The state-action immunity doctrine may be obscure but that doesn’t stop the Supreme Court for accepting a steady diet of cases involving the issue.
State-action immunity provides states and, in some instances, local governments immunity from federal antitrust liability. In Salt River Project Agricultural Improvement and Power District v. SolarCity the Supreme Court will decide whether a lower court’s refusal to rule state-action immunity applies to a particular entity may be appealed immediately or only after the case is fully litigated.
Continue reading
Archives
Supreme Court Accepts First Amendment Retaliatory Arrest Case
Lozman v. City of Riviera Beach is a double redux. The Supreme Court ruled on this case in 2013 on a maritime issue. The Court agreed to decide the issue this case presents in 2011, but ultimately failed to rule on it then.
What if a police officer arrests someone in retaliation for engaging in speech protected by the First Amendment but the officer also had probable cause to arrest that person for a different, legitimate reason? In Lozman v. City of Riviera Beach the Supreme Court will decide whether that person may sue the police officer for violating his or her First Amendment rights. Continue reading
State and Local Governments Win Excessive Force Police Case
No matter the legal issue, excessive forces cases are difficult for state and local governments to win because they often involve injury or death (in this case of a totally innocent person). To win one unanimously likely says something about the problematic nature of the legal theory.
In County of Los Angeles v. Mendez the Supreme Court rejected the “provocation rule,” where police officers using reasonable force may be liable for violating the Fourth Amendment because they committed a separate Fourth Amendment violation that contributed to their need to use force. The State and Local Legal Center (SLLC) filed an amicus brief asking the Supreme Court to reject the Ninth Circuit’s provocation rule.
Police officers entered the shack Mendez was living in without a warrant and unannounced. Mendez thought the officers were the property owner and picked up the BB gun he used to shoot rats so he could stand up. When the officers saw the gun, they shot him resulting in his leg being amputated below the knee.
The Ninth Circuit concluded that the use of force in this case was reasonable. But it concluded the officers were liable per the provocation rule–the officers brought about the shooting by entering the shack without a warrant. (The Ninth Circuit granted the officers qualified immunity for failing to knock-and-announce themselves.) The Ninth Circuit also concluded that provocation rule aside, the officers were liable for causing the shooting because it was “reasonably foreseeable” that the officers would encounter an armed homeowner when they “barged into the shack unannounced.” Continue reading
Supreme Court to Define Contours of False Arrest Claims
What if a police officer arrests someone because the officer doesn’t believe the person is telling the truth and there is evidence the officer is right?
In District of Columbia v. Wesby the Supreme Court will decide whether, when the owner of a vacant house informs police he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects’ claims of an innocent mental state.
Facts similar to those in this case may not arise very often. But police officers must assess claims of innocence in numerous other instances (theft, assault, even homicide).
Police officers arrested a group of late-night partygoers for trespass. The party-goers gave police conflicting reasons for why they were at the house (birthday party v. bachelor party). Some said “Peaches” invited them to the house; others said they were invited by another guest. Police officers called Peaches who told them she gave the partygoers permission to use the house. But she admitted that she had no permission to use the house herself; she was in the process of renting it. The landlord confirmed by phone that Peaches hadn’t signed a lease. The partygoers were never charged with trespass.
The partygoers sued the police officers for violating their Fourth Amendment right to be free from false arrest. To be guilty of trespass the partygoers had to have entered the house knowing they were doing so “against the will of the lawful occupant or of the person lawfully in charge.” The partygoers claimed they did not know they lacked permission to be in the house.
SCOTUS Takes Qualified Immunity Case Arising out of 9/11 Investigations
The Supreme Court has agreed to decide cases accusing federal government officials at the highest levels of mistreating people investigated for possible terrorist connections after 9/11.
All Supreme Court qualified immunity cases, including Ziglar v. Turkmen, Ashcroft v. Turkmen, and Hasty v. Turkmen, affect state and local governments. These cases raise issues that frequently come up in run-of-the-mill qualified immunity cases, in particular, whether the court defined the “established law” at a high level of generality instead of considering the specific facts of the case when deciding whether to grant or deny qualified immunity.
Mesa v. Hernandez: A Qualified Immunity Quandary
Qualified immunity cases, generally speaking, could not be more straightforward for state and local governments. No matter how bad the facts of the case, one legal analysis is better.
Mesa v. Hernandez provides a qualified immunity quandary. If Agent Mesa wins his qualified immunity claim, other government officials in the future may lose their qualified immunity claims.
Prison Officials Granted Qualified Immunity in Inmate Suicide Case
We didn’t learn much in Taylor v. Barkes. But we could have.
Prison officials asked the Supreme Court to resolve a circuit split over whether supervisors can be liable for constitutional violations caused by their failure to supervise. Instead of requesting and holding oral argument before deciding the case, the Court summarily reversed the lower court in a per curiam (unauthored) opinion. The Court “expess[ed] no view” on the vitality of supervisory liability instead concluding no clearly established constitutional right was implicated in this case.
The Court granted two prison officials qualified immunity related to an inmate’s suicide reasoning that no precedent at the time of the suicide established that an incarcerated person had a right to proper implementation of adequate suicide prevention protocols. So prison officials could not be liable for failing to supervise the contractor providing suicide screening. Continue reading
SCOTUS Didn’t Decide Whether the ADA Applies to Disability Arrests
In a Supreme Court term not light on law enforcement cases City and County of San Francisco v. Sheehan was the most important police case of the term. Alas, we will have to wait for another day for the Supreme Court to decide whether Title II of the Americans with Disabilities Act (ADA) requires police officers to accommodate suspects who are armed, violent, and mentally ill when bringing them into custody. The Court did held that the officers in this case were entitled to qualified immunity. Continue reading
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 Continue reading
Does the ADA Apply to Arrests?
