10 Nov Monday Morning Review: Local Governments in the Federal Appellate Courts
Posted in Monday Morning Review
- 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.
- Johnson v. City of Memphis, No. 13-5452 (Oct. 27, 2014): The court affirmed in part and reversed in part decision in case challenging City’s police promotional processes.
- Winston v. O’Brien, No. 13-3553 (Nov. 7, 2014): The court reversed the determination that the City was responsible to indemnify its officer for attorney’s fees he owed in excessive-force case.
- McDonald v. Wise, No. 13-1211 (Oct. 28, 2014): The court found that terminated City employee pled sufficient facts to support a reasonable inference that he was deprived of a liberty interest in his good name and reputation without due process. The court also found that the district court erred when it held that McDonald failed to state a viable claim for defamation.
- Walker v. Jefferson County Bd. of Ed., No. 13-14182 (Nov. 4, 2014): The court affirmed that school boards in Alabama are not arms of the state and therefore are not entitled to Eleventh-Amendment immunity.