Justia Constitutional Law Opinion Summaries

In an action stemming from a land transaction dispute, the Fifth Circuit reversed as to federal and state qualified immunity and affirmed the denial of discretionary immunity under Louisiana law. The court held that the sheriff is entitled to qualified immunity barring plaintiff's 42 U.S.C. 1983 claim that the sheriff's improper management of the sheriff's sale of property in which plaintiff claimed an interest violated her protected rights. In this case, plaintiff failed to allege any personal involvement of the sheriff in the purported wrongdoing. However, on the sheriff's claim to discretionary immunity under Louisiana law, the court held that the district court did not abuse its discretion in finding that the sheriff failed to timely raise the defense before that court. View "Magnolia Island Plantation, LLC v. Whittington" on Justia Law

The Fifth Circuit concluded that plaintiffs' action challenging the constitutionality of various provisions of the Texas Election Code regulating mail-in balloting is barred by sovereign immunity. The court concluded that the Secretary does not enforce the challenged provisions and thus the district court erred in finding the Secretary was a proper defendant under Ex parte Young, 209 U.S. 123 (1908). The court reversed the district court's judgment and remanded with instructions to dismiss plaintiffs' claims. View "Lewis v. Hughs" on Justia Law

The Fifth Circuit concluded that sovereign immunity bars plaintiffs' challenges to Texas's system for verifying the signatures on mail-in ballots. The court concluded that the Secretary does not verify mail-in ballots; rather, that is the job of local election officials. Therefore, the district court erred in finding that the Secretary was the proper defendant under Ex parte Young, 209 U.S. 123 (1908). Accordingly, the court reversed the district court's order enjoining the Secretary, vacated the injunction, and remanded for further proceedings. View "Flores v. Scott" on Justia Law

The Fifth Circuit concluded that plaintiffs' constitutional claims challenging Texas's elimination of straight-ticket voting are barred by sovereign immunity because the Secretary of State does not enforce the law that ended straight-ticket voting. The court agreed with the Secretary that he lacks the necessary connection to enforcing House Bill 25's repeal of straight-ticket voting and therefore is not a proper defendant under Ex parte Young, 209 U.S. 123, 155–56 (1908). Accordingly, the court reversed the district court's order enjoining the Secretary of State, vacated the injunction, and remanded for further proceedings. View "Texas Alliance for Retired Americans v. Scott" on Justia Law

The Fifth Circuit affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 claims against law enforcement officers and other city employees based on qualified immunity. Plaintiff's claims arose from the officer's actions handcuffing, detaining, and involuntarily committing him after a welfare check. Plaintiff alleges that he experienced pain in his shoulder from tight handcuffing that occurred over a matter of minutes. The court concluded that plaintiff failed to state a claim that the officers violated his clearly established rights where tight handcuffing alone, even where a detainee sustains minor injuries, does not present an excessive force claim. View "Templeton v. Jarmillo" on Justia Law

The Fifth Circuit affirmed the district court's denial of a preliminary injunction seeking to prohibit the Harris County District Attorney (DA) from enforcing a Texas anti-barratry law. The court concluded that plaintiff has not shown that his First Amendment claim is likely to succeed on the merits where the anti-barratry law is likely narrowly tailored to a compelling government interest in preventing confusion that damages relationships between appointed counsel and indigent defendants. The court declined plaintiff's request to assign the case to a different district judge on remand, concluding that this case does not merit reassignment under either of the two relevant tests. View "Willey v. Harris County District Attorney" on Justia Law

The Fifth Circuit affirmed in part and reversed in part the district court's grant of summary judgment dismissing plaintiff's claims for sexual harassment and retaliation against the City of Houston. Plaintiff's claims stemmed from the repeated viewing of a private, intimate video of plaintiff by two senior firefighters. While the court agreed that there is no genuine dispute of material fact as to plaintiff's retaliation claim, the court disagreed with the district court's conclusion that no genuine issue exists as to her sexual harassment claim and that summary judgment for the City was appropriate.In this case, it is undisputed that plaintiff, a woman, is a member of a protected class and that she experienced unwelcome harassment; the harassment was based on sex and thus based on plaintiff's status as a member of a protected class; plaintiff has presented sufficient evidence to create a genuine dispute of material fact as to whether the harassment was severe or pervasive enough to create an abusive and hostile work environment; and the conduct was objectively offensive to plaintiff and affected a term or condition of her employment. The court also concluded that plaintiff has presented sufficient evidence to create a genuine dispute as to whether the City knew or should have known about the harassment, and thus can be held liable. View "Abbt v. City of Houston" on Justia Law

The Fifth Circuit affirmed the district court's grant of summary judgment in favor of the city in an action brought by a former city employee, alleging that he had been unlawfully terminated from his job because of his age. The court agreed with the district court that no genuine dispute of material fact existed as to whether plaintiff had been fired because of his age. In this case, plaintiff was largely unqualified for the burgeoning responsibilities of his position, and plaintiff's contention -- that a fact finder would infer this to mean that defendants thought he was old and slow -- was pure speculation. View "Harris v. City of Schertz" on Justia Law

The Fifth Circuit affirmed the district court's dismissal of plaintiffs' action against the TDCJ and several of its officials over prison conditions during the COVID-19 pandemic. Plaintiffs allege that TDCJ failed to provide reasonable accommodations for their co-morbidities and take other precautions against the COVID-19 pandemic and, in so doing, violated their rights under the Eighth and Fourteenth Amendments, the Americans with Disabilities Act, and the Rehabilitation Act.The court concluded that plaintiffs' undisputed failure to exhaust administrative remedies under the Prisoner Litigation Reform Act (PLRA) resolves this case. Considering all the evidence in the light most favorable to plaintiffs, TDCJ's written response to the Step 1 grievance shows that TDCJ's grievance process could provide at least some relief to plaintiffs. The court explained that the process may have been suboptimal, but it was available as a matter of law and thus, plaintiffs were required to exhaust it before bringing this suit. View "Thoele v. Collier" on Justia Law

Plaintiff, a police accountability activist, was arrested on crowded Sixth Street in downtown Austin while "cop watching" (video-recording police activity). After plaintiff and police officers had repeated verbal confrontations about how close to them he was permitted to stand while recording, he was arrested for misdemeanor interference with performance of official duties. Four Austin police officers took plaintiff to the ground and handcuffed him, with plaintiff suffering minor bruises and lesions as a result.The Fifth Circuit reversed the district court's denial of summary judgment as to plaintiff's excessive force claim and affirmed the district court's decision in all other respects. The court held that none of the officers involved in plaintiff's arrest used excessive force in violation of the Fourth Amendment. The court also concluded that summary judgment for the officers on plaintiff's false arrest claim was proper; the officers were entitled to qualified immunity on his First Amendment claim; and his bystander and municipal liability claims fail for lack of an underlying constitutional violation. View "Buehler v. Dear" on Justia Law