Sullivan v. Texas A&M University System

Docket: 20-20248

Opinion Date: February 2, 2021

Judge: Andrew S. Oldham

Areas of Law: Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law

The Fifth Circuit affirmed the district court's dismissal of plaintiff's claims against the University as barred by sovereign immunity. Plaintiff's action involved employment discrimination and retaliation claims, and he sought compensatory damages, punitive damages, and attorney's fees. The court held that Texas A&M is an agency of the State of Texas, so a suit against the former is a suit against the latter. Furthermore, neither of the two exceptions to sovereign immunity apply in these circumstances. In this case, Congress did not abrogate the State's sovereign immunity, and the State did not knowingly and plainly waive its sovereign immunity and consent to suit.

Reed Migraine Centers of Texas, PLLC v. Ticer

Docket: 20-10156

Opinion Date: February 2, 2021

Judge: James Earl Graves, Jr.

Areas of Law: Civil Procedure

The Fifth Circuit dismissed, based on lack of jurisdiction, plaintiffs' appeal of the district court's grant of a Federal Rule of Civil Procedure 60(b)(5) motion in a dispute over attorney's fees stemming from an underlying action regarding the promotion and sale of a medical procedure. The court explained that this case does not yet involve a final determination of the status of the interpleaded funds. Rather, it involves Rule 60(b)(5) relief from a prior order to disburse funds.

Rice v. Gonzalez

Docket: 20-20263

Opinion Date: February 2, 2021

Judge: Edith Hollan Jones

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Plaintiff, a detainee in the Harris County jail awaiting trial, filed what he described as a petition for writ of habeas corpus seeking release from pretrial custody, contending that the conditions at the jail were insufficient to protect his constitutional rights in the midst of the COVID-19 crisis. The district court denied relief regardless of whether the petition was brought under federal habeas law, 28 U.S.C. 2241, or civil rights law, 42 U.S.C. 1983. The Fifth Circuit construed plaintiff's petition as seeking habeas relief and affirmed the district court's denial of such relief. The court concluded that the Great Writ does not, in this circuit, afford release for prisoners held in state custody due to adverse conditions of confinement. Therefore, plaintiff failed to state a claim for relief under Federal Rule of Civil Procedure 12(b)(6).

Tibakweitira v. Wilkinson

Docket: 18-60459

Opinion Date: February 2, 2021

Judge: Kurt D. Engelhardt

Areas of Law: Immigration Law

Petitioner, a native and citizen of Tanzania, petitions for review of an order issued by the BIA dismissing his appeal from the IJ's decision denying his application for withholding of removal and protection under the Convention Against Torture (CAT). Petitioner separately seeks review of the BIA's order denying his motion to reopen and denying his request for review of that motion by a three-member panel. The Fifth Circuit denied in part the petitions for review and concluded that it did not have jurisdiction to review factual challenges to the removal order; substantial evidence supports the conclusion of the IJ and BIA that petitioner failed to meet his burden of proof for CAT relief; and the BIA did not abuse its discretion in finding that petitioner did not present newly discovered evidence to corroborate his claim for CAT relief. The court dismissed the petition for review of the unexhausted claims, and dismissed for lack of jurisdiction the petition for review of the BIA's non-referral of petitioner's motion to a three-member panel.