Bar Association of the Fifth Federal Circuit
@baffc.bsky.social
Perdomo v League City: #5thCir affirms #qualifiedimmunity for officer who tackled plaintiff to concrete ground after plaintiff repeatedly slammed his body into officer, as shown on video #civilrights #appellatesky #lawsky baffc.net/4bqrXw9
January 8, 2026 at 5:00 PM
Perdomo v League City: #5thCir affirms #qualifiedimmunity for officer who tackled plaintiff to concrete ground after plaintiff repeatedly slammed his body into officer, as shown on video #civilrights #appellatesky #lawsky baffc.net/4bqrXw9
Lewis v Delgado: #5thCir reverses #qualifiedimmunity summary judgment denial: officers didn't violate clearly established law by handcuffing plaintiff for 6 minutes, during which dialysis-related stent was damaged #civilrights #appellatesky #lawsky baffc.net/49a7ryw
January 8, 2026 at 4:38 PM
Lewis v Delgado: #5thCir reverses #qualifiedimmunity summary judgment denial: officers didn't violate clearly established law by handcuffing plaintiff for 6 minutes, during which dialysis-related stent was damaged #civilrights #appellatesky #lawsky baffc.net/49a7ryw
US v Johnson: #5thCir reverses denial of suppression, vacates felony possession conviction: no reasonable suspicion for #warrantless search of vehicle after defendant's arrest despite presence of felon girlfriend #dissent #appellatesky #lawsky baffc.net/3N77lPH
January 8, 2026 at 4:24 PM
US v Johnson: #5thCir reverses denial of suppression, vacates felony possession conviction: no reasonable suspicion for #warrantless search of vehicle after defendant's arrest despite presence of felon girlfriend #dissent #appellatesky #lawsky baffc.net/3N77lPH
Pool v Houston: #5thCir, in case w/multiple appeals, affirms order vacating attorney fee/expense award given prior panel holding no case or controversy, discusses law-of-case & rule of orderliness #appellatesky #skylaw baffc.net/4bg05L9
January 5, 2026 at 6:13 PM
Pool v Houston: #5thCir, in case w/multiple appeals, affirms order vacating attorney fee/expense award given prior panel holding no case or controversy, discusses law-of-case & rule of orderliness #appellatesky #skylaw baffc.net/4bg05L9
La Union del Pueblo Entero v Nelson: #5thCir, in challenge to TX 2021 Election Protection & Integrity Act, finds appellate jurisdiction over denial of motion to dismiss, #sovereignimmunity as to some claims, #standing #dissent #appellatesky #lawsky baffc.net/3YVM3H9
January 5, 2026 at 5:36 PM
La Union del Pueblo Entero v Nelson: #5thCir, in challenge to TX 2021 Election Protection & Integrity Act, finds appellate jurisdiction over denial of motion to dismiss, #sovereignimmunity as to some claims, #standing #dissent #appellatesky #lawsky baffc.net/3YVM3H9
Quiroz v Hernandez: #5thCir affirms dismissal of all claims by plaintiff seriously injured as passenger in car race, including claims against first responders, city officials, prosecutors, railroad, teen drivers; no repleading #appellatesky #lawsky baffc.net/4qxUcNS
January 5, 2026 at 5:01 PM
Quiroz v Hernandez: #5thCir affirms dismissal of all claims by plaintiff seriously injured as passenger in car race, including claims against first responders, city officials, prosecutors, railroad, teen drivers; no repleading #appellatesky #lawsky baffc.net/4qxUcNS
Ramirez v Granado: #5thCir reverses #qualifiedimmunity summary judgment for officer who shot man as he fled holding gun after high-speed chase #concur #dissent #excessiveforce #appellatesky #lawsky baffc.net/3YpGbWv
January 5, 2026 at 4:32 PM
Ramirez v Granado: #5thCir reverses #qualifiedimmunity summary judgment for officer who shot man as he fled holding gun after high-speed chase #concur #dissent #excessiveforce #appellatesky #lawsky baffc.net/3YpGbWv
Dean v Phatak: #5thCir vacates/remands for 2nd time denial of #qualifiedimmunity to assistant medical examiner who classified plaintiff's wife's death as homicide, after which plaintiff was indicted & tried for her murder #appellatesky #lawsky baffc.net/49tQ5wv
December 26, 2025 at 4:46 PM
Dean v Phatak: #5thCir vacates/remands for 2nd time denial of #qualifiedimmunity to assistant medical examiner who classified plaintiff's wife's death as homicide, after which plaintiff was indicted & tried for her murder #appellatesky #lawsky baffc.net/49tQ5wv
Alvarez v Guerrero: #5thCir affirms denial of #habeascorpus to #deathrow inmate convicted of 2 TX murders, rejects arguments re sleeping defense counsel, IAC re mitigation evidence, tainted #DNA evidence #dissent #criminallaw #appellatesky #lawsky baffc.net/49jl0dY
