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WOTUS to Stay at SCOTUS

Posted in Case Notes Commentary on April 4, 2017 By Lann McIntyre

The Trump administration asked the Supreme Court to hold “in abeyance” litigation over whether a federal district court or a federal court of appeals has jurisdiction to rule whether the current 2015 Waters of the United States (WOTUS) definitional rule violates the Clean Water Act. On April 2, 2017 the Supreme Court denied the motion, allowing the litigation to proceed.

President Trump’s February 28, 2017 executive order Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule calls for the “rescinding or revising” of the WOTUS rule. Many state and local governments objected to the broad nature of this rule, in particular to the expansive definition of ditches and the ambiguous definition of tributaries. Continue reading →

Sixth Circuit Rules it has Jurisdiction to Decide WOTUS Challenge

Posted in Commentary on March 2, 2016 By Lisa Soronen, Executive Director, SLLC

In a 2-1 decision the Sixth Circuit Court of Appeals ruled that it—rather than a federal district court—has jurisdiction to decide whether the Clean Water Rule, clarifying the scope of the “waters of the United States (WOTUS),” exceeds the Environmental Protection Agency’s (EPA) authority.

In October the Sixth Circuit assumed it had jurisdiction and issued a temporary nationwide stay of the rule. The WOTUS rule defines “waters the United States,” according to the EPA, “through increased use of bright-line boundaries” to make “the process of identifying waters protected under the Clean Water Act easier to understand, more predictable and consistent with the law and peer reviewed science, while protecting the streams and wetlands that form the foundation of our nation’s water resources.”

The Sixth Circuit stayed the rule concluding it was likely that a number of the definitions were at odds with Rapanos v. United States (2006) and the distance limitations in the final rule weren’t a “logical outgrowth” of the proposed rule, in violation of the Administrative Procedures Act. Continue reading →

Supreme Court Will Decide Whether Same-Sex Marriage Bans are Unconstitutional

Posted in Case Notes Commentary on January 20, 2015 By Lisa Soronen, Executive Director, SLLC

On Friday the Supreme Court elevated this term from mostly meat and potatoes to historic by agreeing to hear four same-sex marriage cases. The Court will decide whether it is constitutional for states to prohibit same-sex marriage and whether states may refuse to recognize same-sex marriages lawfully performed out of state.

While the Court refused to hear a number of cases presenting the same issues earlier in the term, these grants came as little surprise. Between then and now the Sixth Circuit ruled that same-sex marriage bans are constitutional, making it the only federal circuit to consider this question and reach that conclusion. The four cases the Court granted came out of each state in the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee).

Currently, same-sex marriages are allowed in 36 states. In some of these states legislatures have passed laws recognizing same-sex marriage, in other states courts have struck down laws disallowing same-sex marriage.

The Court will hear oral argument in these cases at the end of April and will issue a decision by the end of June.

State and local governments, as issuers of marriage licenses and as employers, will be affected by the Court’s decision in these cases. And the legal test that the Court applies to determine the outcome of these cases will have implications for other cases brought by gays and lesbians.

SCOTUSblog editor Tom Goldstein predicts that the Court will rule that same-sex marriage bans are unconstitutional. In his opinion, just a few years ago, the Court may have only had one Justice willing to rule this way. What has changed? He suggests the following: “The challenge to Proposition 8 [California’s same-sex marriage ban] . . . required that measure’s defenders to put forward actual evidence in court to justify the claim that same-sex marriage was somehow harmful. The fact that they so publicly failed to do so was, to my mind, the most significant development in this movement.”

