Archives: Monday Morning Review

Employers Lose Important Procedural Employment Discrimination Case

Posted in Case Notes Commentary IMLA Briefs Monday Morning Review on June 3, 2019 By Lann McIntyre

Before an employee alleging employment discrimination under Title VII (on the basis of race, color, religion, sex, or national origin) may bring a lawsuit in federal court he or she must file charges with the Equal Employment Opportunity Commission (EEOC).

In Fort Bend County, Texas v. Davis the Supreme Court held unanimously that Title VII’s charge-filing requirement is a “mandatory procedural prescription” that a court must consider if timely raised (but may be forfeited if not timely asserted). The State and Local Legal Center (SLLC) filed an amicus brief arguing that the charge-filing requirement is jurisdictional, meaning it can be raised at any stage of the litigation. If the charge-filing requirement was jurisdictional and an employee failed to comply with it, a court would no longer have authority to hear the case.

In her charge form to the EEOC, Lois Davis alleged that supervisors at Fort Bend County had sexually harassed her and retaliated against her. While her charge was pending, she was fired for refusing to come to work on a Sunday because of a commitment at church. While she updated her EEOC intake questionnaire to include religious discrimination she didn’t update the charge form.

The EEOC investigated and gave Davis permission to sue. She brought a religious discrimination claim and a claim for retaliation for reporting sexual harassment. Years into the litigation Fort Bend County argued the court lacked jurisdiction to hear the religious discrimination claim because Davis never included it in the charge form.

The Court, in an opinion written by Justice Ginsburg, held that Title VII’s charge-filing requirement is a mandatory but waivable claim-processing rule (which was waived in this case because Fort Bend waited so long to point out Davis didn’t comply with the charge-filing requirement). Continue reading →

South Dakota Asks U.S. Supreme Court to Accept Sales Tax Case

Posted in Case Notes Commentary IMLA Briefs Monday Morning Review on October 9, 2017 By Lann McIntyre

South Dakota has filed a petition in South Dakota v. Wayfair asking the U.S. Supreme Court to hear a challenge to its law requiring out-of-state retailers to collect sales tax.

In Quill Corp. v. North Dakota (1992), the Supreme Court held that states cannot require retailers with no in-state physical presence to collect sales tax.

In March 2015, Justice Kennedy wrote a concurring opinion stating that the “legal system should find an appropriate case for this Court to reexamine Quill.” Justice Kennedy criticized Quill in Direct Marketing Association v. Brohl for many of the same reasons the State and Local Legal Center stated in its amicus brief. Specifically, internet sales have risen astronomically since 1992 and states and local governments are unable to collect most taxes due on sales from out-of-state vendors.

Following the Kennedy opinion a number of state legislatures passed legislation requiring remote vendors to collect sales tax. South Dakota’s law is the first to be ready for review by the U.S. Supreme Court. In September the South Dakota Supreme Court ruled that the South Dakota law is unconstitutional because it clearly violates Quill and it is up to the U.S. Supreme Court to overrule it. Continue reading →

Supreme Court Accepts Two Car Search Cases

Posted in Case Notes Commentary Monday Morning Review on October 2, 2017 By Lann McIntyre

At the Supreme Court’s “long conference,” where it decides which petitions—that have been piling up all summer—to accept, the Court agreed to hear two unrelated cases involving car searches.

Per the Fourth Amendment police officers generally need a warrant to search a car. However, the automobile exception allows officers to search a car that is “readily mobile” without a warrant if officers have probable cause to believe they will find contraband or a crime has been committed.

Collins v. Virginia raises the question of whether the automobile exception applies to a car that is parked on private property. Continue reading →

Federal District Court Rejects Obama Overtime Rule

Posted in Case Notes Commentary Monday Morning Review on September 5, 2017 By Lann McIntyre

A federal district judge in Texas has invalidated Obama overtime regulations which would have made it more likely states and local governments would have had to pay more employees overtime.

Per the Fair Labor Standards Act (FLSA), executive, administrative, and professional “white collar” employees do not have to be paid overtime if they work more than 40 hours a week. Per Department of Labor (DOL) regulations, adopted shortly after the FLSA was adopted in 1938, employees must perform specific duties and earn a certain salary to be exempt from overtime as white collar employees.

On May 23, 2016, DOL issued final rules nearly doubling the previous salary level test for white collar employees from $455 per week, or $23,660 per year, to $913 per week, or $47,476 per year. The rules also automatically updates the salary level every three years for white collar employees.

According to the Judge Mazzant, DOL does not have the authority to adopt a salary test that effectively eliminates the duties test, which is what the final rule does. The text of the final rule explicitly says that those earning less than $913 will be eligible for overtime “irrespective of their job duties and responsibilities.” The court likewise concluded that the automatic updating mechanism is unlawful.　 Continue reading →

Supreme Court Accepts Prisoner Civil Rights Attorney’s Fees Case

Posted in Case Notes Commentary Monday Morning Review on August 28, 2017 By Lann McIntyre

In an unusual move, the Supreme Court accepted a case during its summer recess. Like most of its docket, this case will affect states and local governments.

