Justia Civil Rights Opinion Summaries
Articles Posted in U.S. Court of Appeals for the Fifth Circuit
USA v. Peterson
George Peterson was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for illegal firearm transactions at his business, PDW Solutions, LLC, which he operated from his home. The ATF conducted undercover operations where Peterson sold firearms without reporting the transactions as required. Based on this, a magistrate judge issued a warrant to search Peterson's home and business. During the search, agents found an unregistered firearm suppressor in Peterson's bedroom-closet safe. Peterson was indicted for possession of an unregistered suppressor.The United States District Court for the Eastern District of Louisiana denied Peterson's pretrial motions to dismiss the indictment on Second Amendment grounds and to suppress the evidence on Fourth Amendment grounds. Peterson argued that the National Firearms Act's (NFA) registration requirement for suppressors violated his Second Amendment rights and that the search warrant lacked probable cause. The district court rejected these arguments, and Peterson entered a conditional guilty plea, reserving the right to appeal the denial of his motions.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that suppressors are not "Arms" protected by the Second Amendment, as they are accessories and not weapons themselves. Therefore, the NFA's registration requirement does not violate the Second Amendment. Additionally, the court found that the good-faith exception to the exclusionary rule applied, as the officers reasonably relied on the warrant issued by the magistrate judge. The court affirmed the district court's denial of Peterson's motions to dismiss and suppress. View "USA v. Peterson" on Justia Law
Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives
The case involves a challenge to the constitutionality of 18 U.S.C. §§ 922(b)(1) and (c)(1), which prohibit Federal Firearms Licensees (FFLs) from selling handguns to individuals aged eighteen to twenty. The plaintiffs, including individuals in this age group and several nonprofit organizations, argue that these provisions infringe on their Second Amendment rights and deny them equal protection under the Fifth Amendment.The United States District Court for the Western District of Louisiana found that the plaintiffs had standing but dismissed the case under Rule 12(b)(6). The district court assumed that the Second Amendment's plain text covered the purchase of firearms by eighteen-to-twenty-year-olds but concluded that the prohibition was consistent with the nation's historical tradition of firearm regulation, relying on the framework established by the Supreme Court in New York Rifle & Pistol Ass’n, Inc. v. Bruen.The United States Court of Appeals for the Fifth Circuit reviewed the case and concluded that the Second Amendment does cover the right of eighteen-to-twenty-year-olds to purchase firearms. The court found that the historical evidence presented by the government, including 19th-century laws, was insufficient to establish a tradition of restricting firearm rights for this age group in a manner similar to the contemporary federal handgun purchase ban. The court emphasized that the Second Amendment's protections extend to all law-abiding, adult citizens, including those aged eighteen to twenty.The Fifth Circuit held that 18 U.S.C. §§ 922(b)(1) and (c)(1) and their attendant regulations are unconstitutional as they are inconsistent with the nation's historical tradition of firearm regulation. The court reversed the district court's judgment and remanded the case for further proceedings consistent with its opinion. View "Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives" on Justia Law
Carmona v. Olvera
Ignacia Carmona, representing herself and the estate of Veronica Carmona, filed a lawsuit against the City of Brownsville and several officers, claiming that the officers failed to provide necessary medical care to Veronica Carmona, who died while in pretrial detention. Veronica had been involved in multiple car accidents on the same night and exhibited visible injuries. Despite this, the officers did not seek medical attention for her, and she was later found dead in her cell due to internal bleeding from liver lacerations.The United States District Court for the Southern District of Texas dismissed the claims against the officers, granting them qualified immunity. The court concluded that the complaint did not plausibly allege that the officers had subjective knowledge of a substantial risk of serious harm to Veronica Carmona. The court found that the officers' failure to seek medical care did not amount to deliberate indifference because the injuries were not visibly apparent, and there were no complaints from Carmona that revealed the full extent of her injuries.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the plaintiff failed to plausibly allege that the officers were subjectively aware of the risk of internal bleeding. The court emphasized that actual knowledge of the risk is required for liability, and mere negligence or the fact that the officers should have known about the risk is insufficient. As a result, the officers were entitled to qualified immunity, and the dismissal of the deliberate-indifference claims was upheld. View "Carmona v. Olvera" on Justia Law
Uvukansi v. Guerrero
In 2012, three people were shot and killed outside a nightclub in Houston, Texas. Feanyichi E. Uvukansi was identified by an eyewitness, Jeresano, who picked him out of a photo array. Uvukansi was convicted of capital murder and sentenced to life without parole. At trial, Jeresano testified that he had no agreement with prosecutors regarding his testimony, but it was later revealed that he did have an agreement that could reduce his federal drug sentence in exchange for his testimony.Uvukansi did not raise the issue of false testimony on direct appeal but did so in state habeas proceedings. The state district court found that Jeresano's testimony was false but deemed it immaterial because the jury was aware of parts of the agreement through other testimony. The Texas Court of Criminal Appeals denied Uvukansi’s application without a written order. Uvukansi then filed a Section 2254 application in federal district court, which was dismissed on the grounds that the state court's decision was not contrary to, or an unreasonable application of, clearly established Supreme Court precedent.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the state district court applied the correct "reasonable likelihood" standard for materiality and did not impose a higher burden of proof on Uvukansi. The court also found that the state district court did not err in considering the false testimony's impact on Jeresano's credibility rather than the identification itself. The Fifth Circuit concluded that the state court's decision was not contrary to, or an unreasonable application of, clearly established Supreme Court precedent and affirmed the dismissal of Uvukansi's Section 2254 application. View "Uvukansi v. Guerrero" on Justia Law
