24 Feb Monday Morning Review: Local Governments in the Federal Appellate Courts
Posted in Monday Morning Review
- 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.).
- Stevenson v. City of Seat Pleasant, No. 12-2047 (Feb. 21, 2014) (finding, inter alia, that complaint sufficiently stated a claim for bystander liability under 42 U.S.C. § 1983 against officer).
- Clear Sky Car Wash LLC v. City of Chesapeake, No. 13-1492 (Feb. 21, 2014) (finding that Congress did not create enforceable federal right of action under 42 U.S.C. § 4651 — and that 42 U.S.C. § 1983 cannot supply that right — in case involving City’s “quick take” of car-wash property).
- Rosario v. Retirement Bd. of the Policemen’s Annuity, No. 13-1615 (Feb. 19, 2014) (finding no violation of equal protection or due process arising out of denial of pension credit to officers).
- CTL v. Ashland School District, No. 13-1790 (Feb. 19, 2014) (affirming grant of summary judgment for school district in case alleging disability discrimination based on alleged noncompliance with student’s 504 plan).
- Carter v. City of Milwaukee, No. 13-2187 (Feb. 19, 2014) (affirming that officer was not subject to unconstitutional search or seizure arising out of search by fellow officer).
- Sheehan v. City and County of San Francisco, No. 11-16401 (Feb. 21, 2014) (finding that: (i) triable issues of fact exist about whether officers’ entry of home and use of force violated the Fourth Amendment; (ii) the district court properly found that the City was not liable under Monell v. Dept. of Social Services, 436 U.S. 658 (1978); (iii) Title II of the ADA applies to arrests, and that there is a triable issue about whether officers failed to reasonably accommodate Sheehan’s disability).
(Feb. 17, 2014-Feb.21, 2014).