The Prison Litigation Reform Act (PLRA) states that when an inmate recovers money damages in a confinement conditions case “a portion of the judgment (not to exceed 25 percent)” shall be applied to his or her attorney’s fees award. The question the Supreme Court will decide in Murphy v. Smith is whether “not to exceed 25 percent” means up to 25 percent or exactly 25 percent.

A jury awarded inmate Charles Murphy about $300,000 in damages relating to an officer crushing his eye socket and leaving him unconscious in a cell without checking his condition.

The trial judge awarded Murphy’s attorney about $100,000 in fees and allocated 10 percent of Murphy’s damages award to attorney’s fees (about $30,000). Continue reading →

SLLC Files Supreme Court Amicus Brief in Statute of Limitations Case Involving a City

Posted in Case Notes Commentary IMLA Briefs Monday Morning Review on August 21, 2017 By Lann McIntyre

Federalism cases raise legal issues big and small, pedestrian and esoteric.

The very simple question in Artis v. District of Columbia is what does it mean for a statute of limitations to “toll” under 28 U.S.C 1367(d)? The State and Local Legal Center (SLLC) filed a Supreme Court amicus brief agreeing with the District of Columbia’s interpretation of “toll.”

A year after the fact, Stephanie Artis sued the District of Columbia in federal court bringing a number of federal and state law claims related to her termination as a code inspector. It took the federal district court over two and a half years to rule on her claims. It dismissed her sole federal claim as “facially deficient” and no longer had jurisdiction to decide the state law claims.

28 U.S.C 1367(d) states that statutes of limitations for state law claims pending in federal court shall be “tolled” for a period of 30 days after they are dismissed (unless state law provides a longer tolling period).

While Artis was waiting for the federal district court to rule, the three-year statutes of limitations on all her state law claims passed. She waited 59 days to re-file her claims in state court after the federal district court dismissed her case.

Was her claim timely? The District of Columbia Court of Appeals held no. Continue reading →

Supreme Court to Consider Constitutionality of Partisan Gerrymandering

Posted in Case Notes Commentary Monday Morning Review on June 19, 2017 By Lann McIntyre

In Gill v. Whitford the Supreme Court has agreed to decide whether and when it is possible to bring a claim that partisan gerrymandering is unconstitutional.

While the Court has repeatedly struck down district maps that rely on racial gerrymandering, it has never ruled that maps drawn to secure partisan advantage are unconstitutional. In 2004, Justice Anthony M. Kennedy – who may be the deciding vote in Whitford – wrote a concurring opinion indicating that partisan gerrymandering could be unconstitutional.

In 2011, Wisconsin legislators redrew state assembly districts to reflect population changes recorded in the 2010 census. Map makers used a model designed to predict the likelihood that various proposed districts would elect a Republican. In the 2015 election, Republican candidates received less than 49% of the statewide vote and won seats in more than 60% of the state’s assembly districts; and, in 2014, 52 percent of the vote yielded 63 seats for Republicans.

The challengers propose a standard for determining the influence of partisan gerrymandering in the district-drawing process. Drawn from a 2015 article written by a University of Chicago law professor and a lawyer for the challengers, the standard is based on “wasted votes”–votes in each district cast for a non-winning party’s candidate. By dividing the difference between the sums of each party’s wasted votes by the total number of votes cast, the proposed standard yields an efficiency gap. Continue reading →

Supreme Court Rejects Judge Gorsuch’s View of Special Education Law

Posted in Case Notes Commentary Monday Morning Review on March 27, 2017 By Lann McIntyre

The Supreme Court’s decision in Endrew F. v. Douglas County School District was bad timing for Supreme Court nominee Judge Neil Gorsuch.

The Supreme Court held unanimously that public school districts must offer students with disabilities an individual education plan (IEP) “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The Court rejected the Tenth Circuit’s holding that an IEP must merely confer “some educational benefit” that is “more than de minimis.”

This ruling came down while Judge Gorsuch was testifying before the Senate Judiciary Committee. Judge Gorsuch was the author of a 2008 opinion Continue reading →

Supreme Court Will Not Decide Transgender Bathroom Case

Posted in Case Notes Commentary Monday Morning Review on March 6, 2017 By Lann McIntyre

The Supreme Court will not decide—at least not this term—whether transgender students have a right to use the bathroom consistent with their gender identity due to changes in position on this issue from the Obama to Trump administration.

Title IX prohibits school districts that receive federal funds from discriminating “on the basis of sex.” A Title IX regulation states if school districts maintain separate bathrooms (locker rooms, showers, etc.) “on the basis of sex” they must provide comparable facilities for the other sex.

In a 2015 letter the Department of Education (DOE) interpreted the Title IX regulation to mean that if schools provide for separate boys’ and girls’ bathrooms, transgender students must be allowed to use the bathroom consistent with their gender identity. DOE and the Department of Justice reaffirmed this stance in a May 2016 “Dear Colleague” letter.

On February 22, 2017, DOE issued a “Dear Colleague” letter withdrawing the previous letters. The new “Dear Colleague” letter takes no position on whether the term “sex” in Title IX includes gender identity.

G.G. is transgender. The Gloucester County School Board prevented him from using the boy’s bathroom. He sued the district arguing that is discriminated against him in violation of Title IX.