December 26, 2025 at 4:32 PM
Alvarez v Guerrero: #5thCir affirms denial of #habeascorpus to #deathrow inmate convicted of 2 TX murders, rejects arguments re sleeping defense counsel, IAC re mitigation evidence, tainted #DNA evidence #dissent #criminallaw #appellatesky #lawsky baffc.net/49jl0dY
North East ISD v IM: #5thCir denies #rehearing, reissues opinion affirming that school district denied a #FAPE to student w/#autism & uniquely severe behavioral problems by not providing additional extended-year services #IDEA #appellate #lawsky htskytps://baffc.net/4b57M6O
December 26, 2025 at 4:15 PM
North East ISD v IM: #5thCir denies #rehearing, reissues opinion affirming that school district denied a #FAPE to student w/#autism & uniquely severe behavioral problems by not providing additional extended-year services #IDEA #appellate #lawsky htskytps://baffc.net/4b57M6O
Alexander v Taft: #5thCir denies #rehearing, issues new opinion affirming dismissal of pretrial detainee's challenge to mental healthcare/conditions in "violent cell" after he falsely claimed to be suicidal #dissent #prison #appellatesky #lawsky baffc.net/3YcTtpf
December 26, 2025 at 4:01 PM
Alexander v Taft: #5thCir denies #rehearing, issues new opinion affirming dismissal of pretrial detainee's challenge to mental healthcare/conditions in "violent cell" after he falsely claimed to be suicidal #dissent #prison #appellatesky #lawsky baffc.net/3YcTtpf
Campuzano v Bondi: #5thCir denies relief from removal of Mexican citizen convicted of indecency w/child, sexual contact, rejects arguments that conviction wasn't authenticated, conviction not crime of child abuse #appellatesky #lawsky #immigration baffc.net/4ax7wgU
December 23, 2025 at 6:31 PM
Campuzano v Bondi: #5thCir denies relief from removal of Mexican citizen convicted of indecency w/child, sexual contact, rejects arguments that conviction wasn't authenticated, conviction not crime of child abuse #appellatesky #lawsky #immigration baffc.net/4ax7wgU
US v McGuire: #5thCir grants #rehearing, issues new opinion affirming #conspiracy to commit promotional #moneylaundering & #marijuanadistribution convictions but vacating sentences because of speculative quantity evidence #appellatesky #lawsky baffc.net/4ap18YW
December 23, 2025 at 2:51 PM
US v McGuire: #5thCir grants #rehearing, issues new opinion affirming #conspiracy to commit promotional #moneylaundering & #marijuanadistribution convictions but vacating sentences because of speculative quantity evidence #appellatesky #lawsky baffc.net/4ap18YW
LIA Network v City of Kerville: #5thCir, in #FirstAmendment challenge to ordinance regulating canvassing/soliciting, finds #standing & entitlement to injunction, remands for more analysis & recrafting overbroad injunction #appellatesky #lawsky baffc.net/4j7d2c5
December 22, 2025 at 6:25 PM
LIA Network v City of Kerville: #5thCir, in #FirstAmendment challenge to ordinance regulating canvassing/soliciting, finds #standing & entitlement to injunction, remands for more analysis & recrafting overbroad injunction #appellatesky #lawsky baffc.net/4j7d2c5
Kleinman v City of Cedar Park: #5thCir reverses summary judgment for City on #Section1983 challenge to constitutionality of ordinance banning "head shops": ongoing prosecutions w/out convictions didn't trigger #Heck bar #appellatesky #lawsky baffc.net/4apBu6p
December 22, 2025 at 1:46 PM
Kleinman v City of Cedar Park: #5thCir reverses summary judgment for City on #Section1983 challenge to constitutionality of ordinance banning "head shops": ongoing prosecutions w/out convictions didn't trigger #Heck bar #appellatesky #lawsky baffc.net/4apBu6p
CH Offshore v Mexiship: #5thCir vacates: district court abused discretion in vacating #maritime writ of #garnishment/denying leave to amend in dispute over TX bank funds w/out engaging evidence & caselaw re Rule B attachment #appellatesky #lawsky baffc.net/4jcO9Mr
December 22, 2025 at 1:32 PM
CH Offshore v Mexiship: #5thCir vacates: district court abused discretion in vacating #maritime writ of #garnishment/denying leave to amend in dispute over TX bank funds w/out engaging evidence & caselaw re Rule B attachment #appellatesky #lawsky baffc.net/4jcO9Mr
Aramark v Aetna: #5thCir affirms denial of motion to stay/ #arbitrate claim against 3rd-party #ERISA plan administrator: arbitrability was for court to decide; plaintiffs sought equitable, not legal, relief #concur #dissent #appellatesky #lawsky baffc.net/4oZbDpl
