The Night Docket

The Fifth Circuit

Argument recaps and opinions from the court that rules Texas, Louisiana, and Mississippi, read as lawyering, not politics.

20 entries, newest first
Decided · No. 23-1239The Fifth Circuit

Barnes v. Felix

The Supreme Court threw out the Fifth Circuit’s ‘moment of threat’ rule: excessive force is judged on the totality of the circumstances. On remand, the officer still got qualified immunity. A better standard, the same result.

Decided · No. 25-20584The Fifth Circuit

Hunter Marine Group v. Gonzalez

A shipowner tried to cap its liability for injured workers under the 1851 Limitation Act. The Fifth Circuit said no: they were passengers for hire, because their employer paid for the ride, and that was enough.

Decided · No. 25-30135The Fifth Circuit

Brown v. Wallace

Before police may strip and body-cavity search someone they will release, they need reasonable suspicion she is hiding weapons or contraband. The Fifth Circuit affirms the denial of immunity. The Fourth Amendment, applied.

Decided · No. 25-50311The Fifth Circuit

Flores v. Perez

Once a person is on the ground and at most passively resisting, officers may not keep escalating force. The Fifth Circuit affirms the denial of qualified immunity. Graham, applied.

Decided · No. 25-30541The Fifth Circuit

Brown v. Burmaster

An officer shot a family’s puppy, and the Fourth Amendment calls that a seizure they can sue over. QI affirmed, and a municipal verdict reversed as a verdict at war with itself.

Decided · No. 24-40472The Fifth Circuit

Thorpe v. Weaver

A detainee in medical distress died in custody, and a jury could have found one officer knew. QI held anyway, because the case that clearly established the duty to help him was decided two years too late.

Decided · No. 25-40206The Fifth Circuit

Degollado v. City of Port Lavaca

A hemp shop was raided on a warrant built from a lab report that showed only that THC was present, not whether it was legal. The Fifth Circuit affirmed qualified immunity and dismissed the Monell claim: negligent is not reckless, and one incident is not a policy.

Decided · No. 24-10837The Fifth Circuit

Thompson v. Richter

A traffic stop cannot be extended to wait for a drug dog without reasonable suspicion. When a cluster of factors supplies it, the extension holds. Rodriguez, applied.

Decided · No. 25-40397The Fifth Circuit

Tippitt v. Iversen

The Fifth Circuit dismissed an officer’s immunity appeal: disputed facts about a police shooting belong to a jury, not an early appeal.

Decided · No. 25-50675The Fifth Circuit

Barrier v. United States

A federal officer struck a pedestrian while off his usual task. Whether the government could be sued was a jury question, not one for summary judgment.

Decided · No. 24-60208The Fifth Circuit

Estate of Parker v. Mississippi DPS

An armed fugitive fired on police with his infant son in his arms. How reasonableness, immunity, and standing played out.

Decided · En BancThe Fifth Circuit

Parker v. Hooper

How high the deliberate-indifference bar sits, and why reform relief must be narrowly drawn.

Decided · 100 F.4th 611The Fifth Circuit

Hughes v. Garcia

A magistrate's warrant does not protect the officer who built it on a lie. The Franks exception.

Decided · No. 25-60383The Fifth Circuit

Knighton v. Benton County

On an immunity appeal, causation among several causes is the jury's question, and some force is obviously excessive.

Decided · 301 F.3d 240The Fifth Circuit

Hitt v. Connell

A jury awarded mental anguish. The Fifth Circuit erased it, because the proof was vague and uncorroborated.

Field GuideThe Fifth Circuit

The Fifth Circuit: A Field Guide

What the court is, who sits on it, and the doctrines it is quietly rewriting. Start here.

Argued · No. 24-30554The Fifth Circuit

Hill v. Jackson Offshore Holdings

Four quiet words in a post-injury agreement decided who would ever hear the case.

Argued · No. 24-20445The Fifth Circuit

Benavides v. Nunez

A sheriff's deputy appealed a qualified-immunity denial, and lost the appeal before it started.

Argued · No. 25-40616The Fifth Circuit

Wertenbroch v. Hardeman

A defendant can appeal a denied immunity. Here he appealed a court that never ruled at all.

Argued · No. 23-30879The Fifth Circuit

Pigott v. Gintz

Once the appeal reached a clean legal question, qualified immunity had to answer for itself.