23 Jun Monday Morning Review: Local Governments in the Federal Appellate Courts
Here are last week’s published decisions involving local governments:
First Circuit
- Thayer v. City of Worcester, No. 13-2355 (June 19, 2014) (affirming denial of preliminary injunction against enforcement of city ordinances prohibiting coercive or risky behavior by panhandlers).
Second Circuit
- Castine v. Zurlo, No. 13-1834 (June 23, 2014) (in Castine’s challenge arising out of her temporary removal from office of County Election Commissioner during her candidacy for Town Justice, affirming grant of summary judgment for County on First-Amendment retaliation claim, and vacating and remanding state-law claim).
Fifth Circuit
- Davoodi v. Austin Ind. Sch. Dist., No. 13-50824 (June 16, 2014) (in suit brought by former school-district employee, finding that district court erred by dismissing lawsuit without giving notice to plaintiff).
Seventh Circuit
- Nichols v. Michigan City Plant Planning Dept., No. 13-2893 (June 19, 2014) (in suit alleging Title VII violations against Plaintiff’s employer, affirming summary judgment for Michigan City).
- Montanez v. Simon, No. 13-1692 (June 18, 2014) (in case where Plaintiff had earlier won small jury verdict against City for excessive-force claim against police officers, affirming district court’s determination of attorney’s fees).
- Gibbs v. Lomas, No. 13-3121 (June 17, 2014) (finding that district court should have granted police officer’s motion for summary judgment in suit alleging arrest and search had violated Fourth Amendment because any right was not clearly established).
Ninth Circuit
- Desertrain v. City of Los Angeles, No. 11-56957 (June 19, 2014) (finding City ordinance that criminalized using vehicle as living quarters is unconstitutionally vague). See our coverage here.
Eleventh Circuit
- Hillcrest Property, LLC v. Pasco County, No. 13-12383 (June 18, 2014) (finding that in facial substantive due process challenge to ordinance, claim accrued when the County adopted the ordinance; claim is now time-barred).
(6/16/2014-6/20/2014)
Image courtesy of Flickr by Tim Evanson (creative-commons license, no changes made).