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Supreme Court Accepts Two Car Search Cases

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

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

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

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

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 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 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 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 →

Third Circuit: Establishment-Clause Challenge To Existing Display Not Time-Barred

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

Bible Baptist Church Welcomes You! 1 Block –>

So reads the sign—decorated with a gold cross and white Bible—that the Borough of Shickshinny, Pennsylvania, allowed to be placed on its right-of-way.

A nearby resident, Francene Tearpock-Martini, objected. She sued the Borough under 42 U.S.C. § 1983, alleging that the sign violates the Establishment Clause.

Tearpock-Martini’s lawsuit had a problem though.

Tearpock-Martini had commenced the suit more than two years after the church sign was installed. Under Pennsylvania law, tort actions generally must be brought within two years. And 1983 actions often borrow the statute of limitations from state law.

Is her suit time-barred? In a decision this week, the Third Circuit said that it is not: 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 May 19, 2014 By Kira Klatchko

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

Second Circuit

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

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

First Circuit

Green Mountain Realty Corp. v. Leonard, No. 13-2163 (Apr. 23, 2014) (finding that district court improperly granted summary judgment to Town on cell phone provider’s claim that Town “prohibited” it from providing service under 47 U.S.C. 332(c)(7) of the Communications Act).

Third Circuit

Hallsey v. Pheiffer, No. 13-1549 (Apr. 24, 2014) (reversing district court’s summary judgment for officers on fabrication, malicious prosecution, and coercion claims, in case arising out of suit brought by individual wrongly imprisoned for 22 years).

Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Third Circuit

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

Sixth Circuit

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

Seventh Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

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

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

Second Circuit

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

Third Circuit

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

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on 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 →

Third Circuit: Authorities must obtain warrant to put GPS device on car

Posted in Roundup on October 25, 2013 By Kira Klatchko

The Third Circuit decided this week that installing a GPS device on a car requires police to obtain a search warrant. The case, United States v. Katzin, builds upon the Supreme Court’s decision in United States v. Jones, which held that placing a GPS device on a car is a “search” for Fourth Amendment purposes. Katzin addresses when that search is reasonable. The court considered various exceptions to the warrant requirement in other contexts, but concluded that none applies here. The court recognized that it was the first circuit to address this issue.

See coverage from Lyle Denniston and Orin Kerr.

Regulating Illegal Immigration With Local Housing Ordinances

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

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

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

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

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

Continue reading →