Kurt Damian Engelhardt

How Judge Engelhardt rules, drawn from 40 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Fifth Circuit
Position
circuit
Appointed by
Donald Trump (Republican)
Commissioned
2018-05-10
ABA rating
Well Qualified
Education
Louisiana State University (B.A., 1982); Louisiana State University, Paul M. Hebert Law Center (J.D., 1985)
Signed orders read
40

How Judge Engelhardt decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

For the exclusionary rule, focuses on law-enforcement culpability and applies the good-faith exception even when a warrant is challenged as void from the outset.

“For the reasons set forth herein, we now join each of those circuits in holding that the good-faith exception to the exclusionary rule set forth in United States v. Leon, 468 U.S. 897 (1984), applies to save the fruits of the warrant at issue from suppression.”

Treats the Fair Housing Act's robust-causation requirement as a meaningful limit that demands more than a statistical disparity.

“A careful review of the Supreme Court’s analysis in ICP, moreover, reveals its modification of HUD’s test to be both purposeful and significant.”

At the indictment stage, distinguishes a scheme to obtain followers' money through deceptive trading posts from a claim based only on withholding useful economic information.

“Defendants concede that the indictment adequately alleges deception. But they contend that the indictment does not allege a scheme to defraud nor an intent to defraud. In their view, the indictment merely alleges that they intended to deprive their followers of valuable economic information (not money or property) to enrich themselves (not injure their followers). In light of the Supreme Court’s decisions in Ciminelli and Kousisis, we disagree.”

Procedural preferences

When qualified immunity cannot be resolved on the pleadings, confines discovery to the facts needed to decide that defense.

“The district court is directed to limit discovery to uncover only the facts necessary to rule on qualified immunity.”

Cautions

For the Federal Tort Claims Act's discretionary-function exception, asks whether the challenged decision was susceptible to policy analysis, not whether the officer actually performed one.

“The proper inquiry under prong two is not whether [the agent] in fact engaged in a policy analysis when reaching his decision but instead whether his decision was susceptible to policy analysis.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Dana Miller
17-10594 · 2018-10-18
Appeal (appellant) Denied

“the district court's application of the sophisticated means enhancement was not clearly erroneous. ... CONCLUSION AFFIRMED.”

United States v. James Ganzer, Jr.
17-51042 · 2019-04-24
Appeal (appellant) Denied

“Accordingly, we hold that the good-faith exception to the exclusionary rule is applicable to the NIT warrant and its fruits and, therefore, AFFIRM the district court's denial of Ganzer's motion to suppress.”

United States v. Felipe Vinagre-Hernandez
18-50402 · 2019-06-07
Appeal (appellant) Denied

“For the aforementioned reasons, this court AFFIRMS the decision of the district court.”

Armstrong v. Ashley
18-30296 · 2019-03-11
Appeal (appellant) Moot / procedural

“Because the district court's decision on the Rule 12(b)(6) motion was based on timing rather than a substantive legal disposition regarding qualified immunity, this court does not have jurisdiction to consider the appeal at this time. ... We DISMISS this appeal for lack of appellate jurisdiction.”

The Inclusive Communities Project, Inc. v. Lincoln Property Co.
17-10943 · 2019-04-09
Appeal (appellant) Denied

“we find no error in the district court's determination that the allegations of ICP's complaint regarding Lincoln's and the Owners' ‘no vouchers’ policies fail to allege facts sufficient to provide the robust causation necessary for an actionable disparate impact claim.”

United States v. Jason Lee Randall
17-11403 · 2019-05-22
Appeal (appellant) Granted

“Finding plain error in the district court's offense level calculation, we VACATE Randall's sentence and REMAND for re-sentencing consistent with this opinion.”

United States v. Orbie Dale Chambliss
19-50741 · 2020-01-28
Appeal (appellant) Denied

“having reviewed the district court's clearly-articulated reasons for denying Chambliss' motion to reduce his sentence, we find no abuse of discretion... Accordingly, we AFFIRM.”

United States v. Rodney Andrew Johnson
18-50826 · 2019-11-22
Appeal (appellant) Denied

“Johnson has failed to show a reasonable probability that, but for the error, he would have received a lesser sentence... AFFIRMED.”

United States v. Rosalio Ramos Tapia
18-10161 · 2020-01-06
Appeal (appellant) Denied

“Tapia has not carried his burden of proving that he would have received a lesser sentence had the Government not referenced the proffer information; consequently, his substantial rights were not affected. AFFIRMED.”

United States v. Louis Luyten
19-40603 · 2020-07-15
Appeal (appellant) Denied

“the district court did not err in its imposition of the sentencing enhancement under U.S.S.G. 2L1.1(b)(6). Accordingly, the judgment of the district court is AFFIRMED.”

United States v. Elekwachi Kalu
18-20399 · 2019-08-30
Appeal (appellant) Denied

“it was not erroneous for the district court to conclude that the claim numbers qualified as 'means of identification,' and that Kalu's offense thus warranted the two-level enhancement... AFFIRMED.”

United States v. Efren Madrid, Jr.
19-50999 · 2020-10-15
Appeal (appellant) Denied

“The district court did not err in assessing a $5,000 monetary penalty under the AVAA, no discrepancy exists between the orally pronounced assessment and the written judgment, and the district court did not err by denying a downward variance... AFFIRMED.”

Caseload & timing

From public federal docket records for this judge.

The sampled dockets of Engelhardt's E.D. La. cases are dominated by miscellaneous proceedings (grand-jury, search-warrant, and administrative matters), reflecting what the record happens to hold rather than his true civil-criminal mix; do not read the sample as a caseload distribution.

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