Justia Civil Rights Opinion Summaries

After the Supreme Court overturned Plaintiff’s Louisiana capital murder conviction, Plaintiff brought Section 1983 and 1988 suits against the state prosecutor and a sheriff’s detective, alleging that they fabricated evidence that deprived him of due process and a fair trial. Defendants, District Attorney and Livingston Parish Sheriff’s, each moved to dismiss for failure to state a claim under Rule 12(c) based on assertions of absolute prosecutorial immunity. The district court denied the motions, holding that neither defendant was entitled to absolute immunity for fabricating evidence by intimidating and coercing a juvenile to adopt a false narrative the defendants had concocted out of whole cloth.   The Fifth Circuit affirmed the district court’s rulings, holding that a police officer is not entitled to absolute immunity reserved for a prosecutor. The court held that neither the Detective nor the District attorney is owed absolute immunity under the facts alleged in Plaintiff’s complaint. The court reasoned that the Supreme Court has made clear that police officers, even when working in concert with prosecutors, are not entitled to absolute immunity. Nor are prosecutors when they step outside of their role as advocates and fabricate evidence. The facts and actions alleged by the complaint are fundamentally investigatory in nature, and therefore absolute immunity is not warranted. View "Wearry v. Foster" on Justia Law

In a consolidated appeal, Plaintiffs challenged the district court’s application of the independent intermediary doctrine to dismiss their Fourth Amendment false arrest claims. Plaintiffs are motorcyclists who had gathered at a meeting and were eventually arrested following a shootout for Engaging in Organized Criminal Activity (“EIOCA”). All were arrested pursuant to the same “form warrant affidavit” that was presented as the basis for the arrest warrants. Following their arrests, Plaintiffs filed multiple individual Sec. 1983 actions asserting similar false arrest claims, which were premised on alleged defects in the form affidavit used to secure the arrest warrants. The district court granted in full the motion to dismiss the false arrest claims, but it did not discuss the merits of the claims.   The Fifth Circuit reversed the district court’s ruling and found in favor of Plaintiffs in their challenge of the district court’s application of the independent intermediary doctrine to dismiss their Fourth Amendment false arrest claims. The court held that the district court erred in its application of the independent intermediary doctrine. The court reasoned that an adequately pled Malley or Franks claim will also suffice to functionally apply the taint exception to the magistrate’s decision, if a plaintiff adequately pleads that a second intermediary, such as a grand jury, has been misled in a similar fashion, then the taint exception will apply to that intermediary’s decision as well. The court declined to decide whether Plaintiffs have adequately pleaded a Franks violation with respect to any of the named defendants. View "Miller, et al v. Stroman, et al" on Justia Law

Student is an elementary school pupil at the School District (“SD”). The SD moved her from general education into an essential academics program after they determined that despite the accommodations it offered her, Student was not making appropriate progress. Student’s mother objected to the SD’s decision and sought a due process hearing under the IDEA. A hearing officer concluded that the SD’s proposal was: (1) Student’s least restrictive environment; and (2) appropriate in light of her circumstances. Student’s mother appealed to the district court which affirmed the hearing officer’s decision. The Fifth Circuit affirmed the decision.   The court held that It is Student’s burden to establish that the SD’s decision violates IDEA and she has not carried that burden. The court reasoned that the proposed blended placement IEP is Student’s least restrictive environment. The court found that the SD took steps to accommodate Student by reviewing her overall record and found that she was not making appropriate progress in light of her circumstances. Further, the court considered what effect Student had on the general education classroom.   Finally, the court reasoned that to comply with the IDEA, a student’s plan must provide for exposure to nonhandicapped students to the maximum extent appropriate. Here, although Student occasionally saw glimpses of progress, the bottom line was one of minimal improvement and even regression. The proposed blended placement IEP was the next logical step when the SD found that Student was still not improving. View "H.W. v. Comal Indep Sch Dist" on Justia Law

