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Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on By Kira Klatchko

Here are last week’s published decisions involving local governments:court collumn

Fourth Circuit

  • Cherry v. Mayor and City Council of Baltimore City, No. 13-1007 (Aug. 6, 2014): In case brought by active and retired Baltimore police officers and fire fighters who participate in City’s pension plan, reversing district court’s decision that the City had violated the Contract Clause and affirming that the City had not violated the Takings Clause by changing how it calcualtes pension benefits.

Fifth Circuit

  • Thompson v. Mercer, No. 13-10773 (Aug. 7, 2014): In 1983 action against officer who shot and killed individual who had stolen vehicle and led police on a two-hour, high-speed chase, affirming grant of qualified immunity to officer because use of deadly force was not a constitutional violation.
  • Sullo & Bobbitt v. Milner, No. 13-10869 (Aug. 6, 2014): In unpublished decision, affirming dismissal of case brought by attorneys claiming First-Amendment right to access misdemeanor court records within one day of their filing.

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Mootness on Appeal

Posted in Tips and Tactics on By Ann Schwing

Substantially the same principles apply to actions that become moot on appeal as apply before judgment.5554035521_f6b59ccafa_n E.g., Annot., What Circumstances Render Civil Case, or Issue Arising Therein, Moot So as to Preclude Supreme Court’s Consideration of Their Merits, 44 L.Ed.2d 745 (1975); Note, Mootness on Appeal in the Supreme Court, 83 Harv. L. Rev. 1672 (1970).

When an event occurs during an appeal, without the fault of the defendant, that renders it impossible for the court to grant effective relief to the plaintiff if the court should rule in favor of the plaintiff, the issue is moot and the appeal should normally be dismissed. Alvarez v. Smith, 558 U.S. 87, 89, 130 S.Ct. 576, 578, 175 L.Ed.2d 447, 451 (2009); United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36, 41 (1950). Depending on circumstances, the trial court’s decree may be vacated before the dismissal.   On vacatur or dismissal of the appeal, see U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 26, 115 S.Ct. 386, 392, 130 L.Ed.2d 233, 242 (1994); NASD Dispute Resolution, Inc. v. Judicial Council of State of California, 488 F.3d 1065, 1068-69 (9th Cir.2007).  An appellate court is less likely Continue reading →