Continue reading →

Opening Day at the Supreme Court

Posted in Commentary Monday Morning Review Roundup on October 3, 2016 By Lisa Soronen, Executive Director, SLLC

The first Monday in October (today) is Supreme Court opening day! Two other traditions coincide with this tradition. First is State and Local Legal Center (SLLC) Supreme Court Preview webinar. Second is the results of the Supreme Court’s “long” conference. Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on December 21, 2014 By Kira Klatchko

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

Fourth Circuit

Hudson v. Pittsylvania County, No. 13-2160 (Dec. 17, 2014): In appeal of district court order finding that County prayers violated Establishment Clause, the court found that County’s appeal was untimely.

Fifth Circuit

Bell v. Itawamba County Sch. Bd., No. 12-60264 (Dec. 12, 2014): The court ruled that school board violated student’s freedom of speech by disciplining him for a song that he wrote off campus, that he posted to the Internet from his home computer, and that did not cause a substantial disruption.
Sanchez v. City of Austin, No. 13-50916 (Dec. 18, 2014): The court reversed district court’s order denying attorney’s fees to plaintiffs who challenged City’s policy of issuing criminal-trespass notices to “Occupy” protestors.

Sixth Circuit

Tyler v. Hillsdale County Sheriff’s Dept., No. 13-1876 (Dec. 18, 2014): The court ruled that prohibition on posession of firearm by person who has been committed to a mental institution violates the Second Amendment.
Greco v. Livingston County, No. 14-1203 (Dec. 19, 2014): The court affirmed denial of qualified immunity for officer in case involving dog attack.

Eighth Circuit

County of Ramsey v. Mescorp Inc., No. 13-3026 (Dec. 19, 2014): See above.

Ninth Circuit

Vivid Entm’t v. Fielding, No. 13-56445 (Dec. 15, 2014): The court affirmed order denying motion to enjoin the “County of Los Angeles Safer Sex in the Adult Film Industry Act.”

Tenth Circuit

Campbell v. City of Spencer, No. 14-6015 (Dec. 16, 2014): The court ruled that district court properly determined that claim preclusion barred 1983 claims regarding seizure of horses.
Felkins v. City of Lakewood, No. 13-1415 (Dec. 19, 2014): The court affirmed that ADA against City failed because Felkins failed to present expert medical evidence that her major life activities were substantially limited by her condition.

(12/15/2014-12/19/2014)

Image courtesy of Flickr from Ken Lund (creative-commons license, no changes made).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on December 14, 2014 By Kira Klatchko

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 Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on November 24, 2014 By Kira Klatchko

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

First Circuit

Watchtower Bible and Tract Soc. of New York v. Mun. of San Juan, No. 13-1605 (Nov. 20, 2014): The court upheld injunction against municipalities that had issued permits for gated communties in Puerto Rico that did not provide access to public streets for First-Amendment activities.

Third Circuit

Dougherty v. Sch. Dist. of Philadelphia, No. 13-3868 (Nov. 21, 2014): The court affirmed denial of motion for summary judgment on qualified immunity grounds in case presenting First-Amendment retaliation claim.

Sixth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on November 17, 2014 By Kira Klatchko

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

Fourth Circuit

West v. Murphy, No. 13-2014 (Nov. 14, 2014): The court affirmed that defendants were entitled to qualified immunity in 1983 action challenging strip searches of arrestees on Fourth-Amendment grounds.

Sixth Circuit

Williams v. City of Cleveland, No. 13-4162 (Nov. 10, 2014): The court ruled that plaintiff stated a plausible Fourth-Amendment claim when it alleges that jail required detainees to undress in presence of other detainees and sprayed their naked genitals with delousing solution.
Misewicz v. City of Memphis, No. 14-5053 (Nov. 14, 2014): The court affirmed grant of summary judgment for City in challenge under Fair Labor Standards Act regarding overtime pay.
S.L. v. Pierce Twp. Bd. of Trustees, No. 13-3892 (Nov. 17, 2014): The court affirmed summary judgment orders for defendants in case arising out of arrest of juvenile. Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on November 10, 2014 By Kira Klatchko

Here are the last two weeks’ published decisions involving local governments:

Second Circuit

Golodner v. Berliner, No. 12-1173 (Oct. 27, 2014): In 1983 action alleging that City and City officials retaliated against Golodner for exercising his First-Amendment rights, the court affirmed that defendants were not entitled to summary judgment on the basis of qualified immunity.
Berman v. City of New York, No. 13-598 (Oct. 29, 2014): The court certified two questions to the New York Court of Appeals in suit challenging City law that regulates debt-collection agencies.
Harris v. O’Hare, No. 12-4350 (Oct. 30, 2014): In suit claiming that officers violated the Fourth Amendment when they entered yard and shot and killed family dog, the court found that there was insufficient evidence of exigent circumstances to permit warrantless search.
Floyd v. City of New York, No. 13-3088 (Oct. 31, 2014): The court ruled that public-sector unions may not intervene into litigation concerning City’s “stop-and-frisk” policy where the parties to the ligitation have agreed to settlement.

Sixth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on October 28, 2014 By Kira Klatchko

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

Third Circuit

Thorpe v. Borough ofJim Thorpe, No. 13-2446 (Oct. 23, 2014): The court reversed district court’s conclusion that Native American Graves Protection and Repatriation Act requires the Borough to disinter Jim Thorpe. In the court’s view, “Congress could not have intended th[is] kind of patently absurd result.”