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Fourth Circuit

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

Fifth Circuit

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

Sixth Circuit

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

Eighth Circuit

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

Ninth Circuit

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

Tenth Circuit

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

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

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

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

Catching up on recent published decisions involving local governments:

First Circuit

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

Second Circuit

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

Fourth Circuit

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

Fifth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

First Circuit

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

Third Circuit

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

Sixth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Fourth Circuit

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

Sixth Circuit

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

Supreme Court Review of Same-Sex Marriage (Almost) Inevitable

Posted in Case Notes Commentary on November 17, 2014 By Lisa Soronen, Executive Director, SLLC

Even though there was no disagreements among the federal circuit courts of appeals at the time, Court watchers were shocked with the Supreme Court denied certiorari in a series of cases striking down same-sex marriage bans. All eyes then turned to the Ninth and Sixth Circuits who had pending cases. The next day the Ninth Circuit struck down Nevada’s and Idaho’s ban. On November 6 the Sixth Circuit became the first federal circuit court to uphold bans in four states (Michigan, Tennessee, Ohio, and Kentucky).

In 12 bullet points Lyle Denniston of SCOTUSblog summarizes the Sixth Circuit’s majority opinion. Judge Sutton eloquently explains why he parted company with his colleagues who decided the other cases: “When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers. Better, in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way.”

While the Supreme Court doesn’t resolve every circuit split immediately, given the significance of this issue it would be shocking if the Court didn’t resolve it shortly. As Lyle Denniston describes on SCOTUSblog this does not necessarily mean that the Court will hear the Sixth Circuit’s case—the Ninth Circuit ruling could also be appealed or the Court could grant review in a case pending, not yet decided, from another circuit.

But the mostly likely outcome (now that we know none of the plaintiffs will ask all of the Sixth Circuit judges to rehear the case) is that the Court will accept the Sixth Circuit case for review.

So maybe the only question is will the Court hear the case this term or next? One petition has already been filed. If all petitions and responses are ready for the Justices by their January 9 conference this case will be heard and decided by the end of June.

(Photo courtesy of Flickr by Stefan Ogrisek, creative-commons license, no changes made).

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Second Circuit

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

Sixth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Third Circuit

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

Fourth Circuit

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

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Sixth Circuit

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

Seventh Circuit

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

Ninth Circuit Continue reading →

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 September 23, 2014 By Kira Klatchko

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

Second Circuit

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

Sixth Circuit

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

Seventh Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 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 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 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 →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

First Circuit

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

Sixth Circuit

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

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

First Circuit

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

Second Circuit

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

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Second Circuit

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

Sixth Circuit

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

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

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

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Sixth Circuit

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

Seventh Circuit

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

Eighth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Sixth Circuit

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

Seventh Circuit

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

Ninth Circuit

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

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on 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 September 30, 2013 By Kira Klatchko

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

Fifth Circuit

United States v. City of New Orleans, No. 13-30161 (Sept. 27, 2013) (upholding denial of City’s motion to vacate consent decree regarding police practices).

Sixth Circuit

Bessie Jones v. City of Cincinnati, No. 11-4174 (Sept. 27, 2013) (reversing district court’s denial of qualified immunity to police officers regarding excessive-force and failure-to-provide-medical-care claims).

Tenth Circuit

Olson v. City of Golden, No. 11-1454 (Sept. 25, 2013) (dismissing as moot a challenge to City’s campaign-finance regulations after the City had amended the regulations, and affirming district court’s denial of other claims against the City).

Eleventh Circuit

Carter v. City of Melbourne, No. 12-15337 (Sept. 23, 2013) (finding City not liable for unlawful termination of former officer because decisions were not made by a “final policymaker” for the City, and rejecting other claims, including that officer was terminated for his First Amendment activities).

Regulating Adult-Oriented Businesses: Demonstrating Your Regulations Are Effective.

Posted in Case Notes on August 19, 2013 By Kira Klatchko

Build a record to justify your regulations, but resist claims that the evidence has to be beyond dispute.

Crime. Disease. Decreased property values.

Adult-oriented businesses are disrupting your community.

But you have a plan.

You have fashioned a licensing scheme that prohibits nudity and the sale of alcohol at these establishments.

You know that courts have allowed zoning regulations that address the “secondary effects” of these businesses. You also know that regulating these businesses can violate the First Amendment.

But how closely will a court examine whether your regulations effectively eliminate these adverse effects?

Continue reading →