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

Jason and Brandren Sims filed a lawsuit against the Dallas Independent School District (DISD) under 42 U.S.C. § 1983 after their mother, a special-education instructor, died following an assault by a student. They claimed that DISD was directly liable for her death due to an official policy or custom that led to a constitutional violation.The United States District Court for the Northern District of Texas dismissed the case for failure to state a claim. The plaintiffs appealed the decision, arguing that the district court erred in its dismissal.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's dismissal. The appellate court held that the plaintiffs failed to establish direct liability against DISD under § 1983. Specifically, the court noted that to prove such liability, plaintiffs must show an official policy or custom, knowledge of the policy by a policymaker, and a constitutional violation caused by that policy. The plaintiffs relied on the state-created danger theory of substantive due process to establish a constitutional violation. However, the Fifth Circuit reiterated that neither it nor the Supreme Court has ever adopted this theory. The court declined to recognize the state-created danger theory, citing the Supreme Court's caution against identifying unenumerated rights without a careful and deeply rooted historical basis. Consequently, the court affirmed the district court's dismissal of the case. View "Sims v. Dallas Independent School District" on Justia Law

The case involves the State of Texas and several companies challenging the United States Environmental Protection Agency (EPA) over the designation of two Texas counties, Rusk and Panola, as nonattainment areas for the 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The EPA's designation was based on data submitted by the Sierra Club, which the petitioners argued was flawed and not representative of actual air quality.The EPA initially designated the counties as nonattainment in 2016, relying on Sierra Club's modeling data. In 2019, the EPA proposed to correct this designation, suggesting the data might have been insufficient and the designation could have been an error. However, in 2021, the EPA withdrew this proposal and denied the petitioners' request for reconsideration, maintaining the nonattainment designation.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the EPA's reliance on Sierra Club's modeling, despite acknowledging its limitations and the presence of conflicting monitoring data, was arbitrary and capricious. The court held that the EPA failed to reconcile the inconsistencies between the modeling and the monitoring data, which created an unexplained inconsistency in the rulemaking record.The court also addressed the petitioners' argument that the EPA did not properly consider Luminant's alternative modeling. The court concluded that the EPA did not act unlawfully in rejecting Luminant's model because it did not follow the required approval process for alternative models.Ultimately, the Fifth Circuit granted the petitions for review and remanded the case to the EPA for further proceedings, instructing the agency to engage in reasoned decision-making in accordance with the court's interpretation of the relevant statutory provisions. View "Texas v. Environmental Protection Agency" on Justia Law

Scott Davis purchased property in Tomball, Texas, using fraudulently obtained loan proceeds from the Paycheck Protection Program. He later used this property as collateral to secure a $360,000 loan from Gravity Capital. Davis pleaded guilty to wire fraud and agreed to forfeit the Tomball property. The district court issued a preliminary order of forfeiture and notified interested parties. E. Alan Tiras and Gravity Funding filed ancillary petitions claiming an interest in the property. The district court granted Tiras' petition but denied Gravity Funding's petition due to a drafting error, as the petition was signed on behalf of Gravity Funding instead of Gravity Capital.The United States District Court for the Southern District of Texas found that Gravity Funding had no interest in the loan issued to Davis, and Gravity Capital was not a party to the petition. Consequently, the court denied Gravity Funding's petition. Gravity Funding and Gravity Capital appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the petition failed to comply with 21 U.S.C. § 853(n) because it was signed by Gravity Funding, not Gravity Capital. The court also noted that any attempt to amend the petition to include Gravity Capital was untimely, as it was made eleven months after the statutory deadline. The court affirmed the district court's decision, concluding that Gravity Capital's failure to assert a valid interest under § 853(n) also invalidated its challenge to the Tiras petition. The court emphasized the importance of strict compliance with statutory requirements in forfeiture cases. View "United States v. Tiras" on Justia Law

Alisha Strife, a former U.S. Army service member with disabilities, requested that her employer, Aldine Independent School District (AISD), allow her service dog to accompany her at work. Strife's disabilities include PTSD and physical impairments, and her service dog, Inde, assists her with these conditions. Strife submitted her accommodation request on August 30, 2022, but AISD took six months to approve it, during which time Strife provided multiple medical documents supporting her need for the service dog.The United States District Court for the Southern District of Texas dismissed Strife's claims for failure to accommodate and hostile work environment. The court also granted AISD's motion for summary judgment on Strife's claims of disability discrimination, retaliation, and interference. The district court found that Strife did not suffer a physical injury during the six-month period and that she failed to allege a hostile work environment. The court also concluded that AISD had legitimate reasons for its actions and that Strife did not demonstrate that AISD's rationale was pretextual.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's dismissal of the hostile work environment claim, agreeing that Strife's allegations did not meet the standard for a hostile work environment. The court also affirmed the summary judgment on the disability discrimination, retaliation, and interference claims, finding that AISD had legitimate reasons for its actions and that Strife did not provide sufficient evidence of pretext.However, the Fifth Circuit reversed the dismissal of Strife's failure-to-accommodate claim. The court found that Strife had pled sufficient facts to suggest that AISD's six-month delay in granting her accommodation request could constitute a failure to accommodate her disability. The case was remanded to the district court for further proceedings on this claim. View "Strife v. Aldine Independent School District" on Justia Law

