Published opinions from 2001. The case name opens the case page.
December 19, 2001281 F.3d 158
The Fifth Circuit affirmed dismissal of Cloud’s FTCA malicious-prosecution and prosecutorial-misconduct action as time-barred. Cloud’s claim accrued when he was acquitted because the misconduct identified by the trial court gave him reason to know of his injury and its connection to the government’s conduct; the…
February 28, 2001243 F.3d 912
The court held that Howery’s complaint did not present a federal question and that the record did not establish complete diversity of citizenship. Because neither basis supported subject-matter jurisdiction at removal or by the time judgment was entered, the court vacated the district court’s judgment and remanded…
February 28, 2001243 F.3d 893
The Fifth Circuit held that AEDPA’s successive-motion screening provisions in § 2244 apply to successive § 2255 motions, but that Reyes’s Bailey claim could not proceed under § 2255 because Bailey announced a statutory, not constitutional, rule.
February 7, 2001239 F.3d 752
The court held that it had interlocutory jurisdiction to decide whether the facts, viewed in the plaintiff’s favor, showed an Eighth Amendment violation. It reversed the denial of qualified immunity because the evidence would not permit a reasonable jury to find that the psychiatrist knew Domino faced a serious…
January 17, 2001237 F.3d 567
The court reversed and rendered judgment for the City, concluding that the evidence did not establish municipal liability under § 1983 or a state-created danger, and that Piotrowski’s equal-protection claim was untimely.