Monday Morning Review: Local Governments in the Federal Appellate Courts

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

Second Circuit

Raspardo v. Carlone, No. 12-1686 (Oct. 6, 2014): In 1983 Title VII employment discrimination case brought by female police officers alleging hostile work environment and disparate treatment, the court affirmed denial of qualified immunity for one officer on hostile-work-environment claim, and reversed denial of qualified immunity for other officers.
Sunrise Detox V, LLC v. City of White Plains, No. 13-2911 (Oct. 2, 2014): In case in which City denied request for facility to provide care for those recovering from alcohol and drug abuse because facility did not satisfy zoning requirements, the court affirmed district court’s determination that it lacked subject-matter jurisdiction over ADA suit. Suit was not ripe because applicant had not sought variance or appealed the zoning decision.
Grogan v. Blooming Grove Volunteer Ambulance Corps, No. 13-656 (Sept. 29, 2014): The court affirmed dismissal of 1983 action after it determined that private emergency medical care and general ambulance services contracted for by municipality do not constitute “state action.”

Seventh Circuit

Selective Insurance Co. of S.C. v. City of Paris, No. 13-1699 (Oct. 2, 2014): The court affirmed that City could not rely on Fed. R. Civ. P. 54(b) to request reconsideration of summary judgment issued nearly three years earlier.

Ninth Circuit

Pharmaceutical Research & Mfrs. of Am. v. County of Alameda, No. 13-16833 (Sept. 30, 2014): The court found that the County’s Safe Drug Disposal Ordinance does not violate the dormant commerce clause. See our coverage here.
M.M. v. Lafayette School Dist., No. 12-15769 (Oct 1, 2014) (amending opinion addressing IDEA issued Sept. 16, 2014).

(Sept. 29, 2014-Oct. 3, 2014)