U.S. Court of Appeals for the Fifth Circuit, 2023

Harlan v. TX Workforce Commission

Harlan v. TX Workforce Commission
U.S. Court of Appeals for the Fifth Circuit · Decided June 29, 2023

Harlan v. TX Workforce Commission

Opinion

Case: 22-20139 Document: 00516804993 Page: 1 Date Filed: 06/29/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED June 29, 2023 No. 22-20139 Lyle W. Cayce ____________ Clerk Marvinell Harlan, Plaintiff—Appellant, versus Texas Workforce Commission; Appeal Tribunal Hearing Officer J. Koehn; Hearing Officer J. Lawrence; Commissioners Hope Andrade; Andres Alcantar, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:21-CV-3719 ______________________________ Before Higginbotham, Graves, and Douglas, Circuit Judges.

Per Curiam: * Marvinell Harlan appeals the district court’s dismissal of her civil action against the Texas Workforce Commission and various officials with that agency. Harlan’s action followed her unsuccessful litigation in state court regarding the termination of unemployment benefits. The district court liberally construed Harlan’s pleadings as raising claims for injunctive _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-20139 Document: 00516804993 Page: 2 Date Filed: 06/29/2023

No. 22-20139

relief and damages under 42 U.S.C. § 1983 for violating the Fourteenth Amendment. However, the district court found that it lacked subject matter jurisdiction to consider Harlan’s claims because they were barred by the Eleventh Amendment and the Rooker-Feldman doctrine, and it dismissed with prejudice. This court has considered this appeal on the basis of the briefs, record and applicable law in this matter. Having done so, the order of the district court is AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.