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

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

The plaintiffs, a group of individuals and entities associated with the Daughtry family, sued Silver Fern Chemical, Inc. and its employee, Gilda Franco. Silver Fern supplied the plaintiffs with a chemical called 1,4 butanediol (BDO), which can be used as a date-rape drug. The Drug Enforcement Administration (DEA) investigated the distribution of BDO for illicit use and subpoenaed Silver Fern for emails related to BDO purchases. Franco altered these emails to include a Safety Data Sheet (SDS) that was not originally attached, and the plaintiffs allege this was done to aid the government in prosecuting them.The United States District Court for the Eastern District of Texas dismissed the claims against Franco for lack of personal jurisdiction and against Silver Fern for failure to state a claim. The court found that the plaintiffs did not adequately allege that Silver Fern intended for them to rely on the altered emails, nor did they show reliance on these emails to their detriment. The court also dismissed the products-liability claims, stating that the plaintiffs were not the end users of the chemical and did not suffer physical harm.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's dismissal of the fraud claims, agreeing that the plaintiffs failed to show that Silver Fern intended for them to rely on the altered emails. The court also upheld the dismissal of the civil conspiracy to commit fraud claim, as it was dependent on the underlying fraud claim. Additionally, the court affirmed the dismissal of the products-liability claims, noting that the plaintiffs did not suffer physical harm and were not the end users of the chemical.The Fifth Circuit concluded that the district court's judgment of dismissal was correct and affirmed the decision. View "Daughtry v. Silver Fern Chemical" on Justia Law

Floyd Ruffin, a shoreline clean-up worker in Louisiana following the 2010 Deepwater Horizon oil spill, was diagnosed with prostate cancer five years later. Ruffin sued BP, alleging that his exposure to crude oil during the clean-up caused his cancer. He designated Dr. Benjamin Rybicki, a genetic and molecular epidemiologist, as his expert to establish causation. Rybicki claimed that Ruffin was exposed to polycyclic aromatic hydrocarbons (PAHs) in crude oil, specifically pointing to benzo(a)pyrene as a carcinogen.The United States District Court for the Eastern District of Louisiana excluded Rybicki’s testimony, finding it inadmissible under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc. The court concluded that Rybicki failed to identify a harmful level of exposure to PAHs necessary to cause prostate cancer and noted several methodological flaws in his analysis. Consequently, the court granted BP’s motion for summary judgment, determining that Ruffin lacked the necessary evidence to prove causation.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s exclusion of Rybicki’s testimony and the grant of summary judgment de novo. The Fifth Circuit affirmed the district court’s decision, agreeing that Rybicki’s testimony was inadmissible due to significant analytical gaps. The court noted that Rybicki’s testimony did not establish a link between PAHs and prostate cancer, as his analysis focused on benzo(a)pyrene, which Ruffin did not specifically claim to have been exposed to. Additionally, the court emphasized that general causation requires showing that a substance is capable of causing the specific injury in the general population, which Rybicki’s testimony failed to do. Consequently, the Fifth Circuit upheld the exclusion of the expert testimony and the summary judgment in favor of BP. View "Ruffin v. BP Exploration & Production, Incorporated" on Justia Law

Erick Jose Sandoval Argueta, a Salvadoran national, was lawfully present in the United States when he solicited sex over the internet from someone he believed to be a thirteen-year-old girl, who was actually an undercover police officer. He was convicted in Texas of online solicitation of a minor. Based on this conviction, an immigration judge (IJ) ordered him removed for committing a "crime of child abuse." The Board of Immigration Appeals (BIA) affirmed this decision.Sandoval Argueta filed two petitions for review. In the first, he challenged the BIA's determination of his removability and its denial of his motion to reconsider. The United States Court of Appeals for the Fifth Circuit reviewed the case. The court noted that Sandoval Argueta had been convicted of multiple crimes, including property theft, drug trafficking, and online solicitation of a minor. The government initially charged him with removability based on the solicitation conviction but later added charges related to his drug trafficking conviction. After the drug trafficking conviction was vacated, the government reasserted the "crime of child abuse" charge.The Fifth Circuit held that the best reading of "crime of child abuse" under 8 U.S.C. § 1227(a)(2)(E)(i) includes convictions for online solicitation of a minor, even if no actual child was involved. The court reasoned that the statute's broad language encompasses offenses that create a high risk of harm to a child, including attempt offenses. Therefore, Sandoval Argueta's conviction under Texas Penal Code § 33.021(c) categorically met the definition of a "crime of child abuse."In his second petition, Sandoval Argueta argued that the BIA erred by not considering his equitable tolling argument when denying his motion to reconsider. The Fifth Circuit found that the BIA did not abuse its discretion in denying the motion, as it was procedurally barred by statutory limits on the number of motions to reconsider and the prohibition on reconsidering a decision on a prior motion to reconsider.The Fifth Circuit denied both petitions for review. View "Argueta v. Bondi" on Justia Law

In 2022, the Midland Police Department responded to a domestic disturbance involving Billy Joe Russell and his girlfriend. Upon arrival, the police ordered Russell to exit the vehicle, and he informed them of a handgun in the car, which he later admitted to possessing. Russell, a felon, pleaded guilty to being in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). His presentence investigation report (PSR) calculated his base offense level to be 26 due to his prior convictions for two violent felonies and possession of a firearm capable of accepting a large-capacity magazine. The district court applied a three-point reduction for accepting responsibility, resulting in a net offense level of 23, and sentenced him to 115 months of imprisonment followed by three years of supervised release. Russell did not object to the PSR or his sentence.Russell appealed to the United States Court of Appeals for the Fifth Circuit, challenging the district court's categorization of his 2017 Tennessee aggravated-assault conviction as a crime of violence (COV). He argued that the district court plainly erred in this categorization. The Fifth Circuit reviewed the case for plain error, as Russell had not objected to the categorization at the district court level.The Fifth Circuit defined a guidelines COV and applied the categorical approach to determine if Russell's 2017 conviction qualified as a COV. The court found that Russell failed to show a clear or obvious error in the district court's categorization of his 2017 conviction as a COV. Russell did not provide any case law to support his interpretation that Tennessee's aggravated-assault statute criminalizes conduct causing solely mental harm. Consequently, the Fifth Circuit affirmed the district court's judgment, upholding Russell's sentence. View "United States v. Russell" on Justia Law

