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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 Be “Doing the Math” in an FLSA Class Action Case

Posted in Case Notes Commentary on June 11, 2015 By Lisa Soronen, Executive Director, SLLC

Tyson Foods v. Bouaphakeo presents a classic legal dilemma: two lines of cases, one older and one newer, neither exactly on point. Which will the Court pick or will it craft a new test?

More pragmatically, local governments will be interested in this case because it involves the Fair Labor Standards Act (FLSA). Given the difficulties of complying with this complex law, no employer is immune from the possibility of FLSA litigation.

One of two questions the Supreme Court will decide in Tyson Foods v. Bouaphakeo is whether a representative sample may be used calculate liability and damages for an entire class of workers. The other question is whether a class may include hundreds of members who weren’t affected. 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 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 →

Supreme Court Long Conference Results Are In!

Posted in Case Notes on October 6, 2014 By Lisa Soronen, Executive Director, SLLC

Last Monday’s Supreme Court “long conference” did not disappoint. The Supreme Court granted a total of 11 petitions. At least four of those cases are relevant to local government.

Housing discrimination. For the third time the Court has accepted a case involving this issue of whether disparate-impact (as opposed to disparate treatment) claims can be brought under the Fair Housing Act (FHA). It remains to be seen if Texas Department of Housing and Community Affairs v. The Inclusive Communities Project will settle like its predecessors, Mt. Holly v. Mt. Holly Citizens in Action and Magner v. Gallagher. The 11 federal circuits that have decided this issue have all held that disparate-impact claims are actionable. The Supreme Court is expected to rule to the contrary. Local government have been sued for disparate impact under the FHA and have sued other entities.

Fourth Amendment search. In its second Fourth Amendment case of the term, Rodriguez v. United States, the Court will decide whether a police officer violates the Fourth Amendment by extending (for just a few minutes) an already-completed traffic stop for a dog sniff. The Eighth Circuit held the search in this case was reasonable. The police officer waited seven or eight minutes after the traffic stop was completed before deploying his sniffer dog because he wanted backup given that there were two people in the stopped car.

Employment discrimination. 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 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 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 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 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 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 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 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 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 →

IMLA Joins State Partners To Address Abstention Issue Before Supreme Court

Posted in IMLA Briefs on September 25, 2013 By Irene Zurko

When is it appropriate for a federal court to decide a case that is pending in state court?

On the Supreme Court’s docket is a case that addresses this very issue, giving the Court the chance to once again ponder the limits of the Younger abstention doctrine.

That case, on appeal from the Eighth Circuit, is Sprint Communs. Co., L.P. v. Jacobs, Case No. 12-815.

At issue is whether Younger abstention applies only when the underlying state proceeding is “coercive” or whether it is sometimes appropriate for federal courts to abstain from hearing cases that are “remedial” in nature. Many cases dealing with Younger abstention have turned on that distinction. But the difference between “coercive” and “remedial” proceedings, and the way courts classify cases as one or the other, is anything but clear-cut. Indeed, the distinction could turn on whether the government or a private party initiated the action, as “coercive” proceedings are typically described as those that are criminal or quasi-criminal in nature.

Continue reading →

Eighth Circuit: Restricting Bible Distribution During Festival Likely Violates First Amendment

Posted in Case Notes on September 16, 2013 By Kira Klatchko

8th Circuit: Park did not adequately justify the need to limit literature distribution

An evangelical Christian, Brian Johnson, sought to distribute Bibles at a gay-pride festival in a public park.

The park board would not allow it.

It had adopted a policy limiting literature distribution to confined areas, due to security concerns and the festival’s size.

Johnson claimed the policy violated the First Amendment, and sought an injunction barring its enforcement. In a 2-1 decision released Wednesday, Johnson v. Minneapolis Park and Recreation Bd., the Eighth Circuit ruled that Johnson would likely prevail on his claim.

Continue reading →

Regulating Illegal Immigration With Local Housing Ordinances

Posted in Case Notes on September 10, 2013 By Kira Klatchko

Local government regulation of immigration through housing ordinances has divided the courts.

Can a local government prohibit the leasing of housing to persons who entered the United States illegally?

Since June, three federal courts of appeals have tackled that difficult question—and reached different results.

The decisions present a range of perspectives on whether local housing ordinances “conflict” with federal law or intrude upon a “field” reserved to the federal government. They highlight the uncertain contours of the preemption doctrine—and demonstrate the risk facing any local government that regulates in this space.

Continue reading →