Emilio M. Garza - Notable Opinions

Notable Opinions

• Special concurrence in Fisher v. University of Texas, 2011 U.S. App. LEXIS 897 (5th Cir. 2011)
• Dissenting from denial of rehearing en banc in Reliable Consultants, Inc. v. Earle, 538 F.3d 355 (5th Cir. 2008)
• Majority opinion in Comacho v. Texas Workforce Commission, 2005 WL 995675 (5th Cir. Apr. 29, 2005)
• Majority opinion in U.S. v. Bird, 401 F.3d 633 (5th Cir. 2005)
• Majority opinion in Wallace v. County of Comal, 400 F.3d 284 (5th Cir. 2005)
• Majority opinion in Sierra Club v. Peterson, 228 F.3d 559 (5th Cir. 2000) (en banc)
• Majority opinion in Atwater v. City of Lago Vista, 195 F.3d 242 (5th Cir. 1999) (en banc)
• Majority opinion in United States v. Navarro, 169 F.3d 228 (5th Cir. 1999)
• Majority opinion in United States v. Castillo, 179 F.3d 321 (5th Cir. 1999)
• Special concurrence in Flores v. Johnson, 210 F.3d 456 (2000)
• Special concurrence in Causeway Med. Suites v. Ieyoub, 109 F.3d 1096 (5th Cir. 1997)
• Concurring opinion Doe v. Hillsboro Independent School District, 113 F.3d 1412 (5th Cir. 1997)(en banc)

In 2010, Judge Garza joined Judges Edith Brown Clement and Priscilla Owen in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District. The plaintiff ("H.S.") was a cheerleader who was ordered by her high school to cheer for her alleged rapist, a basketball player named Rakheem Bolton. H.S. refused and was kicked off the team. She sued, claiming a violation of her First Amendment right to free speech. The Eastern District of Texas, Judge Thad Heartfield, granted the school district's motion to dismiss, and Judges Clement, Garza, and Owen affirmed. H.S. was ordered to pay the school $45,000 in legal fees for filing a "frivolous" lawsuit.