December 19, 2025 at 1:18 PM
Aramark v Aetna: #5thCir affirms denial of motion to stay/ #arbitrate claim against 3rd-party #ERISA plan administrator: arbitrability was for court to decide; plaintiffs sought equitable, not legal, relief #concur #dissent #appellatesky #lawsky baffc.net/4oZbDpl
Hershey v Bossier City: #5thCir denies #rehearingenbanc 10/7 in #FirstAmendment case after split panel reversed dismissal of #Monell claim & affirmed #qualifiedimmunity for officers/dismissal of security guards #concur #dissent #appellatesky #lawsky baffc.net/4s4IhZt
December 19, 2025 at 1:01 PM
Hershey v Bossier City: #5thCir denies #rehearingenbanc 10/7 in #FirstAmendment case after split panel reversed dismissal of #Monell claim & affirmed #qualifiedimmunity for officers/dismissal of security guards #concur #dissent #appellatesky #lawsky baffc.net/4s4IhZt
Cloud v #NFL Retirement: #5thCir reverses #attorneysfee award in #ERISA case: without any relief awarded to plaintiff, favorable factual findings/moral victory weren't sufficient to justify fee award #appellatesky #lawsky baffc.net/4qdMisL
December 19, 2025 at 12:45 PM
Cloud v #NFL Retirement: #5thCir reverses #attorneysfee award in #ERISA case: without any relief awarded to plaintiff, favorable factual findings/moral victory weren't sufficient to justify fee award #appellatesky #lawsky baffc.net/4qdMisL
US v Sanchez-Zurita: #5thCir vacates sentence, remands to new re-sentencing judge after government breached informal agreement to support within-#USSG sentence for illegal reentry #criminallaw #immigration #appellatesky #lawsky baffc.net/3YAY8Bs
December 18, 2025 at 3:34 PM
US v Sanchez-Zurita: #5thCir vacates sentence, remands to new re-sentencing judge after government breached informal agreement to support within-#USSG sentence for illegal reentry #criminallaw #immigration #appellatesky #lawsky baffc.net/3YAY8Bs
Liao v Bondi: #5thCir summarily denies review of #removal order: 1252(b)(1) 30-day filing rule is mandatory claim-processing rule that must be enforced if properly raised; mailbox rule wasn't cure #dissent #Riley #immigration #appellatesky #lawsky baffc.net/4p2bPnR
December 18, 2025 at 3:21 PM
Liao v Bondi: #5thCir summarily denies review of #removal order: 1252(b)(1) 30-day filing rule is mandatory claim-processing rule that must be enforced if properly raised; mailbox rule wasn't cure #dissent #Riley #immigration #appellatesky #lawsky baffc.net/4p2bPnR
US v Cockerham: #5thCir reverses: conviction for #firearm possession under 922(g)(1) violated #2ndAmendment where defendant's sole predicate offense was failure to pay child support #concur #dissent #Bruen #Rahimi #criminallaw #appellatesky #lawsky baffc.net/4pNOXd5
December 18, 2025 at 3:04 PM
US v Cockerham: #5thCir reverses: conviction for #firearm possession under 922(g)(1) violated #2ndAmendment where defendant's sole predicate offense was failure to pay child support #concur #dissent #Bruen #Rahimi #criminallaw #appellatesky #lawsky baffc.net/4pNOXd5
Mertens v Benelux: #5thCir affirms denial of motion to compel #arbitration where employee signed arbitration agreement but employer did not #contract #employment #appellatesky #lawsky baffc.net/3XXVJka
December 18, 2025 at 1:21 PM
Mertens v Benelux: #5thCir affirms denial of motion to compel #arbitration where employee signed arbitration agreement but employer did not #contract #employment #appellatesky #lawsky baffc.net/3XXVJka
ExxonMobil v NLRB: #5thCir denies #rehearingenbanc 13/4 after panel found #NLRB had authority to vacate prior order (finding no violation) & find violation after determining board member should've recused #concur #dissent #appellatesky #lawsky baffc.net/4qejbFN
December 18, 2025 at 1:13 PM
ExxonMobil v NLRB: #5thCir denies #rehearingenbanc 13/4 after panel found #NLRB had authority to vacate prior order (finding no violation) & find violation after determining board member should've recused #concur #dissent #appellatesky #lawsky baffc.net/4qejbFN
Devins v Armstrong: #5thCir affirms application of res judicata & w/prejudice dismissal of attempted relitigation of visa denial for foreign student #appellatesky #lawsky baffc.net/4ajhW3B
December 16, 2025 at 6:13 PM
Devins v Armstrong: #5thCir affirms application of res judicata & w/prejudice dismissal of attempted relitigation of visa denial for foreign student #appellatesky #lawsky baffc.net/4ajhW3B