Fourth Circuit

Davis v. City of Greensboro, No. 13-1820 (Oct. 22, 2014): In suit brought by police officers and firefighters claiming that the City failed to pay certain wages and benefits, the court affirmed district court’s denial of the City’s motion to dismiss because governmental immunity does not protect the City from breach of contract and estoppel claims. Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on October 20, 2014 By Kira Klatchko

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

Sixth Circuit

Cass v. City of Dayton, No. 13-4409 (Oct. 16, 2014): In 1983 action alleging that officer used excessive force in violation of the Fourth Amendment, the court affirmed summary judgment for defendants because officer’s conduct was objectively reasonable and did not violate Fourth Amendment.

Seventh Circuit

Swisher v. Porter County Sheriff’s Dept., No. 13-3602 (Oct. 15, 2014): The court reversed the judgment for defendants because Plaintiff, who brought 1983 action alleging he was denied proper medical care while he was a pretrial detainee, had no duty to exhaust administrative remedies at the jail because jail’s grievance procedure was not clear.

Ninth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on October 13, 2014 By Kira Klatchko

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

First Circuit

Showtime Entn’t v. Town of Mendon, No. 12-2121 (Oct. 8, 2014): The Town’s adult-business-entertainment bylaws unconstitutionally infringe on Showtime’s right to engage in a protected expressive activity; the regulations’ underinclusiveness indicates that Town does not have substantial interest in regulating adult businesses to curb secondary effects.

Seventh Circuit

Matz v. Klotka, No. 12-1674 (Oct. 6, 2014): In 1983 action alleging Fourth-Amendment violation arising out of arrest, the court affirmed the grant of summary judgment for officers on qualified-immunity grounds.

Ninth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on October 6, 2014 By Kira Klatchko

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 Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 29, 2014 By Kira Klatchko

Here is last week’s one published decision involving a local government:

Seventh Circuit

Norton v. City of Springfield, No. 13-3581 (Sept. 25, 2014): The court ruled that the City’s panhandling ordinance is a valid time, place, and manner requirement and therefore withstands a First-Amendment challenge. See coverage from Julie Tappendorf of Municipal Minute here.

Image courtesy of Flickr from Ken Lund (creative-commons license, no changes made).

(Sept. 22, 2014-Sept. 26, 2014)

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 23, 2014 By Kira Klatchko

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

Second Circuit

Chabad Lubavitch of Litchfield County, Inc. v. Litchfield Hist. Dist. Comm’n, No. 12-1057 (Sept. 19, 2014): The court ruled, in Religious Land Use and Instiutionalized Persons Act challege to historic district’s denial of application to modify property for religious use, that district court: (i) erred in finding that rabbi lacked standing; and (ii) applied the wrong standard to determine that the historic district was entitled to summary judgment under RLUIPA.

Sixth Circuit

United Pet Supply, Inc. v. City of Chattanooga, No. 13-5181 (Sept. 18, 2014): The court found that: (i) private animal-welfare employee that contracted with City may not assert qualified immunity; (ii) officers may not assert qualified-immunity defense to “official capacity” suits; (iii) seizure of animals without prior hearing did not violate procedural due process; (iv) revocation of permit without hearing did violate due process; (v) that warrantless animal seizure did not violate Fourth Amendment because of exigent circumstances; and (vi) seizure of records without warrant violated clearly established Fourth-Amendment right and therefore officer was not entitled to qualified immunity.
Finn v. Warren County, No. 13-6629 (Sept. 16, 2014): In action alleging inadequte medical care in violation of the Eighth Amendment and state law claims including negligence after Finn died in his cell, the court reversed grant of summary judgment for officer, remanded for trial on negligence claim, and otherwise affirmed judgment below.

Seventh Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 16, 2014 By Kira Klatchko

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

Ninth Circuit

Butler v. Nat. Comm. Renaissance of Cal., No. 11-55806 (Sept. 12, 2014): The court affirmed that 1983 action challenging warrantless search of apartment was untimely.

Eleventh Circuit

West v. Davis, No. 13-14805 (Sept. 8, 2014): The court found that district court improperly granted summary judgment for security guard in case in which West challenged the actions of a security guard at courthouse security checkpoint; district court should have applied standard for “seizures” under the Fourth Amendment.

D.C. Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 7, 2014 By Kira Klatchko

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

Sixth Circuit

Scheick v. Tecumseh Pub. Sch., No. 13-1558 (Sept. 2, 2014): In case in which Scheick contends that the school district did not renew his contract in violation of the Age Discrimination in Employment Act, the court reversed summary judgment for the school district . The evidence was sufficient to create a genuine issue of fact.
Krause v. Jones, No. 13-2498 (Sept. 3, 2014): The court affirmed finding of qualified immunity for officers in excessive-force case.
F.H. v. Memphis City Schools, No. 13-6323 (Sept. 4, 2014): The court reversed dismissal of student’s 1983 and contractual claims arising out of alleged neglect and abuse; neither settlement agreement nor IDEA barred claims.

