Monday Morning Review: Local Governments in the Federal Appellate Courts

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

First Circuit

Green Mountain Realty Corp. v. Leonard, No. 13-2163 (Apr. 23, 2014) (finding that district court improperly granted summary judgment to Town on cell phone provider’s claim that Town “prohibited” it from providing service under 47 U.S.C. 332(c)(7) of the Communications Act).

Third Circuit

Hallsey v. Pheiffer, No. 13-1549 (Apr. 24, 2014) (reversing district court’s summary judgment for officers on fabrication, malicious prosecution, and coercion claims, in case arising out of suit brought by individual wrongly imprisoned for 22 years).

Seventh Circuit

Stone v. Bd. of Election Comm’rs for the City of Chicago, No. 13-2733 (Apr. 25, 2014) (affirming that City’s scheme to require signatures before one can be named on the ballot as a mayoral candidate does not violate First or Fourteenth Amendments).
Banks v. Chicago Bd. of Ed., No. 13-2018 (Apr. 24, 2014) (affirming denial of post-judgment motion for abuse of discretion brought by former-employee plaintiff in case alleging race discrimination and retaliation).

Eighth Circuit

Edwards Jr. v. Brown, No. 13-1560 (Apr. 24, 2014) (reversing denial of qualified immunity for sheriff in case alleging excessive force and failure to protect).

Ninth Circuit

Stockwell v. City and County of San Francisco, No. 12-15070 (Apr. 24, 2014) (finding that district court improperly denied class-action certification by looking to merits question, in case brought by police officers over the age of 40 seeking to challenge police department policy).

Tenth Circuit

San Juan County v. United States, No. 11-4146 (Apr. 25, 2014) (affirming that state and county were not entitled to public right-of-way because the evidence was not sufficient to show that the road had been in continuous public use as a public thoroughfare).

Eleventh Circuit

Keith v. DeKalb County, No. 13-11250 (Apr. 23, 2014) (finding that sheriff is entitled to summary judgment because plaintiff has failed to show that he violated any constitutional right in case arising out of murder of inmate by other inmate).

(Apr. 21, 2014-Apr. 25, 2014)