Bobby Ed Shepherd
How Judge Shepherd rules, drawn from 55 signed orders. Every observation links to the order it came from.
How Judge Shepherd decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A long-used selection process employing independent interviewers, identical questions, standardized scoring, and selection of the top-ranked candidate did not support an inference of pretext.
“Each candidate was asked the same preapproved questions, and their answers were scored based on a standardized rubric. The four highest scorers were then forwarded to Needham and Galeski, who then selected the top-ranked candidate. Those facts do not show pretext.”
At summary judgment, unsupported representations did not create a credibility dispute where no evidence showed they were true.
“But there is nothing to weigh: zero evidence indicates that the representations Wells Fargo relies on are true. No reasonable jury could believe Freid’s Trust was anything other than a straw purchaser, or that the Policy was anything other than unlawful STOLI under New Jersey law.”
Procedural preferences
A theory not pleaded in the complaint and never added by amendment could not defeat dismissal because review remained confined to the pleadings.
“When considering a motion to dismiss, we are limited to the four corners of a plaintiff’s complaint. See Porous Media Corp. v. Pall Corp., 186 F.3d 1077, 1079 (8th Cir. 1999) (explaining that courts ‘generally must ignore materials outside the pleadings’ on a motion to dismiss). The Nares never moved to amend their complaint, and therefore this un-pleaded theory cannot save their federal claims from dismissal.”
A proposed class could not proceed when its sole named plaintiff lacked Article III standing.
“Moreover, because Glasscock is the only named plaintiff in this suit, his lack of standing means this case must be dismissed.”
Legislative immunity turns on the nature of the challenged act; the reviewed one-year ban from county property was administrative rather than legislative even though commissioners adopted it by vote.
“the record shows that the Commissioners voted to ban Rinne from county property for a year, an act that is administrative, not legislative, in nature.”
A statute requiring an initial minimum term of supervised release did not displace the court’s separate authority to terminate supervision later after the defendant served at least one year.
“section 841(b)(1) does not impact a district court’s ability under § 3583(e)(1) to later terminate an individual’s supervised release after the individual has served at least one year.”
A Section 2255 movant seeking an evidentiary hearing on plea advice must supply credible, fact-specific evidence that proper advice would have changed the plea decision; conclusory assertions do not suffice.
“to justify an evidentiary hearing, Hudson ‘must present some credible, non-conclusory evidence that [s]he would have pled guilty had [s]he been properly advised.’”
When intervening Supreme Court authority displaced the adverse-employment-action standard used below, the discrimination and retaliation claims were remanded for fresh consideration under the new rule.
“Accordingly, we reverse and remand Collins’s § 1981 discrimination and retaliation claims to the district court so that it may consider them anew in light of Muldrow.”
Before entering a permanent injunction, the district court must address whether legal remedies are adequate and must tailor any equitable relief to the plaintiffs with standing.
“district court’s failure to consider whether Plaintiffs had an adequate remedy at law before granting permanent injunctive relief is an abuse of discretion.”
Cautions
A custodial-suicide claim required allegations showing the correctional officers' knowledge of the risk; allegations that they merely should have known were insufficient.
“Without more, Williams’s allegations are merely that these correctional officers should have known of May’s suicide risk, which is insufficient to allege a constitutional violation.”
A petition for review can fail when briefing does not meaningfully challenge the agency’s dispositive finding; the unaddressed ground is treated as waived.
“In their petition for review, Petitioners do not meaningfully argue that the BIA erred in reaching this conclusion and have accordingly waived any challenge to such finding.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We affirm the decision of the district court except as to attorney fees. On the matter of attorney fees, we remand for recalculation of those fees.”
“Finding no genuine dispute of material fact and that Kaizer is entitled to qualified immunity as a matter of law, we affirm the district court's grant of summary judgment and dismissal with prejudice in favor of Officer Kaizer.”
“We reverse the denial of qualified immunity to the officers and remand for further proceedings consistent with this opinion.”
“we affirm the denial of legislative immunity, and the rest of this appeal is dismissed for lack of jurisdiction.”
“Having jurisdiction under 28 U.S.C. § 1291, we reverse and remand.”
“we conclude that the district court did not err in denying the motion to suppress. Accordingly, we affirm the judgment of the district court.”
“Hudson appeals, and, having jurisdiction under 28 U.S.C. § 1291, we affirm.”
“we affirm the grant of summary judgment on the hostile work environment claim but reverse and remand for further proceedings consistent with this opinion on the discrimination and retaliation claims in light of the Supreme Court's recent decision in Muldrow v. City of St. Louis, 144 S. Ct. 967 (2024).”
“Exercising de novo review, ... we reject his arguments and affirm the district court.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a trial caseload; not enumerated.
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