5th Circuit Case Commentaries

Establishing Civil Service Status: Implications from Da v. D S. Maurer

Date: Sep 6, 2017

Establishing Civil Service Status: Implications from Da v. D S. Maurer Introduction The case of Da v. D S. Maurer (870 F.3d 380, United States Court of Appeals, Fifth Circuit, 2017) delves into...

Affirmation of Reasonable Strip Searches in Correctional Facilities under the Fourth Amendment

Date: Sep 2, 2017

Affirmation of Reasonable Strip Searches in Correctional Facilities under the Fourth Amendment Introduction In the case of Freddie R. Lewis v. Secretary of Public Safety and Corrections et al. (870...

Body by Cook v. State Farm: Upholding Specificity in §1981 Discrimination Claims

Date: Aug 25, 2017

Body by Cook v. State Farm: Upholding Specificity in §1981 Discrimination Claims Introduction Body by Cook, Inc., an African American-owned automotive repair shop, and its owner, Robert Cook,...

Fifth Circuit Clarifies Rule 60(b)(4) Criteria: Real-Party-in-Interest Challenges and Substituted Service

Date: Aug 23, 2017

Fifth Circuit Clarifies Rule 60(b)(4) Criteria: Real-Party-in-Interest Challenges and Substituted Service Introduction The case of Josh Norris and Jill Norris v. Karry Causey and Garry Causey centers...

Affirmation of State Actor Requirement for §1983 Claims: Moody v. Farrell

Date: Aug 18, 2017

Affirmation of State Actor Requirement for §1983 Claims: Moody v. Farrell Introduction In the case of Angela Dawn Moody v. Scott Farrell, the United States Court of Appeals for the Fifth Circuit...

Clarifying the Limits of Excessive Force in Misdemeanor Arrests: Trammell v. Fruge

Date: Aug 18, 2017

Clarifying the Limits of Excessive Force in Misdemeanor Arrests: Trammell v. Fruge Introduction Trammell v. Fruge is a pivotal 2017 decision by the United States Court of Appeals for the Fifth...

Expanding the Scope of Assistance under the Voting Rights Act: OCA-Greater Houston v. State of Texas

Date: Aug 17, 2017

Expanding the Scope of Assistance under the Voting Rights Act: OCA-Greater Houston v. State of Texas Introduction The case OCA-Greater Houston; Mallika Das v. State of Texas; Roland B. Pablos (867...

Fifth Circuit Reinforces Exhaustion of State Remedies for Double Jeopardy Claims under Section 2241

Date: Aug 12, 2017

Fifth Circuit Reinforces Exhaustion of State Remedies for Double Jeopardy Claims under Section 2241 Introduction In the landmark case of Joseph Montano v. State of Texas (867 F.3d 540, 5th Cir....

Strict Standards for Preliminary Injunctions in ESA and NEPA Claims: Analysis of Fifth Circuit's Decision

Date: Aug 10, 2017

Strict Standards for Preliminary Injunctions in ESA and NEPA Claims: Analysis of Fifth Circuit's Decision Introduction The case of Friends of Lydia Ann Channel v. United States Army Corps of...

Qualified Immunity Upheld in Fifth Circuit on Fourth Amendment Seizure Claims Related to Voluntary Surrender

Date: Aug 9, 2017

Qualified Immunity Upheld in Fifth Circuit on Fourth Amendment Seizure Claims Related to Voluntary Surrender Introduction The case of Royce Denton McLin v. Jason Gerald Ard et al. involves...

Preemption of State Railroad Regulations: Ezell v. Kansas City Southern Railway Company

Date: Aug 1, 2017

Preemption of State Railroad Regulations: Ezell v. Kansas City Southern Railway Company Introduction Shawn T. Ezell, the plaintiff-appellant, initiated a lawsuit against Kansas City Southern Railway...

Establishing Limits on Government Liability for Episodic Acts and Omissions under § 1983: Insights from Sanchez v. Young County

Date: Aug 1, 2017

Establishing Limits on Government Liability for Episodic Acts and Omissions under § 1983: Insights from Sanchez v. Young County Introduction The case of NicHole Sanchez; Casy Simpson; Edward LaRoy...

Maintaining the Dual-Prong Standard for Civil Confinement of Insanity Acquittees: Analysis of Poree v. Collins

Date: Jul 29, 2017

Maintaining the Dual-Prong Standard for Civil Confinement of Insanity Acquittees: Analysis of Poree v. Collins Introduction Poree v. Collins (866 F.3d 235, 5th Cir. 2017) is a pivotal case addressing...

Affirmation of Summary Judgment in Premises Liability: McCarty v. Hillstone Restaurant Group

Date: Jul 19, 2017

Affirmation of Summary Judgment in Premises Liability: McCarty v. Hillstone Restaurant Group Introduction In McCarty v. Hillstone Restaurant Group, Inc., the United States Court of Appeals for the...

Affirmation of Dismissal in Quinn v. City of McKinney: Implications for Federal and State Claims

Date: Jul 11, 2017

Affirmation of Dismissal in Quinn v. City of McKinney: Implications for Federal and State Claims Introduction Quinn v. City of McKinney is a significant decision rendered by the United States Court...

Qualified Immunity Upholds School Officials in Compelled Speech and Retaliation Case

Date: Jul 1, 2017

Qualified Immunity Upholds School Officials in Compelled Speech and Retaliation Case Introduction The case of Brenda Brinsdon v. McAllen Independent School District involves pivotal issues...

Asylum Denial in Herrera Morales v. Sessions: Analyzing Legal Precedents and Implications

Date: Jun 28, 2017

Asylum Denial in Herrera Morales v. Sessions: Analyzing Legal Precedents and Implications Introduction In the case of Johana Del Carmen Herrera Morales v. Jefferson B. Sessions III, adjudicated by...

Reaffirming Monell Standards: Limits on Municipal Liability in §1983 Claims

Date: Jun 27, 2017

Reaffirming Monell Standards: Limits on Municipal Liability in §1983 Claims Introduction The case of Marie A. Hicks-Fields, et al. v. Harris County, Texas (860 F.3d 803) examines the boundaries of...

5th Circuit Reaffirms Regular Office Attendance as Essential Job Function under ADA: Credeur v. State of Louisiana

Date: Jun 24, 2017

5th Circuit Reaffirms Regular Office Attendance as Essential Job Function under ADA: Credeur v. State of Louisiana Introduction In the landmark case of Renee Credeur v. State of Louisiana, 860 F.3d...

Standing Requirements Reinforced in RIMS Barber v. Bryant: A Comprehensive Analysis

Date: Jun 23, 2017

Standing Requirements Reinforced in RIMS Barber v. Bryant: A Comprehensive Analysis Introduction The case of RIMS Barber; Carol Burnett; Joan Bailey; Katherine Elizabeth Day; Anthony Laine Boyette;...