In 2009, Wesley Swick pled guilty to possessing a stolen firearm and was sentenced to 33 months in prison and two years of supervised release. His federal sentence was to run concurrently with longer state sentences. Swick was released from state prison in 2017 but did not report to federal probation as required. His failure to report went unnoticed until after his supervised release period should have ended. During this time, Swick committed several state crimes and served additional time in state prison.The United States District Court for the Northern District of Texas revoked Swick's supervised release based on his failure to report and subsequent criminal activities. The court asserted jurisdiction using the fugitive tolling doctrine, which pauses the supervised release period when a supervisee absconds from supervision. Swick was sentenced to 24 months in prison, to run consecutively with a separate federal sentence for a felon-in-possession charge.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that fugitive tolling applies to supervised release, meaning that Swick's supervised release period was tolled when he failed to report to probation. The court found sufficient evidence to support the district court's conclusion that Swick intentionally avoided supervision, as he did not report to federal probation despite knowing his obligation to do so. The Fifth Circuit affirmed the district court's decision to revoke Swick's supervised release and the imposition of the 24-month prison sentence. View "United States v. Swick" on Justia Law

James Ethridge, a Texas resident, purchased a Samsung 18650 lithium-ion battery from a Wyoming-based seller on Amazon in October 2018. The battery exploded in his pocket in November 2019, causing severe burns and other injuries. Ethridge filed a personal injury lawsuit in Texas state court in 2021 against Samsung SDI Company, Firehouse Vapors LLC, and two Amazon entities. He later added Macromall LLC as a defendant. After dismissing Firehouse Vapors, the remaining defendants removed the case to federal court. Ethridge then dismissed Macromall, leaving Samsung and the Amazon entities as defendants.The United States District Court for the Southern District of Texas granted summary judgment in favor of the Amazon defendants and dismissed Samsung for lack of personal jurisdiction. Ethridge appealed the dismissal of Samsung to the United States Court of Appeals for the Fifth Circuit, voluntarily dismissing his appeal against Amazon.The Fifth Circuit reviewed the district court's decision de novo and reversed the dismissal. The court held that Samsung had purposefully availed itself of the Texas market by shipping 18650 batteries to companies like Black & Decker, HP, and Dell in Texas. The court found that Ethridge's claims were related to Samsung's contacts with Texas, as the same type of battery that injured Ethridge was sold in Texas. The court concluded that exercising personal jurisdiction over Samsung in Texas was fair and reasonable, given the state's interest in providing a forum for its injured residents and Samsung's ability to litigate in Texas. The case was remanded for further proceedings. View "Ethridge v. Samsung SDI" on Justia Law

Tracy Turner, a railway conductor employed by BNSF Railway for fifteen years, failed two vision tests required by federal law in 2020. The first test was the Ishihara 14-plate clinical vision test, which Turner failed due to a color deficiency affecting his perception of red and green. At his request, Turner was given a second vision field test by BNSF’s medical examiner, which he also failed. Consequently, BNSF did not recertify Turner as a conductor, as required by federal regulations.Turner did not appeal the denial of his recertification through the Federal Railway Administration (FRA) administrative review process. Instead, he filed a disability-discrimination charge with the Equal Employment Opportunity Commission (EEOC), which provided him with a right-to-sue letter. Turner then sued BNSF, claiming that the company violated the Americans with Disabilities Act (ADA) by not recertifying him due to his color deficiency. BNSF moved for judgment on the pleadings, and the United States District Court for the Northern District of Texas granted the motion, ruling that Turner was not a "qualified individual" under the ADA and that his claim was precluded.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s judgment de novo. The court affirmed the district court’s decision, holding that Turner was not a "qualified individual" under the ADA because he failed to obtain the FRA-required certification and did not exhaust the available administrative remedies. The court emphasized that BNSF was bound by federal law and FRA regulations, which mandated the vision tests and certification process. Turner’s failure to pursue the FRA’s appeals process meant he could not establish an essential element of his ADA claim. View "Turner v. BNSF Railway" on Justia Law

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

In 2006, Cabot Oil & Gas Company began fracking in Dimock Township, Pennsylvania. By 2009, their operations caused a residential water well explosion, leading to methane gas contamination in local water supplies. The Pennsylvania Department of Environmental Protection (DEP) found Cabot in violation of environmental laws, resulting in the 2009 Consent Order, which mandated corrective actions and a $120,000 penalty. Cabot violated this order by 2010, leading to another consent order and additional fines. Over the next decade, Cabot received numerous violation notices and faced lawsuits, including a 2020 grand jury finding of long-term indifference to remediation efforts, resulting in criminal charges and a nolo contendere plea.Shareholders filed a derivative suit against Cabot’s directors, alleging breaches of fiduciary duties, including failure to oversee operations, issuing misleading statements, and insider trading. The United States District Court for the Southern District of Texas dismissed the claims, finding no serious oversight failure or bad faith by the directors, and insufficient particularized allegations to support claims of material misrepresentation or insider trading.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court affirmed the district court’s dismissal, agreeing that the directors had implemented and monitored compliance systems, and that the shareholders failed to demonstrate bad faith or conscious disregard of duties. The court also found that the statements in Cabot’s disclosures were not materially misleading and that the shareholders did not adequately plead demand futility regarding the insider trading claim. Thus, the court upheld the dismissal of all claims with prejudice. View "Ezell v. Dinges" 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