Plaintiff filed a claim under Title VII of the Civil Rights Act of 1964 (“Title VII”) against the Administrators of the Tulane Education Fund (“Administrators”), alleging gender discrimination, retaliation, and hostile work environment. The district court granted summary judgment in favor of Defendant and Plaintiff appealed arguing that the district court’s ruling was erroneous.   The Fifth Circuit affirmed the district court’s grant of summary judgment in favor of Administrators. Plaintiff argued that the district court improperly required her to demonstrate that her proffered comparators were strictly identical. The court found that Plaintiff failed to establish a prima facie case because she did not present evidence that any male physician shared characteristics that would render them similarly situated. Further, even if Plaintiff established a prima facie case, her claim would not succeed because she did not rebut Defendant’s non-discriminatory reasons for declining to renew her contract.   The court further affirmed summary judgment in favor of Defendant on Plaintiff’s retaliation claim. The court concluded that a reasonable jury could not establish that her protected conduct was the “but for” reason for the alleged adverse employment action.   Finally, the court affirmed summary judgment in favor of Defendant on Plaintiff’s hostile work environment claim. The court found that although Plaintiff endured severe treatment by her supervisor, she did not establish that the treatment was based on her gender. View "Saketkoo v. Admin Tulane Educ" on Justia Law

Appellee sued officers asserting various Section 1983 claims including excessive force, unreasonable seizure due to an arrest without probable cause, malicious prosecution, violation of her First Amendment rights for arresting her in retaliation for filming the officers, and violation of her Fourteenth Amendment rights. The district court held that disputed issues of material fact barred summary judgment on the excessive force claim and that, viewing the facts in Appellee’s favor, the officers violated a clearly established right.   The Fifth Circuit denied Appellee’s motion to dismiss, reversed the district court’s order denying Appellant’s motion for summary judgment, and remanded with instructions that Appellee’s claims be dismissed.                                                                                        The court analyzed the officers’ actions and found that their conduct was not so objectively unreasonable as to violate Appellee’s constitutional rights. First, Appellee’s minor injuries weigh in favor of finding qualified immunity. Second, qualified immunity can apply even when only one factor weighs against the plaintiff. Finally, it was reasonable of Appellants to believe that, in light of Appellee’s interjections, comments, resistance, and indignation, some degree of force would be necessary to subdue her. The court further held that even if the officers violated Appellee’s constitutional rights, the right was not clearly established at the time of the alleged violation. View "Solis v. Serrett" on Justia Law

A jury convicted Appellant for capital murder in the death of a police officer. The Fifth Circuit rejected Appellant's last-minute efforts to stop the imposition of his sentence.The Fifth Circuit held that Appellant is unlikely to prevail on his request for a certificate of appealability (“COA”), and he is unlikely to succeed on his Sec. 1983 claim. In addressing habeas, the court rejected Appellant's request for COA on his future-dangerousness claim, and his request for COA on his Lackey claim. The court affirmed the district court’s denial of a stay of execution and dismissal of the 1983 claim and denied the COA.Here, Appellant argued his death sentence violated the Eighth and Fourteenth Amendments because it was based in part on the jury’s finding of a “probability that Appellant would commit criminal acts of violence that would constitute a continuing threat to society.” The court explained that reasonable jurors would not find it debatable whether Sec. 2244(b)(1) barred this claim. Further, the court reasoned that it’s undebatable that this claim is procedurally defaulted. Additionally, the court held substantive meritlessness is an independent ground for refusing a COA on Plaintiff’s future-dangerousness claim. Finally, the court held that Plaintiff’s claim is not a method-of-execution challenge; it is a challenge to the validity of his death sentence. It is therefore not cognizable under Sec. 1983. View "Buntion v. Collier" on Justia Law

