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Justia Daily Opinion Summaries

US Court of Appeals for the Fifth Circuit
April 2, 2020

Table of Contents

Hoffman v. Houston Society for the Prevention of Cruelty to Animals

Civil Procedure

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The Oldest Republican Pander in the Book: “Do It for Our Children and Grandchildren”

NEIL H. BUCHANAN

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UF Levin College of Law professor and economist Neil H. Buchanan reacts to a comment by Texas Lieutenant Governor Dan Patrick that older people should be “willing to take a chance on [their] survival in exchange for keeping the America that all America loves for [their] children and grandchildren.” Buchanan points out that Patrick’s suggestion has been rightly mocked but that it is not usual for Republicans to claim, hypocritically, that older people should make sacrifices for younger generations.

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US Court of Appeals for the Fifth Circuit Opinions

Hoffman v. Houston Society for the Prevention of Cruelty to Animals

Dockets: 19-20513, 19-20515

Opinion Date: April 1, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

The Fifth Circuit affirmed the district court's dismissal of plaintiffs' suit against the HSPCA, as well as Texas county and state officials, for unlawful search and seizure under 42 U.S.C. 1983. The court held that the district court correctly concluded that the statute of limitations barred plaintiffs' claims against defendants. Plaintiffs alleged that the seizure of their horses occurred on June 24, 2015, and thus they had to bring their claim no later than June 26, 2017. However, in this case, plaintiffs first filed suit after that date. Even accepting plaintiffs' claim that the seizure was only finalized when the justice court divested them of ownership, the court held that the record makes clear that the justice court issued its order on July 8, 2015 and their claims would still be time-barred.

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