Monday Morning Review: Local Governments in the Federal Appellate Courts

Catching up on recent published decisions involving local governments:

First Circuit

S. Kingstown Sch. Cmte v. Joanna S., No. 14-1177 (Dec. 9, 2014): The court ruled in Individuals with Disabilities in Education Act (“IDEA”) case that settlement agreement relieved school committee of obligation to perform or fund evaluations, and remanded to determine whether Joanna S. is entitled to attorney’s fees.

Second Circuit

Hardison v. Bd. of Ed. of the Oneonta City Sch. Dist., No. 13-1594 (Dec. 3, 2014): The court ruled, in IDEA case, that district court should have shown greater deference to state review officer’s determination to deny reimbursement.

Fourth Circuit

E.L. v. Chapel Hill-Carrboro Bd. of Ed., No. 13-2330 (Dec. 3, 2014): The court found that student did not exhaust her administrative remedies and that school board did not violate the IDEA; student received therapy mandated by her IEP.
AGI Assoc., LLC v. City of Hickory, No. 13-2097 (Dec. 11, 2014): The court found that under North Carolina law, governmental immunity from equitable claims is waived when a county or municipality acts in a proprietary, not governmental, capacity.

Fifth Circuit

Burnside v. Kaelin, No. 13-41344 (Dec. 9, 2014): In case filed by deputy sheriff who claims that he was terminated for exercise of his First-Amendment rights, the court affirmed in part and reversed in part district court’s denial of motion to dismiss complaint on qualified-immunity grounds.

Sixth Circuit

Ayers v. City of Cleveland, No. 13-3413 (Dec. 2, 2014): The court ruled that detectives had forfeited their qualified-immunity defense through procedural errors.

Seventh Circuit

Whitaker v. Milwaukee County, No. 13-3735 (Nov. 25, 2014): The court affirmed summary judgment for County on ADA claim brought by former employee.
DeLee v. City of Plymouth, No. 14-1970 (Dec. 9, 2014): The court ruled that City owed DeLee full, not partial, “longevity pay” under the Uniformed Services Employment And Reemployment Rights Act.

Eighth Circuit

Williams v. Alexander, No. 13-3497 (Dec. 8, 2014): In case in which plaintiff claims that officer arrested him without probable cause, the court affirmed denial of officer’s motion for qualified immunity.

Ninth Circuit

Curley v. City of N. Las Vegas, No. 12-16228 (Dec. 2, 2014): The court affirmed grant of summary judgment for City on claims alleging discrimination and retaliation in violation of the ADA.

Tenth Circuit

Kane County v. Utah, No. 13-4108 (Dec. 2, 2014): The court resolved issues in quiet-title action related to County’s claim of rights-of-way over various roads.

D.C. Circuit

Amador County v. U.S. Dept. of Interior, No. 13-5245 (Dec. 2, 2014): The court affirmed that indian tribe’s motion to intervene was untimely.

(11/25/2014-12/12/2014)