Tag Archives: § 1983

10/23/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on October 23, 2008:

Miller v. Wladyslaw Estate (Jones, C.J., Barksdale, Stewart, JJ.; opinion by Jones, C.J.) (appeal from W.D. La.). Affirming district court’s summary judgment in favor of hospital in action to enforce lien against tort settlement. The defendant […]

9/18/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 18, 2008:

U.S. v. Klein (Smith, Wiener, Haynes, JJ.; opinion by Smith, J.) (appeal from S.D. Tex.). Affirming convictions of doctor defendant on multiple counts of mail fraud and healthcare fraud, but vacating sentence and restitution order […]

8/22/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 22, 2008:

Mapes v. Bishop (King, Higginbotham, Garza, JJ.; per curiam opinion) (appeal from M.D. La.) (sua sponte recalling mandate, withdrawing prior panel opinion, and issuing new panel opinion). One year following his acquittal on charges of […]

8/21/08 Opinion - U.S. 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on August 21, 2008:

Bolton v. City of Dallas (Jolly, Clement, Owen, JJ.; per curiam opinion) (appeal from N.D. Tex.). Affirming judgment of the district court that the city was not liable in this § 1983 action for the […]

8/12/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 12, 2008:

Wardlaw v. Cain (Garza, Dennis, Mills, JJ.; per curiam opinion) (appeal from M.D. La.). Affirming district court’s dismissal of petitioner’s claims as untimely under AEDPA. The Fifth Circuit held that Smith v. Ward, 209 […]

8/4/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 4, 2008:

Connors v. Graves (Higginbotham, Smith, Haynes, JJ.; opinion by Haynes, J.) (appeal from M.D. La.). Affirming summary judgment against plaintiff in § 1983 lawsuit brought against law enforcement defendants for excessive force and unlawful seizure. […]

7/10/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 10, 2008:

Waltman v. Payne (Garwood, Dennis, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Miss.). Affirming district court’s dismissal in part, and vacating in part and dismissing without prejudice the claim of the owner of […]

5/20/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 20, 2008:

Southwestern Bell Telephone, LP v. City of Houston (Jolly, Barksdale, Benavides, JJ.; opinion by Barksdale, J.). Affirming the dismissal of AT&T’s Federal Telecommunications Act-based (”FTA”) claims against a City of Houston ordinance that required utilities […]