The Fourth Amendment applies to arrests, no question about it. What about the Americans with Disabilities Act (ADA)? Specifically, do individuals with mental illnesses have to be accommodated under the ADA when being arrested? The Ninth Circuit said yes and the Supreme Court has agreed to review its decision in City & County of San Francisco v. Sheehan.
When police officers entered Teresa Sheehan’s room in a group home for persons with mental illness she threatened to kill them with a knife she held, so they retreated. When the officers reentered her room soon after leaving it, Sheehan stepped toward them with her knife raised and continued to hold it after the officers pepper sprayed and ultimately shot her.
Title II of the ADA provides that individuals with a disability must be able to participate in the “services, programs, or activities of a public entity,” and that their disability must be reasonably accommodated.
Sheehan argued that Title II of the ADA applies to arrests and that the officers should have taken her mental illness into account when reentering her room. Her proposed accommodations included: respecting her comfort zone, engaging in non-threatening communications, and using the passage of time to defuse the situation
The Ninth Circuit agreed with Sheehan that Title II of the ADA applies to arrests. Continue reading
Monday Morning Review: Local Governments in the Federal Appellate Courts
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
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
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
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
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
Supreme Court and Local Governments: What Will the Court Accept Next?
While the Supreme Court’s next term officially begins on October 6, its “long conference” is September 29. At this conference the Court will review a backlog of petitions that have been piling up over the summer. SCOTUSblog complies a list of petitions that it thinks have a reasonable chance of being granted. Eight of the petitions the Court will consider either during the “long conference” or at a later conference directly involve or impact local governments.
Public nuisance. A Brighton, Michigan, ordinance presumes that an unsafe structure will be demolished as a public nuisance if the cost of repairing it exceeds its value. The owner has no right to repair the structure. Brighton property owners wanted to repair two unsafe structures even though Brighton estimated it would cost almost double the property value do so. In Bonner v. City of Brighton, Michigan, the property owners claim the ordinance violates substantive and procedural due process.
Employment. Under federal employment law to bring a discrimination claim a plaintiff must prove that an “adverse action” occurred, and to bring a retaliation claim a plaintiff must prove a “materially adverse action” occurred. The question in Kalamazoo County Road Commission v. Deleon is whether either can be proven when an employer grants an employee’s request for a job transfer (and the new position turns out to be less desirable than the old position). The International Municipal Lawyers Association (IMLA) filed an amicus brief in this case. Continue reading
Monday Morning Review: Local Governments in the Federal Appellate Courts
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
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
IMLA Files Amicus Brief in Schultz v. Wescom
On Monday, IMLA filed its brief in Schultz v. Wescom, a petition stage Supreme Court case, which involves a question of whether a municipality/police officer may immediately appeal a decision by a district court to defer the issue of qualified immunity until 
the completion of discovery. The Ninth Circuit held on appeal that there is no appellate jurisdiction of a rule 56(d) deferral for a limited time to conduct discovery as it does not amount to a denial of qualified immunity. The Circuit Courts are split on this question with the Seventh and Ninth Circuits holding that such a decision is not appealable on an interlocutory basis, while the majority of the other Circuit Courts hold that such a decision is immediately appealable.
IMLA’s brief argues that the purpose of qualified immunity is to shield officers from the costs of having to go through the litigation process, particularly costly discovery, and the Ninth and Seventh Circuits’ approach effectively denies police officers in those jurisdictions the benefits of qualified immunity and goes against Supreme Court precedent. To read IMLA’s amicus brief in this case click here.
Image courtesy of Flickr by Ken Lund (creative-commons license, no changes made).
Monday Morning Review: Local Governments in the Federal Appellate Courts
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.
Monday Morning Review: Local Governments in the Federal Appellate Courts
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
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
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
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).
Monday Morning Review: Local Governments in the Federal Appellate Courts
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).
Unqualified Win in Qualified Immunity Cases
On Tuesday the Supreme Court issued two unanimous opinions granting law enforcement officers qualified immunity.
These ruling were unsurprising; the lower court errors in both cases were obvious.
In Plumhoff v. Rickard the Sixth Circuit did not so much as discuss the qualified immunity standard when denying qualified immunity. In Wood v. Moss the Ninth Circuit viewed the qualified immunity question at a high level of generality causing dissenting Judge O’Scannlain to (accurately) warn: “Our court’s track record in deciding qualified immunity cases is far from exemplary, and with this decision, I am concerned that our storied losing streak will continue.”
But at least Plumhoff v. Rickard contained a surprise. Continue reading
Tuesday Morning Review: Local Governments in the Federal Appellate Courts
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).
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).
Monday Morning Review: Local Governments in the Federal Appellate Courts
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
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
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
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 Courts of Appeals
Here’s how local governments fared in the federal courts of appeals during the past week.
Eighth Circuit
- Brian Johnson v. Minneapolis Park, No. 12-2419 (Sept. 11, 2013). Finding that individual seeking to distribute Bibles during festival in public park is likely to prevail in his First Amendment challenge. See our coverage here.
Ninth Circuit
- C.B. v. City of Sonora, No. 11-17454 (Sept. 12, 2013). Remanding for new trial and addressing qualified immunity issue under Fourth Amendment arising out of handcuffing and driving juvenile from school.
- Sylvia Landfill Trust v. City of Los Angeles, No. 11-55904 (Sept. 9, 2013). Upholding the City’s Rent Escrow Account Program against constitutional challenge. See our coverage here.
- Gonzalez v. City of Maywood, No. 11-56594 (Sept. 9, 2013). Vacating attorneys’ fees award and remanding for recomputation in civil rights case.