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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 →

Seventh Circuit Holds Employees May Bring Sexual Orientation Employment Discrimination Claims

Posted in Case Notes Commentary on April 5, 2017 By Lann McIntyre

The Seventh Circuit has become the first federal circuit court of appeals to rule that employees may bring sexual orientation discrimination claims under Title VII. This case directly affects state and local governments in their capacity as employers in Indiana, Illinois, and Wisconsin.

Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate on the basis of a person’s “race, color, religion, sex, or national origin.”

Kimberly Hively is openly lesbian. She sued Ivy Tech Community College where she taught as a part-time, adjunct professor. She applied for at least six full-time positions between 2009 and 2014, didn’t receive any of them, and in July 2014, her part-time contract was not renewed. She believes her sexual orientation is the reason.

The Seventh Circuit had long held that sexual orientation discrimination claims weren’t cognizable under Title VII. The court decided to revisit this conclusion “in light of developments at the Supreme Court extending over two decades.” These decisions include Obergefell v. Hodges (2015), which granted same-sex couples a constitutional right to marry. 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 →

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 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 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 →

What’s Next for Same-Sex Marriage?

Posted in Commentary on October 9, 2014 By Lisa Soronen, Executive Director, SLLC

For the six reasons Lyle Denniston describes on SCOTUSblog, the Supreme Court’s announcement on Monday that it would not hear any of the seven petitions striking down same-sex marriage bans was stunning. Even though there was no circuit split, conventional wisdom indicated the Court would decide the issue because of its importance and because both sides asked the Court for review.

Amy Howe also of SCOTUSblog and Scott Michelman writing on SCOTUSblog speculate as to the why the Court’s liberals and conservatives may have decided not to get involved in the issue now. In short, the liberals had nothing to lose by waiting, and both side face uncertainty about Justice Kennedy’s position on the issue.

To understand where were are today with same-sex marriage a timetable is helpful.

On Sunday, 19 states recognized same-sex marriage.
On Monday, 11 more states were added from the Fourth (Virginia, West Virginia, North Carolina, and South Carolina) Seventh (Wisconsin and Indiana) and Tenth Circuits (Utah, Oklahoma, Colorado, Kansas, and Wyoming).
On Tuesday 5 more states were added when the Ninth Circuit (Idaho, Nevada, Alaska, Arizona, and Montana) struck down the Idaho and Nevada same-sex marriage bans. (Implementation of this decision is still being worked out).

Technically, 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 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 →

IMLA Files Amicus Brief in Schultz v. Wescom

Posted in IMLA Briefs on August 20, 2014 By Kira Klatchko

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

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 →

Utility Air Regulatory Group v. EPA: One Less Thing for Cities To Worry About

Posted in Case Notes on June 24, 2014 By Lisa Soronen, Executive Director, SLLC

Had Utility Air Regulatory Group v. EPA gone the other way, it would be a big deal for cities. But it didn’t. Cities own many small stationary sources that emit greenhouse gases and will benefit from not having to obtain permits for them.

The Clean Air Act regulates pollution-generating emissions from stationary source (factories, power plants, etc.) and moving sources (cars, trucks, planes, etc.). In 2007 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 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 →

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 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 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 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 Uncategorized on February 17, 2014 By Kira Klatchko

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

Seventh Circuit

Wilson v. Cook County, No. 13-1464 (Feb. 10, 2014) (affirming summary judgment for County on equal-protection, due-process, and Title VII claims arising out of alleged sexual-harassment in the workplace).

Ninth Circuit

Retired Employees Association of Orange County, Inc. v. County of Orange, No. 12-56706 (Feb. 13, 2014) (affirming 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 →

Seventh Circuit: City May Not Close Adult Bookstores

Posted in Case Notes on January 27, 2014 By Kira Klatchko

May a city require adult bookstores but not other establishments to close between midnight and 10am every night and all day Sunday?

In Annex Books v. City of Indianapolis, No. 13-1500 (Jan. 24, 2014), the Seventh Circuit said no. It struck down the City of Indianapolis’s requirement, which a district court had previously upheld. Although the City claimed that the restriction would lead to fewer armed robberies at or near the bookstores, the court held that “cities must protect readers from robbers rather than reduce risks by closing bookstores.” In the court’s view, “[t]hat the City’s regulation takes the form of closure is the nub of the problem.”