Eighth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 3, 2014 By Kira Klatchko

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

First Circuit

Town of Johnston v. Fed. Housing Finance Agency, No. 13-2034 (Aug. 27, 2014): The court affirmed the dismissal of the municipalities’ claim that Fannie Mae and Freddie Mac failed to pay taxes on property transfers; the court found that statutory exemptions from taxation applied. As the court put it: “Six other circuits have recently considered this attempt to shoe-horn a transfer tax into a real property tax, and they have unanimously rejected the argument.”

Second Circuit

Holt v. Town of Stonington, No. 12-4878 (Aug. 29, 2014): The court found that plaintiff who challenged Town’s restrictions on her ability to build on her property failed to exhaust administrative remedies as required by Connecticut law.

Third Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on August 27, 2014 By Kira Klatchko

Apologies that this edition is delayed. I was tied up with a significant filing for the past week. The courts were busy too. Here are the last two weeks’ published decisions involving local governments:

First Circuit

Penn v. Escorsio, No. 13-2309 (Aug. 22, 2014): The court affirmed the district court’s denial of qualified immunity at the summary judgment stage to corrections officers alleged to be deliberately indifferent to risk that detainee could commit suicide. The court found that the issues presented on appeal were purely factual, and the court had no jurisdiction to decide them on interlocutory appeal.

Second Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on August 11, 2014 By Kira Klatchko

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

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.

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on August 4, 2014 By Kira Klatchko

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

Second Circuit

Cayuga Indian Nation of New York v. Seneca County, No. 12-3723 (July 31, 2014): The Second Circuit affirmed a preliminary injunction preventing the County from using foreclosure proceedings to recover unpaid ad valorem taxes from Cayuga Nation because tribal sovereign immunity bars suit.
Mirabillo v. Reg. Sch. Dist. 16, No. 13-4156 (July 30, 2014): The Second Circuit affirmed that teacher was not entitled to notice and hearing prior to reduction in her position because she was not deprived of any due-process right.

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on July 28, 2014 By Kira Klatchko

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

[Update: I added the Ninth Circuit’s Daubert decision. (7/31)]
Second Circuit

Carter v. Inc. Vill. of Ocean Beach, No. 13-815 (July 21, 2014): Affirming award of attorney’s fees to County defendants in case brought by former police officers alleging wrongful termination and defamation.

Cox v. Onondaga Sheriff’s Dept., No. 12-1526 (July 23, 2014): Affirming dismissal of complaint alleging Title VII retaliation for racial-harassment claims.

Reyes v. New York City Dept. of Ed., No. 13-158 (July 25, 2014): Finding that under IDEA, proposed IEP and school placement failed to provide student with free appropriate public education.

Fourth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on July 21, 2014 By Kira Klatchko

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

First Circuit

Merit Construction Alliance v. City of Quincy, No. 13-2189 (July 16, 2014): The court concluded that the district court: (1) properly determined that ERISA preempts a City ordinance mandating a specific apprentice-training program; and (2) erred by awarding attorney’s fees under ERISA’s fee-shifting statute.

Third Circuit

Batchelor v. Rose Tree Media Sch. Dist., No. 13-2192 (July 17, 2014): The court found that retaliation claims related to enforcement under the Indviduals with Disabilities in Education Act must be exhausted before a court may assert subject-matter jurisdiction. Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on July 16, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments, a couple days late this week:

Second Circuit

E.M. v. New York City Dept. of Ed., No. 11-1427 (July 11, 2014) (in IDEA case, concluding that district court improperly concluded that IEP was adequate by relying on retrospective evidence extrinsic to the IEP).

Fourth Circuit

Lefemine v. Wideman, No. 13-1629 (July 11, 2014) (reversing determination that successful plaintiff in 1983 First-Amendment case was not entitled to attorney’s fees). Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on July 7, 2014 By Kira Klatchko

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

Sixth Circuit

Hescott v. City of Saginaw, No. 13-2103 (July 2, 2014) (ruling that district court erred denying attorney’s fees to Hescotts in their successful 1983 action claiming that the City had unconstitutionally seized their personal effects by demolishing their property).

Seventh Circuit

Scherr v. City of Chicago, No. 13-1992 (July 2, 2014) (affirming that 1983 suit against officer based on alleged Fourth-Amendment violation was properly dismissed). Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on June 30, 2014 By Kira Klatchko

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

First Circuit

Snyder v. Gaudet, No. 12-1422 (June 25, 2014) (In 42 U.S.C. 1983 action alleging violation of equal protection because city applied zoning restriction differently to Snyder than to prior owner, granting qualified immunity to defendants because right was not clearly established): Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on June 23, 2014 By Kira Klatchko

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

First Circuit

Thayer v. City of Worcester, No. 13-2355 (June 19, 2014) (affirming denial of preliminary injunction against enforcement of city ordinances prohibiting coercive or risky behavior by panhandlers).

Second Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on June 16, 2014 By Kira Klatchko

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

Third Circuit

Rosano v. Township of Teaneck, No. 13-1263 (June 10, 2014) (in action by current and former police officers against Township alleging violation of Fair Labor Standards Act because it did not pay proper overtime and provide compensation for attending daily roll calls and putting on and taking off uniforms, affirming grant of summary judgment for Township).