Charlene Carter, a flight attendant for Southwest Airlines, was terminated after sending graphic anti-abortion messages to the president of the flight attendants' union, Audrey Stone. Carter, a pro-life Christian, opposed the union's leadership and its participation in the Women's March, which she viewed as supporting abortion. After an arbitrator found that Southwest had cause to terminate Carter under its corporate policies, Carter sued Southwest and the union, claiming her termination violated Title VII of the Civil Rights Act and the Railway Labor Act (RLA).The United States District Court for the Northern District of Texas ruled in favor of Carter, finding that Southwest and the union had discriminated against her based on her religious beliefs and practices. The court permanently enjoined Southwest and the union from interfering with the religious expression of any Southwest flight attendant and held Southwest in contempt for failing to comply with its judgment. Both Southwest and the union appealed, and Carter cross-appealed.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court reversed the district court's denial of Southwest's motion for judgment as a matter of law on Carter's belief-based Title VII claim and RLA retaliation claim, remanding with instructions to enter judgment for Southwest. The court affirmed the judgment against Southwest on Carter's practice-based Title VII claims and the dismissal of Carter's RLA interference claim. The court also affirmed the judgment against the union on all claims but vacated the permanent injunction and remanded for additional proceedings. Additionally, the court vacated the contempt order against Southwest. View "Carter v. Southwest Airlines Company" on Justia Law

On May 14, 2022, the Lake Charles Police Department responded to a call about gunshots on N. Lyons Street. Officers approached Kirk August's home and found him in his backyard. A neighbor informed the officers that she had seen August firing a handgun. The officers conducted a protective sweep of the backyard, finding shell casings and a sign with bullet holes. They then conducted a protective sweep of the home, using keys retrieved from a car in the driveway, where they also found methamphetamine and ammunition. A search warrant was later obtained, leading to the discovery of firearms and more ammunition in the home.August was charged with possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1). The district court denied his motion to suppress the evidence obtained from the searches. A magistrate judge recommended denying the motion, and the district court adopted this recommendation. August pled guilty but reserved the right to appeal the denial of his motion to suppress. He was sentenced to 63 months in prison and three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the protective sweeps of the backyard and home were justified by exigent circumstances, as the officers had reasonable suspicion of danger. The court also held that the independent source doctrine applied, as the search warrant was supported by probable cause independent of any potentially tainted evidence. The court affirmed the district court's decision, allowing the evidence obtained from the searches to be used against August. View "USA v. August" 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

The case involves a dispute arising from alleged breaches of a partnership agreement between PNC Bank, N.A., Columbia Housing SLP Corporation (collectively, the "PNC Parties"), and Rene O. Campos, along with 2013 Travis Creek GP, LLC, as general partner. The partnership was formed to acquire, construct, develop, and operate an affordable housing apartment complex in Austin, Texas, with anticipated federal tax credits. A mechanic’s lien was placed on the property, leading to a default on the construction loan. The PNC Parties sought to remove the general partner and replace it with Columbia, resulting in a lawsuit.The PNC Parties filed the lawsuit in the United States District Court for the Western District of Texas, invoking diversity jurisdiction. The district court retained supplemental jurisdiction over the enforcement of the settlement agreement that resolved the 2017 lawsuit. In 2021, the Eureka Parties moved to re-open the case to enforce the settlement agreement, leading to competing motions to enforce. The district court severed the motions from the original lawsuit, creating a new case, and granted each motion in part, offsetting the balance owed. The Eureka Parties and the Partnership appealed.The United States Court of Appeals for the Fifth Circuit reviewed the case and found that the parties failed to establish an independent jurisdictional basis for the severed motions. The court noted that severed claims must have an independent jurisdictional basis and that the record lacked sufficient evidence to establish diversity of citizenship. Consequently, the court remanded the case to the district court for the limited purpose of determining whether such jurisdiction exists. The panel retained jurisdiction over the limited remand. View "PNC Bank v. 2013 Travis Oak Creek" on Justia Law

The case involves the Texas Public Policy Foundation (TPPF) filing a Freedom of Information Act (FOIA) request with the U.S. Department of State. TPPF sought records related to the development of the United States' 2030 emissions reduction target under the Paris Agreement, including the names and email addresses of State Department employees involved. The State Department redacted the names and email addresses, citing FOIA Exemption 6, which protects against unwarranted invasions of personal privacy.The U.S. District Court for the Western District of Texas granted summary judgment in favor of the State Department, agreeing that the redacted information fell under Exemption 6. The court found that disclosing the names and email addresses of lower-level employees would not advance public understanding of the government's operations and could subject the employees to harassment.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court held that the State Department did not meet its burden of proving that the privacy interests of its employees clearly outweighed the public's interest in disclosure. The court found that the public has a right to know who participated in developing the emissions reduction target and that the employees' privacy interests were not significant enough to justify withholding their names and email addresses. The court reversed the district court's decision and rendered judgment in favor of TPPF, requiring the State Department to disclose the requested information. View "Texas Public Policy v. U.S. Dept. of State" on Justia Law