First, the court found that the evidence supporting the City’s justification is “weak as a statistical matter”: the data “do not show that robberies are more likely at adult bookstores than at other late-night retail outlets.”

Second, the court noted that although 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 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 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 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).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on November 25, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from November 18, 2013 through November 22, 2013:

First Circuit:

Easthampton Savings Bank v. City of Springfield, No. 12-1917 (Nov. 22, 2013) (certifying state-law questions regarding municipal ordinances addressing foreclosures to the Massachusetts Supreme Judicial Court). See our coverage here.

Seventh Circuit:

Hamilton v. Village of Oak Lawn, No. 12-3174 (Nov. 20, 2013) (affirming dismissal of 1983 challenge based on alleged unlawful detention under Fourth Amendment).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on November 18, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from November 11, 2013 through November 15, 2013:

First Circuit

Winslow v. Aroostook County, No. 13-1319 (Nov. 15, 2013) (finding Winslow is not a whistleblower under Maine Whistleblowers’ Protection Act).

Second Circuit

Lynch v. City of New York, No. 12-3089 (Nov. 15, 2013) (affirming summary judgment for NYPD in Fourth-Amendment challenge to City policy requiring breathalyzer test for any officer whose firearm discharge results in death or injury; testing under the policy is a reasonable “special needs” search).

Seventh Circuit

Union County v. MERSCORP, Inc., No. 13-1443 (Nov. 14, 2013) (in class action initiated by counties, determining that mortgages need not be recorded under Illinois statute).

D.C. Circuit

Johnson v. Muhammed, No. 11-5115 (Nov. 15, 2013) (affirming grant of summary judgment to D.C. government because it had no authority to prevent strip searches where officer was a federal official acting under color of federal law).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on November 11, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from November 4, 2013 through November 8, 2013:

Seventh Circuit

Brumfield v. City of Chicago, No. 11-2265 (Nov. 6, 2013) (finding that Title II of the Americans with Disabilities Act does not apply to public-employment discrimination claims). See our coverage here.
Balthazar v. City of Chicago, No. 12-3378 (Nov. 8, 2013) (affirming dismissal of 1983 action against officers for alleged unreasonable apartment search after mistaken opening of wrong apartment). See our coverage here.

Seventh Circuit: Glance After Officers Open Wrong Apartment Door Not “Search”

Posted in Case Notes on November 11, 2013 By Kira Klatchko

In Balthazar v. City of Chicago, No. 12-3378 (Nov. 8, 2013), the Seventh Circuit addressed an interesting Fourth-Amendment question: is it a “search” for officers to mistakenly open the wrong apartment door and glance inside? Judge Posner said that in this case, it likely was not:

Police forced open the door of a residence by mistake, realized their mistake immediately (in fact before the door opened—for remember that Beckman tried to check the forward motion of the battering ram), and left immediately. With the door open in front of him he couldn’t have avoided seeing into the apartment without closing his eyes (which would have been dangerous). But having learned before looking that it was the wrong apartment, he wasn’t using his eyes to search for anything. Seeing can be searching, but isn’t always. Even before the door fell open, Beckman knew there was nothing to search for in the plaintiff’s apartment. . . . If you know you’re in the wrong place—a place you’re not authorized to search or want to search—the unavoidable glance through the open door is not a search.

Seventh Circuit: Title II of Americans with Disabilities Act Does Not Reach Employment Discrimination

Posted in Case Notes on November 6, 2013 By Kira Klatchko

Does Title II of the Americans with Disabilities Act apply to employment-related discrimination claims, even though Title I of the Act specifically addresses such claims?

Answering this “question of first impression” in the circuit, in Brumfield v. City of Chicago, No. 11-2265 (Nov. 6, 2013), the Seventh Circuit today joined the Ninth and Tenth Circuits in concluding that Title II does not extend to employment-discrimination claims. Such claims must be brought under Title I.

The court determined that because, read in context, Title II unambiguously does not reach employment-discrimination claims, the court need not defer to the Attorney General’s rule to the contrary. The court acknowledged that the Eleventh Circuit has reached the opposite conclusion, but the court found that circuit’s analysis unpersuasive.

