Justia Constitutional Law Opinion Summaries

Many Defendants belonging to the "39ers" a New Orleans gang, were convicted of various RICO-related offenses. Ten Defendants appealed their convictions on multiple grounds. The Eighth Circuit affirmed the vast majority of Defendant's convictions. However, the court reversed most of the Defendants' Sec. 924 convictions related to using a firearm during or in furtherance of a crime of violence.The district court's jury instruction permitted the jury to convict on the Sec. 924 offenses if it found that the Defendants were guilty of aggravated RICO conspiracy or drug trafficking. However, under United States v. McClaren, 13 F.4th 386 (5th Cir. 2021), aggravated RICO conspiracy is not a crime of violence. Thus, the court reversed most of the Defendants' convictions under Sec. 924. View "USA v. Perry, et al" on Justia Law

Defendant was involuntarily committed to the emergency room for protective custody after law enforcement found he was a danger to himself or others. He remained committed for 15 days. Two weeks later, Defendant was again committed, this time for 13 days. Several years later, in 2019, Defendant bought a firearm. In doing so, he answer negatively to the question asking if he'd ever been adjudicated as a mental defective or committed to a mental institution. Subsequently, Defendant attempted to buy firearms two other times. An ATF warned Defendant he was ineligible to purchase a firearm, which did not deter Defendant.Defendant was arrested and charged with three counts of making false statements to a federally licensed firearms dealer and two counts of possession of a firearm and ammunition. The indictment alleged only that Defendant had been adjudicated as a “mental defective”; it did not mention commitment. However, the district court instructed the jury it could find him guilty if he was adjudicated as a mental defective or if he had been committed.The Fifth Circuit found that the district court committed plain error when it instructed the jury that it could convict the defendant if it could he had been committed. The instructions allowed the jury to convict based on uncharged conduct. Thus, the Fifth Circuit reversed Defendant's convictions. View "USA v. Tucker" on Justia Law

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

On the panel's initial hearing of the case, Judge Higginson concluded that the restrictions on the President's removal authority under the Consumer Financial Protection Act are valid and constitutional. Judge Higginson found that neither the text of the United States Constitution nor the Supreme Court's previous decisions support appellants' arguments that the Consumer Financial Protection Bureau is unconstitutionally structured, and thus he affirmed the district court's judgment.More than two years later, and after conducting a vote among the circuit judges, the Fifth Circuit vacated its previous opinion and elected to hear the case en banc. View "CFPB v. All American Check Cashing, et al" 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

Defendant pleaded guilty to illegal reentry under 8 U.S.C. Section 1326. At sentencing, the judge included the following condition of probation: "If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruction. The probation officer may contact the person and confirm that the defendant has notified the person about the risk." At sentencing, Defendant did not object to the condition, but later challenged the condition on appeal.The Fifth Circuit, reviewing for plain error, held that the condition was not an improper delegation of authority to probation officers. The court reasoned that Defendant's probation officer was not given the authority to determine whether Defendant was subject to the condition; only that the probation officer can determine when, where, and to whom Defendant must give notice. View "USA v. Mejia-Banegas" on Justia Law

Petitioner, an office services and facilities management company, refused to bargain with a labor union based on its position that the union was not a "properly certified representative of its employees." In turn, the union filed a claim with the NLRB, claiming that Petitioner violated the NLRA by refusing to bargain in good faith. The NLRB found in the union's favor.The Fifth Circuit denied Petitioner's petition for review, rejecting Petitioner's argument that the prosecution was ultra vires. Petitioner claimed that President Biden's removal of the NLRB General Counsel was unlawful and that his replacement lacked authority to bring the complaint against Petitioner. The Fifth Circuit disagreed, finding that no provision of the NLRA protects the General Counsel of the NLRB from removal.The Fifth Circuit then rejected the merits of Petitioner's claim, finding that there was substantial evidence in the record supporting the NLRB's decision. Thus, the court granted NLRB's cross-petition for enforcement. View "Exela Enterprise Solutions v. NLRB" 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

Defendant is an elected constable in Harris County, Texas. Plaintiff is his counterpart in adjoining Waller County. After a 911 caller reported that Plaintiff had aimed a gun at him on a local tollway in Harris County, Defendant’s deputies stopped and questioned Plaintiff, then released him minutes later.Plaintiff sued Defendant, who asserted qualified and statutory immunities. Defendant argued that the stop was lawful, Defendant wasn’t present at the time, and state law shields him from the tort claims. But the district court denied Defendant’s motion to dismiss.At issue is whether Defendant is entitled to qualified immunity on the federal claims and if Texas law immunizes Defendant from Plaintiff’s tort claims. The court found that because reasonable suspicion supported the investigatory stop, Plaintiff did not adequately plead an unreasonable seizure. Further, Plaintiff failed to plead a colorable constitutional violation. Thus, absent constitutional violation, Defendant can’t be liable for supervising one, ratifying one, or failing to train his deputies to avoid one.Next, as for the state claims, Plaintiff sued Defendant for defamation and IIED. The court found that the critical issue is whether Defendant’s actions are linked to his job responsibilities. Here, the connection exists, therefore Defendant is entitled to dismissal and his immunities bar all claims against him. View "Smith v. Heap" on Justia Law