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When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell Introduction In Doe v. Jewell, the United States Court of...
From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes 1. Introduction Background. In Morris v. Estes, No. 24-30553 (5th Cir. Aug. 15, 2025),...
Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit I. Introduction Norman v. Ingle, No. 24-20431 (5th Cir. Aug. 15, 2025), sets a new benchmark...
Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the Modernization of the Quorum Clause 1. Introduction In State of Texas v. Bondi, No. 24-10386 (5th Cir. Aug. 15, 2025), the...
The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions 1. Introduction In Stelly v. Department of Public...
Plain-Error Limits on Borden-Based Challenges: Fifth Circuit Preserves Louisiana Armed Robbery as a “Crime of Violence” Absent Proven Reckless-Mens-Rea Applications Introduction United States v....
“Substantial-Risk, Not Proven-Harm” – Fountain v. Rupert Re-Entwines Garrett and Rhodes, Recasting the Fifth Circuit’s Eighth-Amendment Lens 1. Introduction On 14 August 2025 the United States Court...
“Loss of Confidence” as a Stand-Alone, Legitimate Reason Fifth Circuit Commentary on Glover v. Lafayette City-Parish Consolidated Government I. Introduction Thomas L. Glover, a Black law-enforcement...
Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination Penthol, L.L.C. v. Vertex Energy Operating, L.L.C., No. 24-20329 (5th Cir. Aug. 14, 2025) 1....
“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases 1. Introduction In Smith v. Saenz, No. 24-50975 (5th Cir. Aug....
Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on United States Fire Insurance Co. v. Unified Life Insurance Co., 5th Cir. (2025)...
Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters Introduction United States v. Larremore, No. 24-50431 (5th Cir. Aug. 14, 2025),...
Montiel Rubio v. Bondi: The Fifth Circuit Fortifies the “Voluntary-Return” Rule in Asylum, Withholding, and CAT Proceedings Introduction In Montiel Rubio v. Bondi, decided 13 August 2025, the United...
Beyond the Sanctuary: Defining the Limits of Texas’s Religious-Services Clause on Public Lands 1. Introduction Perez v. City of San Antonio, No. 23-50746 (5th Cir. Aug. 13, 2025) is a sweeping...
“Harmless” Guideline Miscalculations after United States v. Abercrombie: Fifth Circuit Clarifies When Clear Crime–of–Violence Errors Do Not Satisfy the Plain-Error Standard Introduction The Fifth...
Sharpening the Lens of Ascertainability: B. v. Harrington and the Fifth Circuit’s Demand for Precision in Medicaid EPSDT Class Actions 1. Introduction B. v. Harrington, No. 24-30244 (5th Cir. Aug....
“Speculative Future Use” Is Not Enough: DM Arbor Court v. City of Houston and the Revitalisation of Lucas-Style Categorical Takings 1. Introduction Hurricane Harvey’s devastation of the Arbor Court...
“Real-World Operability” as the Touchstone of BACT in Texas Permitting Introduction In Port Arthur Community Action Network v. Texas Commission on Environmental Quality, the United States Court of...
United States v. Brown: Re-affirming Judicial Control over Multiplicitous Convictions and Post-Verdict Rule 48(a) Dismissals 1. Introduction In United States v. Brown, No. 24-20095 (5th Cir. Aug. 12,...