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| Brackens v. Tex. Roadhouse, No. 06-50736 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2007, Filed
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Overview: A district court's grant of a restaurant company's Fed. R. Civ. P. 12(b)(6) motion to dismiss was affirmed because a customer's Title VII claim, construed as a 42 U.S.C.S. § 2000a claim failed, there was no contract between the customer and the restaurant, and the actions of the restaurant and its employees did not rise to the tort of outrage.
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| Jenkins v. Methodist Hosps. of Dallas, No. 05-10117, No. 05-10118,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2007, Filed
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Overview: In 42 U.S.C.S. § 1981 suit, district court did not abuse its discretion in sanctioning doctor's attorney for changing comment in brief from one that was racially neutral to one that included racially-charged language; that the error may have been proofreading mistake was inconsequential as attorney's conduct was measured against objective standard.
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| Smith v. Dretke, No. 06-40055 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2007, Filed
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Overview: A district court dismissal of a pro se state inmate's § 1983 claim that prison officials conspired to deny him access to the courts for failure to exhaust administrative remedies under 42 U.S.C.S. § 1997e was vacated, and the case was remanded because the inmate had filed grievances under both steps of the two-step grievance process.
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| United States v. Boyett, No. 05-40799 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2007, Filed
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| United States v. Cruz, No. 04-50800 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2007, Filed
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| United States v. Davis, No. 05-10754,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2007, Filed
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Overview: The amount of phony crack cocaine that defendant attempted to sell a government informant was neither a controlled nor a counterfeit substance under 21 U.S.C.S. § 802(7) and should not have been counted under USSG § 2D1.1 toward the total amount of drugs defendant sold in four indicted drug transactions to support an upward departure sentence.
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| United States v. Polito, No. 06-30133,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2007, Filed
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Overview: Government's appeal, which challenged imposition of non-guidelines sentence, was denied. District court had considered 18 U.S.C.S. § 3553(a) sentencing factors and had sufficiently articulated its reasons for imposing only probation and house arrest, after defendant pleaded guilty to 18 U.S.C.S. § 2252(4)(b) possession of child pornography offense.
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| United States v. Qualls, No. 06-50717 Consolidated with No. 06-50729 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2007, Filed
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