims, finding that Officer Allgrunn had probable cause to arrest both Mr. and Mrs. Terrell. The court also reversed the denial of summary judgment on Mrs. Terrell's excessive force claim, concluding that there was no clearly established law prohibiting the officer's conduct. However, the court dismissed the appeal regarding Mr. Terrell's excessive force claim for lack of jurisdiction, as there were genuine disputes of material fact about what occurred when Mr. Terrell was out of the video frame.Additionally, the court reversed the denial of summary judgment on the Terrells' malicious prosecution and First Amendment retaliation claims, citing the presence of probable cause. The court also reversed the denial of summary judgment for Officers Henderson and Banta on the failure-to-intervene claims, as there were no violations of clearly established constitutional law.Finally, the court vacated the district court's denial of summary judgment on the Louisiana state law claims and remanded for reconsideration in light of the appellate court's opinion. View "Terrell v. Allgrunn" on Justia Law

The case involves a long-standing litigation concerning the Orleans Parish Sheriff’s Office and the conditions at Orleans Parish Prison. Plaintiffs, including detainees and the United States, argued that the jail provided constitutionally inadequate housing and medical care. In 2013, a district court approved a consent decree to address these issues, which included a plan to construct a mental health annex, known as Phase III. Despite years of delays, the district court ordered the construction to proceed. No party appealed these orders at the time.The United States District Court for the Eastern District of Louisiana oversaw the case initially. In 2016, the parties entered a stipulated order to develop a plan for appropriate housing for prisoners with mental health issues. The Compliance Director later proposed the construction of Phase III, which was agreed upon by the former Sheriff and the City. However, the City later sought to explore alternatives, leading to further court orders in 2019 to proceed with Phase III. The City’s subsequent motion to halt the project was denied, and this decision was affirmed by the United States Court of Appeals for the Fifth Circuit in Anderson v. City of New Orleans.The United States Court of Appeals for the Fifth Circuit is currently reviewing the case. The new Sheriff, Susan Hutson, moved to terminate all orders concerning Phase III, arguing that the Prison Litigation Reform Act (PLRA) prohibits the construction of a new jail facility. The district court denied this motion, and the Fifth Circuit dismissed the appeal for lack of jurisdiction. The court held that it could review the denial of the motion but not the underlying orders, as the Sheriff’s motion was not a proper procedural mechanism under the PLRA to challenge the 2019 Orders and Stipulated Order. The appeal was dismissed, and the construction of Phase III continues. View "Anderson v. Hutson" on Justia Law

The case involves the Restaurant Law Center and the Texas Restaurant Association challenging a final rule by the Department of Labor (DOL) that restricts when employers can claim a "tip credit" for "tipped employees" under the Fair Labor Standards Act (FLSA). The tip credit allows employers to pay tipped employees a lower hourly wage, assuming tips will make up the difference to meet the minimum wage. The DOL's final rule imposes limits on the amount of non-tip-producing work a tipped employee can perform while still allowing the employer to claim the tip credit.The United States District Court for the Western District of Texas initially denied the plaintiffs' motion for a preliminary injunction, stating they would not suffer irreparable harm. The Fifth Circuit Court of Appeals reversed this decision, finding that the plaintiffs had shown irreparable harm and remanded the case for further consideration. On remand, the district court evaluated the merits and granted summary judgment in favor of the DOL, holding that the final rule was a permissible interpretation of the FLSA under Chevron deference and was neither arbitrary nor capricious.The United States Court of Appeals for the Fifth Circuit reviewed the case and found that the final rule was contrary to the clear statutory text of the FLSA and was arbitrary and capricious. The court held that the FLSA's definition of a "tipped employee" does not support the DOL's restrictions on non-tip-producing work. The court concluded that the final rule improperly focused on the pursuit of tips rather than the duties of the occupation itself. Consequently, the Fifth Circuit reversed the district court's summary judgment in favor of the DOL, rendered summary judgment for the plaintiffs, and vacated the final rule. View "Restaurant Law Center v. Department of Labor" on Justia Law