Plaintiffs' son was killed when he attempted to drive through a low water crossing in Camp Bullis, a military training base outside San Antonio, Texas. As Plaintiff's son navigated the crossing, water swept across the road, ultimately resulting in his death.Plaintiffs filed suit against the United States, claiming the government failed to inspect the low water crossing, failed to warn approaching motorists about the dangers of flooding, and failed to install guard rails that may have prevented water from accumulating on the road. The district court granted summary judgment to the United States, finding the discretionary exception to the Federal Tort Claims Act ("FTCA") applied.The Fifth Circuit reversed. Under the FTCA, the federal government waives sovereign immunity for actions based on the negligence of federal employees who are acting within the scope of their employment. However, immunity is not waived if the federal employee is carrying out a discretionary function or duty on the part of a federal agency. To be discretionary, an action must involve some element of judgment or choice.Here, the relevant regulation states that "[a]ll Range/Control Area/Impact Area gates will either be locked or guarded by the unit using the area." A natural reading of the regulation imposed an obligation on the officers who were on-site to lock the gate. Thus, the discretionary exception to the FTCA did not apply. View "Barron v. USA" on Justia Law

Plaintiff, a temporary employee on a construction job suffered a diabetic attack at work. Six days later, the plaintiff was terminated along with several others. After exhausting her administrative remedies, the plaintiff sued her employer in the Eastern District of Texas, bringing claims for damages under the ADA, alleging she had been discriminated against due to her diabetes.The circuit court found that the evidence was that plaintiff was terminated immediately after an event that highlighted her ADA-protected disability. The court reasoned proximity of her diabetic episode on the job and her termination was sufficient to constitute a prima facie case that she was included in the group to be terminated for ADA violative reasons. The court further found that plaintiff has presented evidence sufficient to rebut the defendant’s nondiscriminatory reason for termination and show that a fact question exists as to whether that explanation is pretextual. Thus, the plaintiff established the elements of her prima facie case and she has also presented “substantial evidence” that the defendant’s nondiscriminatory rationale for her inclusion in the reduction in force was pretextual. An issue of material fact remains regarding whether the defendant discriminated against the plaintiff on the basis of her disability by including her in the reduction of force. View "Gosby v. Apache Industrial" on Justia Law

Plaintiffs challenged President Biden’s September 9, 2021 order requiring all executive employees to receive the COVID-19 vaccination. After finding that the equities favored the plaintiffs and that they were likely to succeed at trial, the district court preliminarily enjoined enforcement of President Biden’s Order nationwide.The Fifth Circuit reversed the district court’s prelamination injunction. The Civil Service Reform Act of 1978 (“CSRA”) provides “comprehensive and exclusive procedures” for the review of employment-related disputes between civil-service employees and the federal government. The court held that the CSRA provides meaningful administrative review of the plaintiff’s claims. Because the plaintiffs failed to exhaust available review under the CRSA, the district court lacked jurisdiction to hear the plaintiffs’ claim. The court also rejected the plaintiffs' argument that their claim was "wholly collateral" to the CSRA scheme. View "Feds for Medical Freedom v. Biden" on Justia Law

Appellant filed a 42 U.S.C. 1983 suit against Williamson County, Texas (“County”), alleging that county prosecutors denied him due process secured by the Fourteenth Amendment by lying to his counsel during plea negotiations, misconduct caused by the County’s “closed-file” policy. Appellant alleged that both his Brady and due process claims were enabled by the county’s closed-file policy, which prevented his attorneys from examining evidence, leading him to involuntarily plead guilty. The circuit court reasoned that they could not conclude that the closed-file policy caused the prosecutors to lie. Thus he failed to create a triable issue on the causal connection demanded by Monell. Further, the court held that the appellant’s Brady claim is foreclosed. They reasoned that this court’s precedent has consistently held that Brady focused on the integrity of trials and did not reach pre-trial guilty pleas. The circuit court affirmed the magistrate’s grant of summary judgment as there is no showing that a county policy was the force behind the appellant’s constitutional violation argument. View "Mansfield v. Williamson Cty" on Justia Law