Justia Civil Rights Opinion Summaries

A group of businesses and individuals in the vision care industry challenged Texas House Bill 1696, which regulates managed vision care plans by limiting the information these plans can provide to their enrollees. The plaintiffs argued that the bill imposed unconstitutional burdens on their rights of commercial speech, associational freedom, and equal protection under the First and Fourteenth Amendments. They sought a preliminary injunction to prevent the bill's enforcement and the defendants, Texas officials, moved to dismiss the case, claiming sovereign immunity.The United States District Court for the Northern District of Texas denied the defendants' motion to dismiss and granted the preliminary injunction. The court found that the plaintiffs were likely to succeed on their commercial speech claims and that the equities favored a preliminary injunction. The defendants appealed both the denial of their sovereign immunity defense and the grant of the preliminary injunction.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's decision to deny the motion to dismiss as it related to Texas Insurance Commissioner Cassie Brown, finding that she had a specific duty to enforce the statute. However, the court vacated the denial of the motion to dismiss as it related to Governor Greg Abbott and Attorney General Ken Paxton, determining that they did not have a sufficient connection to the enforcement of the statute. The court also affirmed the preliminary injunction against Commissioner Brown, concluding that the plaintiffs were likely to succeed on their commercial speech claim and that the balance of equities favored the injunction. The court vacated the preliminary injunction as it applied to Governor Abbott and Attorney General Paxton and remanded the case for modification of the orders. View "Healthy Vision Association v. Abbott" on Justia Law

Houston police officers Manual Salazar and Nestor Garcia, members of the Gang Division Crime Reduction Unit, fatally shot David Anthony Salinas on July 14, 2021, following a pursuit in a sting operation. His widow, Brittany Salinas, filed a lawsuit against Officers Salazar and Garcia and the City of Houston, asserting claims under 42 U.S.C. § 1983, the Texas Tort Claims Act, and the state-created danger theory of constitutional liability.The United States District Court for the Southern District of Texas granted the defendants' motion to dismiss in full. The court found that Brittany Salinas had standing to bring her claims but concluded that the officers were entitled to qualified immunity and that the claims against the City of Houston were meritless. Brittany Salinas timely appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court found that the officers had reasonable suspicion to detain Salinas based on the identifying information on his vehicle and his refusal to stop when the officers engaged their lights. The court also found that the officers did not violate Salinas' Fourth Amendment rights, as they reasonably believed he posed an immediate threat when he continuously reached within his vehicle despite their commands to show his hands. The court affirmed the district court's dismissal of the § 1983 claims against the officers, finding that they were entitled to qualified immunity.Regarding the claims against the City of Houston, the court found no constitutional injury and affirmed the dismissal of the § 1983 claims. The court also affirmed the dismissal of the Texas Tort Claims Act claims, as they were foreclosed by the ruling on qualified immunity and barred by case law. The court concluded that the City of Houston's sovereign immunity had not been waived. The Fifth Circuit affirmed the district court's dismissal of all claims. View "Salinas v. City of Houston" on Justia Law

Professor James Wetherbe, known for his anti-tenure views, claimed he faced retaliation from Lance Nail, the then-dean of the business school at Texas Tech University (TTU), for his public criticisms of tenure. Wetherbe alleged that Nail's retaliatory actions included removing him from teaching assignments, falsely accusing him of misconduct, and revoking his emeritus status, among other adverse actions. Wetherbe sued Nail under 42 U.S.C. §1983 for violating his First Amendment rights and sought injunctive and declaratory relief against the current dean, Margaret Williams.The United States District Court for the Northern District of Texas denied the defendants' second amended Rule 12(c) motion, holding that Wetherbe sufficiently alleged a constitutional violation and that Nail’s actions were objectively unreasonable in light of clearly established law. The defendants appealed the denial of qualified immunity.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court concluded that the contours of First Amendment law regarding retaliation were not clearly established at the time the events occurred. Specifically, the court found that it was not clearly established that Wetherbe’s speech regarding tenure was on a matter of public concern. Consequently, the court reversed the district court’s order and rendered judgment in favor of the defendants, granting Nail qualified immunity from Wetherbe’s First Amendment retaliation claims. The court did not address Wetherbe’s claims for declaratory and injunctive relief against Williams, as the district court had not ruled on those claims. View "Wetherbe v. Texas Tech University" on Justia Law