Seventh Circuit

Garofalo v. Village of Hazel Crest, No. 12-668 (June 12, 2014) (in action by former police sergeants, both white, alleging that the Village discriminated against them based on race by promoting a black officer to police chief, affirming summary judgment for Village).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on June 9, 2014 By Kira Klatchko

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

First Circuit

Cady v. Walsh, No. 13-2040 (June 4, 2014) (finding that the court lacks subject-matter jurisdiction over interlocutory appeal in qualified-immunity case).

Fifth Circuit

Kagan v. City of New Orleans, No. 13-30801 (June 2, 2014) (affirming summary judgment for City in First-Amendment challenge brought by tour guides who objected to City licensing requirement).
Morgan v. Swanson, No. 13-40433 (June 3, 2014) (affirming grant of qualified immunity to school principal who prevented parent from distributing religious materials to other adults at school party; this substitutes for earlier opinion).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on June 2, 2014 By Kira Klatchko

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

Sixth Circuit

Robertson v. Lucas, No. 12-3877 (May 28, 2014) (in case arising out of corrupted drug-trade investigation, affirming award of qualified immunity on malicious prosecution and false arrest claims, and affirming dismissal of Monell claim against Richland County and City of Cleveland).

Continue reading →

Tuesday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on May 27, 2014 By Kira Klatchko

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

First Circuit

Gericke v. Begin, No. 12-2326 (May 23, 2014) (affirming denial of qualified immunity for police officers on First-Amendment retaliatory prosecution claim where plaintiff was arrested after she attempted to film a traffic stop).

Eighth Circuit

Walton v. Dawson, No. 12-4000 (May 20, 2014) (affirming in part and reversing in part denial of qualified immunity in failure-to-train claims against officers arising out of jail-cell attack that occurred after officers did not lock cell doors).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on May 19, 2014 By Kira Klatchko

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

Second Circuit

Sherman v. Town of Chester, No. 13-1503 (May 16, 2014) (ruling that takings claim against the Town was ripe because seeking a final decision from the Town would be futile and because Town had removed case to federal court).
Morales v. City of New York, No. 13-2126 (May 16, 2014) (affirming dismissal of complaint against City alleging malicious prosecution, abuse of process, deprivation of right to fair trial, and deprivation of constitutional rights on account of race and color).
Disabled in Action v. Bd. of Elections in the City of New York, No. 12-4412 (May 14, 2014) (affirming that City Board of Elections violated Section 504 of the Rehabilitation Act and Title II of the ADA by failing to provide people with mobility or vision disabilities with meaningful access to voting program).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on May 12, 2014 By Kira Klatchko

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

First Circuit

Jones v. City of Boston, No. 12-2280 (May 7, 2014) (in suit challenging police department’s drug-testing program as causing disparate impact based on race, reversing denial of summary judgment for plaintiffs on whether they had proved a prima facie case of disparate impact under Title VII).

Sixth Circuit

City of Pontiac Retired Employees Assoc. v. Schimmel, No. 12-2087 (May 5, 2014) (vacating order denying preliminary injunction and remanding on questions related to whether emergency manager could reduce and eliminate health-care benefits for retired City employees).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on May 4, 2014 By Kira Klatchko

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

First Circuit

Bellone v. Southwick-Tolland Reg. Sch. Dist., No. 13-1341 (May 2, 2014) (affirming grant of summary judgment for school district in case brought by former employee alleging violations of Family and Medical Leave Act).

Second Circuit

Betts v. Shearman, No. 13-619 (May, 2, 2014) (affirming dismissal of complaint alleging false arrest, false imprisonment, abuse of process, malicious prosecution, and denial of right to fair trial).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on April 28, 2014 By Kira Klatchko

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).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on April 21, 2014 By Kira Klatchko

As it happens, I’m not finding any published decisions involving local governments from last week. This is a change from recent weeks — see here and here. Readers: let me know if I’ve missed anything.

[Update: The Sixth Circuit did decide Bradley v. Reno, No. 13-3983 (Apr. 18, 2014). There, a state court found that an officer had probable cause to arrest Bradley, but a jury subsequently acquitted him of the charge. When Bradley later brought a 1983 action against the officer, the question was whether the probable-cause determination precluded Bradley from litigating the probable-cause issue under the doctrine of issue preclusion. The Sixth Circuit ruled that, per Ohio law, Bradley could litigate the question again — because Bradley had no opportunity to appeal the probable-cause ruling.]

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on April 14, 2014 By Kira Klatchko

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

Third Circuit

Thomas v. Cumberland County, No. 12-3959 (Apr. 11, 2014) (in suit alleging that the County failed to properly train officers to prevent attack by other inmates, vacating the district court’s order of summary judgment for the County because a reasonable jury could find that the County acted with deliberate indifference).

Sixth Circuit

Rouster v. Saginaw County, No. 13-1673 (Apr. 9, 2014) (affirming district court decision that medical staff was not deliberately indifferent to jailed individual’s medical needs).

Seventh Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on April 7, 2014 By Kira Klatchko

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

Second Circuit

The Bronx Household of Faith v. Bd. of Educ. of the City of New York, No. 12-2730 (Apr. 3, 2014) (reversing district court’s decision and ruling that school may refuse to allow its facilities to be used for religious worship). See this post from Evan Seeman and Dwight Merriam at the RLUIPA Defense blog.
T.M. v. Cornwall Central School District, No. 12-4301 (Apr. 2, 2014) (finding that district court erred as a matter of law in concluding that the school district was not required under the Individuals with Disabilties Education Act to offer student a mainstream extended school year program simply because it does not offer such a program.).

