23 Dec Monday Morning Review: Local Governments in the Federal Appellate Courts
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
- KC Taxi Cab Drivers v. City of Kansas City, No. 13-1343 (Dec. 19, 2013) (affirming that City taxi-cab ordinance is constitutional in suit alleging Equal Protection and Due Process clause violations).
Tenth Circuit
- Graham v. Sheriff of Logan County, No. 12-6302 (Dec. 20, 2013) (finding no Eighth-Amendment violation arising out of prison guards’ sexual intercourse with inmate because inmate consented, and rejecting view of other courts that consent is not defense in this setting).
Eleventh Circuit
- K.A. v. Fulton County School District, No. 12-15483 (Dec. 20, 2013) (rejecting parents’ procedural challenges under Individuals with Disabilities Education Act, and finding that the IDEA bars 42 U.S.C. 1983 actions).