04 Aug Monday Morning Review: Local Governments in the Federal Appellate Courts
- 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.
- Llovet v. City of Chicago, No. 13-3351 (Aug. 1, 2014): In malicious-prosecution sut alleging officers prepared false police reports against plaintiff, affirming dismissal of suit because mailicious-prosecution suit is permissible only if the state in which plaintiff is prosecuted does not provide an adequate remedy. The court also rules that the Fourth Amendment “does not regulate the length of detentions after a judge or magistrate has determined that there is probably cause to detain a person on a criminal charge.”
- De Boise v. St. Louis County, No. 13-2742 (July 28, 2014): In suit where De Boise died after officers used taser on him multiple times, affirming grant of summary judgment for officers on qualified-immunity grounds and for County on ADA grounds.