Stapleton v. Lozano
Joshua Stapleton was arrested for public intoxication by Officer Ernesto Lozano after failing a field sobriety test. During the booking process, Stapleton informed Officer Lozano that he was not feeling well and exhibited signs of intoxication. Despite this, he did not receive medical attention and was placed in a holding cell. Over the next few hours, Stapleton's condition deteriorated, and he eventually died from "combined drug toxicity." His family sued the officers and the police chief under 42 U.S.C. § 1983, alleging deliberate indifference to Stapleton's serious medical needs.The United States District Court for the Southern District of Texas denied the officers' and police chief's motion to dismiss the lawsuit based on qualified immunity. The defendants argued that the plaintiffs had not sufficiently alleged that the officers and chief were deliberately indifferent to a substantial risk of serious harm or that their conduct violated clearly established law. The district court's denial of the motion led to the current appeal.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 plaintiffs did not sufficiently allege a deliberate-indifference claim against the officers. The court found that the symptoms exhibited by Stapleton were initially ambiguous and did not suggest a need for immediate medical attention. The court also determined that the plaintiffs failed to show that the officers acted with deliberate indifference, as required to overcome qualified immunity. Additionally, the court concluded that the plaintiffs did not establish that the constitutional right at issue was clearly established at the time of the alleged violation. Consequently, the appellate court reversed the district court's denial of the motion to dismiss based on qualified immunity. View "Stapleton v. Lozano" on Justia Law
Duarte v. City of Lewisville, Texas
Plaintiff and his family challenged the City's ordinance restricting where certain individuals convicted of sex offenses may live within the city. The Fifth Circuit affirmed the district court's grant of summary judgment for the city, holding that even assuming the ordinance deprived plaintiff of a liberty interest, due process does not entitle him to a hearing to establish a fact that is not material under the statute. In this case, the fact that defendant seeks to prove his current dangerousness is of no consequence under the ordinance. The court also held that the ordinance did not violate the Equal Protection Clause because its challenged classification rationally furthers a legitimate state interest. View "Duarte v. City of Lewisville, Texas" on Justia Law
Coleman v. Lincoln Parish Detention Center
Plaintiff appealed the dismissal of his 42 U.S.C. 1983 pro se complaint as frivolous and for failure to state a claim. The Fifth Circuit affirmed, holding that plaintiff's claims for declaratory and injunctive relief under the Religious Land Use and Institutionalized Persons Act (RLUIPA), was moot after his transfer to a different detention center; plaintiff's First Amendment claim failed because, other than not being allowed to attend Jumu'ah prayer services, he has not identified any other restrictions on his ability to express or exercise his faith; plaintiff's claims regarding the denial of medical care, negligent or deliberately indifferent infliction of injury, interference with his mail/denial of access to the courts, denial of equal protection, and retaliation were either not briefed at all or not adequately briefed; and plaintiff filed a formal motion requesting leave to file his proposed third amended complaint, and his "proposed order" accompanying that complaint did not qualify as such a motion. The court denied plaintiff's motion for a proposed settlement, and noted that the dismissal of this complaint counts as a strike under 28 U.S.C. 1915(g). Because plaintiff has at least three other strikes, he is barred from proceeding in forma pauperis. View "Coleman v. Lincoln Parish Detention Center" on Justia Law
Coker, v. Whittington
Two former sheriff's deputies were terminated for violating the Sheriff's Code of Conduct because they moved in with each other's wife and family before getting divorced from their current wives. The district court held that the Code policies invoked against the deputies were supported by the rational grounds of preserving a cohesive police force and upholding the public trust and reputation of the Sheriff's Department, and that the Code was not unconstitutionally vague as written or enforced. The Fifth Circuit affirmed the district court's judgment in favor of defendants, holding that the district court made no reversible error of fact or law. The court explained that Obergefell v. Hodges does not alter applicable law, and did not create "rights" based on relationships that mock marriage. View "Coker, v. Whittington" on Justia Law
Brown v. Megg
Pursuant to the Prison Litigation Reform Act (PLRA), 28 U.S.C .1915(g), a third strike bars a prisoner from proceeding in forma pauperis unless the prisoner is under imminent danger of serious physical injury. A strike issues when a prisoner's action is dismissed as frivolous, malicious, or for failure to state a claim. However, a strike does not issue when only some claims are dismissed on section 1915(g) grounds. In this case, plaintiff's claims were dismissed for failure to state a claim while others were adequately pleaded but failed at summary judgment. The Fifth Circuit affirmed the dismissal of plaintiff's claim that defendants were deliberately indifferent to his serious medical needs, but vacated the strike because the strike did not issue when only some of plaintiff's claims were dismissed on section 1915(g) grounds. View "Brown v. Megg" on Justia Law
In Re: Eric Cathey
Petitioner challenged the district court's transfer of his habeas petition to the Fifth Circuit based on the ground that the petition was second or successive. The Fifth Circuit affirmed the transfer order, holding that there was no intervening judgment here because the 2014 Texas Court of Criminal Appeal decision was not the one authorizing petitioner's confinement. In the alternative, the Fifth Circuit found that petitioner had made a requisite prima facie showing to file a successive habeas petition and the court granted his motion for authorization to file a successive petition. In this case, petitioner's Atkins claim relied on a previously unavailable new rule of constitutional law and his Atkins claim had merit. View "In Re: Eric Cathey" on Justia Law