Seventh Circuit: RLUIPA Does Not Mandate That County Allow Camp in Residential Area

Posted in Case Notes on November 4, 2013 By Kira Klatchko

Eagle Cove believed that its religion required it to hold its Bible camp in only one place: on its lake-side property in Oneida County, Wisconsin. But the County had zoned the property for residential use only.

When Eagle Cove asked the County to re-zone the property, the County refused.

When Eagle Cove asked for a conditional use permit so that it could hold the Bible camp anyway, the County denied that too.

Did the County’s denials violate the Religious Land Use and Institutionalized Persons Act? In Eagle Cove Camp & Conference Center v. Town of Woodboro, No. 13-1274 (Oct. 30, 2013), the Seventh Circuit said “no.” It affirmed the grant of summary judgment for the County and for the Town of Woodboro.

No Total Exclusion

One provision of RLUIPA provides that Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on November 4, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from October 28, 2013 through November 1, 2013:

6th Circuit

Hidden Village, LLC v. City of Lakewood, No. 12-3543 (Oct. 30, 2013) (finding that claim brought by apartment-complex owner that City and officials waged racially motivated harassment campaign against its tenants may proceed to trial).
Burgess v. Fischer, No. 12-4191 (Nov. 1, 2013) (holding that summary judgment for County and officers was only proper for certain of plaintiffs’ excessive force, failure to intervene, deliberate indifference, and municipal liability claims under 42 U.S.C. 1983).

7th Circuit

Eagle Cove Camp & Conference Inc. v. Town of Woodboro (Oct. 30, 2013) (affirming grant of summary judgment for Town in Religious Land Use and Institutionalized Persons Act claim that Town’s land-use regulations prohibited plaintiffs from running year-round Bible camp on residentially zoned property). See our coverage here.

9th Circuit

Armstrong v. Asselin, No. 10-35777 (Nov. 1, 2013) (determining that officers were entitled to qualified immunity for search arising out of officers’ review of allegedly indecent magazine).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on October 28, 2013 By Kira Klatchko

Here’s how local governments fared in the federal courts of appeals during the past week.

Seventh Circuit

Perry v. City of Chicago, No. 10-3979 (Oct. 23, 2013) (affirming verdict for City against evidentiary challenges).
Lavalais v. Village of Melrose Park, No. 13-1200 (Oct. 23, 2013) (vacating dismissal of race-discrimination claims brought against Village by former Village employee based on denial of transfer from midnight shift).
Williams v. City of Chicago, No. 12-3249 (Oct. 24, 2013) (reversing grant of summary judgment for City, finding officers are not entitled to qualified immunity on summary judgment, and remanding for trial on false arrest and malicious prosecution claims).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on October 21, 2013 By Kira Klatchko

Here’s how local governments fared in the federal courts of appeals during the past week.

Second Circuit

Dorsett v. County of Nassau, No. 13-641 (Oct. 18, 2013) (affirming dismissal of First Amendment retaliation claim against County because plaintiff lacked standing to challenge County’s delay in acting on settlement agreement)

Fifth Circuit

Bradberry v. Jefferson County, No. 12-41040 (Oct. 17, 2013) (in challenge under Uniformed Services Employment and Reemployment Rights Act, finding that collateral estoppel did not bar the County from re-litigating facts determined in state administrative proceeding)

Seventh Circuit

Oneida Tribe of Indians of Wisconsin v. Village of Hobart, No. 12-3419 (Oct. 18, 2013) (holding that Village could not enforce ordinance assessing stormwater management charges on Indian lands)

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on October 14, 2013 By Kira Klatchko

Here’s how local governments fared in the federal courts of appeals during the past week.

First Circuit

McCardle v. Town of Dracut, No. 13-1044 (Oct. 9, 2013) (affirming summary judgment against teacher who had brought claims under the Family and Medical Leave Act).

Seventh Circuit

Jiminez v. City of Chicago, No. 12-2779 (Oct. 7, 2013) (affirming district court’s denial of City’s motion for a new trial and for judgment as matter of law based on alleged july-selection and evidentiary errors, in case where jury had awarded Jiminez $25 million in compensatory damages).