Fourth Circuit

EEOC v. Baltimore County, No. 13-1106 (Mar. 31, 2014) (finding that county retirement plan unlawfully Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on March 31, 2014 By Kira Klatchko

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

First Circuit

Garayalde-Rijos v. Municipality of Carlinia, No. 13-1487 (Mar. 28, 2014) (finding that district court erred in dismissing firefighter’s suit for sex discrimination and retaliation under Title VII of the Civil Rights Act of 1994).

Fifth Circuit

Cooley v. Housing Authority of the City of Slidell, No. 13-30797 (Mar. 26, 2014) (affirming that Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on March 24, 2014 By Kira Klatchko

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

Third Circuit

Delaware County v. Federal Housing Finance Agency, No. 13-2163 (Mar. 18, 2014) (finding that Freddie Mac and Fannie Mae are exempt from paying real estate transfer taxes). The decision is consistent with recent decisions from the Fourth, Seventh, and Eighth Circuits.

Seventh Circuit

Mulholland v. Marion County Election Bd., No. 13-3027 (Mar. 20, 2014) (finding that federal-court abstention is not appropriate in case challening local election restrictions).

Ninth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on March 17, 2014 By Kira Klatchko

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

First Circuit

Macdonald v. Town of Eastham, No. 13-1779 (Mar. 12, 2014) (finding officers are entitled to qualified immunity because question whether officers may enter home with open door by relying on their community-caretaking function is uncertain).

Second Circuit

C.L. v. Scarsdale Union Free Sch. Dist., No. 12-1610 (Mar. 11, 2014) (finding that when a public school denies a student Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on March 10, 2014 By Kira Klatchko

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

Second Circuit

C.F. v. New York City Department of Education, No. 11-5003 (Mar. 4, 2014) (plaintiffs are entitled to tuition reimbursement under the Individuals with Disabilities Education Act).

Third Circuit

Galarza v. Szalczyk, No. 12-3991 (Mar. 4, 2014) (immigration detainers do not and — under the Tenth Amendment — cannot compel a state or local law enforcement agency to Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on March 3, 2014 By Kira Klatchko

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

Sixth Circuit

Rorrer v. City of Stow, No. 13-3272 (Feb. 26, 2014) (reversing grant of summary judgment to City and against plaintiff, a terminated firefighter with a non-work-related injury, on ADA claim; affirming grant of summary judgment for City on First Amendment and ADA retaliation claims).

Seventh Circuit

Bryant v. City of Chicago, No. 13-1142 (Feb. 28, 2014) (in appeal of dismissal of civil-rights suit as untimely, finding that district court abused its discretion by disregarding plaintiff’s timely discovery request and that court should have equitably tolled the statute of limitations).
Hayden v. Greensburg Comm. Sch. Dist., No. 13-1757 (Feb. 24, 2014) (ruling that policy requiring boys, but not girls, playing basketball to keep their hair cut short constitutes sex discrimination Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on February 24, 2014 By Kira Klatchko

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, Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on February 10, 2014 By Kira Klatchko

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

Second Circuit

Rosu v. City of New York, No. 13-243 (Feb. 7, 2014) (finding that the procedures of the New York City Commission on Human Rights satisfy due process).

Sixth Circuit

Reed v. Franklin County, No. 13-3119 (Feb. 6, 2014) (affirming summary judgment for County and county-jail officers in case alleging that officers used excessive force and violated privacy rights).

Seventh Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on February 5, 2014 By Kira Klatchko

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

First Circuit

Pierce v. Cotuit Fire Department, No. 1301428 (Jan. 28, 2014) (affirming summary judgment against former employee who had claimed, among other things, that he was terminated in retaliation for First-Amendment activity).

Fourth Circuit

Montgomery County v. Federal National Mortgate Association, No. 13-1691 (Jan. 27, 2014) (affirming district court’s decision that general-tax exemptions applicable to Fannie Mae and Freddie Mac cover real-property transfer taxes, and that Congress had authority under the Commerce Clause to adopt the exemption). The Seventh Circuit addressed a related question in December.

Fifth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on January 27, 2014 By Kira Klatchko

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

Second Circuit

McColley v. County of Rensselaer, No. 12-2220 (Jan. 21, 2014) (affirming that whether officer and County were entitled to qualified immunity for alleged Fourth-Amendment violation arising out of search-warrant-application omissions turned on genuine issues of material fact, and concluding therefore that the court lacked subject matter jurisdiction).

Fourth Circuit

Corr v. Metropolitan Washington Airports Authority, No. 13-1076 (Jan. 21, 2014) (finding that tolls paid by drivers on the Dulles Toll Road are user fees not taxes, and that their collection by airport authority does not violate Virginia Constitution and motorists’ due-process rights).

Seventh Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on January 21, 2014 By Kira Klatchko

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

Second Circuit

Evergreen Assocaition, Inc. v. City of New York, No. 11-2735 (Jan. 17, 2014) (affirming in part and reversing in part preliminary injunction barring enforcement of City law requiring disclosures by pregnancy service centers in First-Amendment challenge).

