27 Jan Monday Morning Review: Local Governments in the Federal Appellate Courts
Here are last week’s published decisions involving local governments:
Second Circuit
- McColley v. County of Rensselaer, No. 12-2220 (Jan. 21, 2014) (affirming that whether officer and County were entitled to qualified immunity for alleged Fourth-Amendment violation arising out of search-warrant-application omissions turned on genuine issues of material fact, and concluding therefore that the court lacked subject matter jurisdiction).
Fourth Circuit
- Corr v. Metropolitan Washington Airports Authority, No. 13-1076 (Jan. 21, 2014) (finding that tolls paid by drivers on the Dulles Toll Road are user fees not taxes, and that their collection by airport authority does not violate Virginia Constitution and motorists’ due-process rights).
Seventh Circuit
- Annex Books, Inc. v. City of Indianapolis, No. 13-1500 (Jan. 24, 2014) (finding City ordinance requiring adult bookstores to remain closed between midnight and 10am and on Sunday violates the First Amendment). See our coverage here.
D.C. Circuit
- Town of Barnstable v. FAA, No. 12-1362 (Jan. 22, 2014) (denying petition for review brought by Town alleging that FAA did not adequately consider safety risks of offshore wind farm or adequately perform environmental review under National Environmental Policy Act).
(January 20, 2014, through January 24, 2014)
Image courtesy of Flickr by Phil Roeder (creative-commons license, no changes made)