Monday Morning Review: Local Governments in the Federal Appellate Courts

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

Third Circuit

M.R. v. Ridley School District, No. 12-4137 (Feb. 20, 2014) (finding under Individuals with Disabilities in Education Act that for “stay put” period: (1) school district must reimburse parents for private-school costs even if parents do not file a claim for payment until after a court has ruled for the school; and (2) the parents’ right to interim funding extends through the time of judicial appeal.).

Fourth Circuit

Stevenson v. City of Seat Pleasant, No. 12-2047 (Feb. 21, 2014) (finding, inter alia, that complaint sufficiently stated a claim for bystander liability under 42 U.S.C. § 1983 against officer).
Clear Sky Car Wash LLC v. City of Chesapeake, No. 13-1492 (Feb. 21, 2014) (finding that Congress did not create enforceable federal right of action under 42 U.S.C. § 4651 — and that 42 U.S.C. § 1983 cannot supply that right — in case involving City’s “quick take” of car-wash property).

Seventh Circuit

Rosario v. Retirement Bd. of the Policemen’s Annuity, No. 13-1615 (Feb. 19, 2014) (finding no violation of equal protection or due process arising out of denial of pension credit to officers).
CTL v. Ashland School District, No. 13-1790 (Feb. 19, 2014) (affirming grant of summary judgment for school district in case alleging disability discrimination based on alleged noncompliance with student’s 504 plan).
Carter v. City of Milwaukee, No. 13-2187 (Feb. 19, 2014) (affirming that officer was not subject to unconstitutional search or seizure arising out of search by fellow officer).

Ninth Circuit

Sheehan v. City and County of San Francisco, No. 11-16401 (Feb. 21, 2014) (finding that: (i) triable issues of fact exist about whether officers’ entry of home and use of force violated the Fourth Amendment; (ii) the district court properly found that the City was not liable under Monell v. Dept. of Social Services, 436 U.S. 658 (1978); (iii) Title II of the ADA applies to arrests, and that there is a triable issue about whether officers failed to reasonably accommodate Sheehan’s disability).

(Feb. 17, 2014-Feb.21, 2014).