Sixth Circuit

DeLeon v. Kalamazoo County Road Commission, No. 12-2377 (Jan. 14, 2014) (reversing grant of summary judgment for County Road Commission in employment-discrimination case)

(January 13, 2014, through January 17, 2014)

Credit: Image courtesy of Flickr by Tracy Collins (creative common license, no changes made)

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on January 13, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments. They include two unsuccessful due-process challenges — one to speed-camera programs, the other to booking fees:

Second Circuit

Matusick v. Erie County Water Authority, No. 11-1234 (Jan. 6, 2014) (upholding jury’s finding of liability against water authority arising out of “interference with employee’s intimate association” due to alleged verbal and physical harassment).

Fourth Circuit

Snider International Corp. v. Town of Forest Heights, No. 12-2490 (Jan. 7, 2014) (holding that Town did not violate procedural or substantive due process by issuing citations by mail under Town’s speed-camera program).

Seventh Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on January 5, 2014 By Kira Klatchko

Happy New Year to all of our readers.

Last week was a slow one for the courts. The only significant action for local governments came from the Ninth Circuit:

The court granted rehearing en banc in Valenzuela v. Maricopa County, No. 11-16847 (Jan. 2, 2014). The case involves the constitutionality of Arizona’s Proposition 100, which provides that Arizona state courts may not set bail “[f]or serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.” A Ninth-Circuit panel had previously upheld the measure, over a dissent from Judge Fisher.
The court decided Alliance for Property Rights v. City of Idaho Falls, No. 12-35800 (Dec. 31, 2013). The court determined that the City of Idaho Falls, Idaho, may not exercise eminent domain outside of the City’s limits for the purpose of constructing electric-transmission lines.
The court also amended an earlier decision in Wagner v. Maricopa County, No. 10-15501 (Dec. 30, 2013), which concerned the reasonableness of jail officers’ search of a pretrial detainee.

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on December 29, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from December 23, 2013, through December 27, 2013:

Seventh Circuit

Swetlik v. Crawford, No. 12-2675 (Dec. 23, 2013) (affirming grant of summary judgment against police detective who sued City and officers alleging that they violated his First-Amendment rights by voting to file a termination charge against him).
DeKalb County v. Federal Housing Finance Authority, No. 1301558 (Dec. 23, 2013) (holding that Fannie Mae is exempt by statute from real-estate transfer taxes levied by state or local governments).

Ninth Circuit

Patel v. City of Los Angeles, No. 08-56567 (Dec. 24, 2013) (en banc) (finding that City requirement that hotel guest records be made available for police inspection is facially invalid under the Fourth Amendment).

Eleventh Circuit

Franklin v. Gay, No. 13-10129 (Dec. 23, 2013) (finding that officers accused of sexually assaulting detainee were entitled to qualified immunity because Franklin has failed to plead a constitutional violation).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on December 23, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from December 16, 2013, through December 20, 2013:

Sixth Circuit

Hocker v. Pikeville City Police Dep’t, No. 13-5341 (Dec. 17, 2013) (affirming that no constitutional violation occurred in 42 U.S.C. 1983 action based on officers’ alleged use of excessive force).

Seventh Circuit

Fluker v. County of Kankakee, No. 13-2247 (Dec. 20, 2013) (affirming dismissal of suit against County and officers arising out of auto accident that occurred during transport of prisoner, under Prisoner Litigation Reform Act).

Eighth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on December 16, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from December 9, 2013, through December 13, 2013:

Sixth Circuit

Henschel v. Clare County Road Commission, No. 13-1528 (Dec. 13, 2013) (in ADA claim brought by individual not permitted to return to work after accident, reversing grant of summary judgment to road commission because genuine issues of material fact remained about whether individual was qualified).

Seventh Circuit

Jones v. City of Elkhart, No. 12-3912 (Dec. 12, 2013) (affirming grant of summary judgment for City because officers had probable cause for arrest).

Ninth Circuit

Omnipoint Communications Inc. v. City of Huntington Beach, No. 10-56877 (Dec. 11, 2013) (finding that City initiative requiring voter approval for leasing of certain city property not preempted by the Communications Act). See our coverage here.

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on December 9, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from November 25, 2013 through December 6, 2013:

Second Circuit

American Petroleum and Transport v. City of New York, No. 12-4505 (Dec. 6, 2013) (finding that vessel owner may not be awarded damages for economic loss due to negligence in the absence of physical damage to property).

Fourth Circuit

Sandslands C&D LLC v. County of Horry, No. 13-1134 (Dec. 3, 2013) (affirming that County waste-disposal ordinance does not violate Dormant Commerce or Equal Protection clauses). See our coverage here.

Seventh Circuit

Goodpaster v. City of Indianapolis, No. 13-1629 (Nov. 25, 2013) (upholding City smoking ban against constitutional challenge). See our coverage here.

Ninth Circuit

Hagen v. City of Eugene, No. 12-35492 (Dec. 3, 2013) (reversing denial of City’s motion for judgment as a matter of law in 1983 action where officer alleged that City violated his First-Amendment rights by removing him from position in retaliation for airing concerns). See our coverage here.
Hayes v. San Diego County, No. 09-55644 (Dec. 2, 2013) (affirming in part and dismissing in part summary judgment in 1983 action arising out of shooting during domestic disturbance call).