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

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

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

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

Mark Eugene Ricks, a Texas state prisoner, filed a pro se lawsuit under 42 U.S.C. § 1983 against employees of the University of Texas Medical Branch (UTMB), alleging violations of his Eighth Amendment rights. Ricks claimed that he was denied treatment for chronic hepatitis C virus (HCV) based on nonmedical reasons and that the TDCJ HCV Policy was the driving force behind this unconstitutional denial of treatment. He sought injunctive and declaratory relief, as well as damages.The United States District Court for the Southern District of Texas granted the defendants' motion to dismiss Ricks's complaint for failure to state a claim, concluding that his allegations did not support a claim for deliberate indifference. The district court also denied Ricks's motion for appointment of counsel. Ricks filed a timely appeal, and the district court denied him leave to proceed in forma pauperis (IFP) on appeal, certifying that any appeal would not be taken in good faith.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo and found that the district court erred in dismissing Ricks's complaint without allowing him an opportunity to amend his pleadings. The appellate court held that Ricks's allegations, when liberally construed, could potentially raise a viable claim of deliberate indifference. The court also found that the district court abused its discretion in denying Ricks's motion for appointment of counsel without considering the relevant factors set out in Ulmer v. Chancellor.The Fifth Circuit vacated the district court's orders granting the motion to dismiss and denying the appointment of counsel. The case was remanded with instructions for the district court to allow Ricks to amend his pleadings and to appoint counsel to represent him. View "Ricks v. Khan" on Justia Law

Julie Nevarez, on behalf of herself and her minor children, filed a lawsuit under 42 U.S.C. § 1983 against Louisiana State Police Troopers Justin Leonard and Anthony Dorris. The case stems from the fatal shooting of her husband, Miguel Nevarez, by officers from the Houma Police Department and the Terrebonne Parish Sheriff’s Office. Following the shooting, the Troopers obtained search warrants for the Nevarez home, the car Mr. Nevarez was in, and Mrs. Nevarez’s cell phone, claiming they were investigating an aggravated assault against a police officer by Mr. Nevarez. Mrs. Nevarez contended that this justification was pretextual and that the affidavits lacked probable cause.The United States District Court for the Eastern District of Louisiana denied the Troopers' third motion to dismiss, ruling that they were not entitled to qualified immunity. The court found that the plaintiffs plausibly alleged a claim under Malley v. Briggs, concluding that a reasonable officer would understand there was no probable cause to support the search warrants, given that Mr. Nevarez was deceased and the affidavits did not suggest others were involved or that the crime was ongoing.The United States Court of Appeals for the Fifth Circuit reviewed the case and reversed the district court's decision. The appellate court held that there was no clearly established law indicating that probable cause could not support a warrant to search for evidence of a crime that could not be prosecuted because the suspect had died. Consequently, the Troopers were entitled to qualified immunity. The case was remanded for further proceedings consistent with this opinion. View "Nevarez v. Dorris" on Justia Law

Alejandro Estevis was involved in a high-speed chase with the Laredo Police Department (LPD) that lasted two hours and reached speeds over 100 mph. The chase ended when officers forced Estevis's truck off the road. Estevis then rammed a police cruiser and attempted to flee again, prompting two officers to fire nine shots at him, injuring him severely. Estevis sued the officers, claiming they used excessive force.The United States District Court for the Southern District of Texas granted the officers qualified immunity for the first three shots but denied it for shots four through nine. The court found that while Estevis posed a threat initially, the threat had diminished by the time the later shots were fired. The court reasoned that Estevis had stopped revving his engine and was no longer an immediate threat, making the additional shots potentially excessive.The United States Court of Appeals for the Fifth Circuit reviewed the case and reversed the district court's decision. The appellate court held that the officers did not violate clearly established law by firing the additional shots under the circumstances. The court noted that the situation was dangerous and unpredictable, and the officers had reason to believe they were still under threat. The court found that existing precedent did not clearly establish that the officers' actions were unlawful, and thus, they were entitled to qualified immunity for all shots fired. The court rendered judgment granting the officers qualified immunity for shots four through nine. View "Estevis v. Cantu" on Justia Law