Monday Morning Review: Local Governments in the Federal Appellate Courts

23 Sep Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review

Here are last week’s published decisions involving local governments:

Second Circuit

Chabad Lubavitch of Litchfield County, Inc. v. Litchfield Hist. Dist. Comm’n, No. 12-1057 (Sept. 19, 2014): The court ruled, in Religious Land Use and Instiutionalized Persons Act challege to historic district’s denial of application to modify property for religious use, that district court: (i) erred in finding that rabbi lacked standing; and (ii) applied the wrong standard to determine that the historic district was entitled to summary judgment under RLUIPA.

Sixth Circuit

United Pet Supply, Inc. v. City of Chattanooga, No. 13-5181 (Sept. 18, 2014): The court found that: (i) private animal-welfare employee that contracted with City may not assert qualified immunity; (ii) officers may not assert qualified-immunity defense to “official capacity” suits; (iii) seizure of animals without prior hearing did not violate procedural due process; (iv) revocation of permit without hearing did violate due process; (v) that warrantless animal seizure did not violate Fourth Amendment because of exigent circumstances; and (vi) seizure of records without warrant violated clearly established Fourth-Amendment right and therefore officer was not entitled to qualified immunity.
Finn v. Warren County, No. 13-6629 (Sept. 16, 2014): In action alleging inadequte medical care in violation of the Eighth Amendment and state law claims including negligence after Finn died in his cell, the court reversed grant of summary judgment for officer, remanded for trial on negligence claim, and otherwise affirmed judgment below.

Seventh Circuit

Doe v. Galster, No. 13-2551 (Sept. 19, 2014): In case alleging that school district should be held responsible for bullying of student under Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, the court affirmed summary judgment for the defendants.

Ninth Circuit

The court held, among other things, that school district’s failure to provide educational testing data to parents violated procedural requirements of the Individuals with Disabilities Education Act, and that this failure prevented parents from meaningfully participating in creation of individualized education program.
Dariano v. Morgan Hill Unified Sch. Dist., No. 11-17858 (Sept. 17, 2014): The court denied a request to rehear its earlier decision that the school’s requirement that certain students remove clothing bearing an American flag did not violate students’ First Amendment rights. The court amended its opinion. Judges O’Scannlain, Tallman, and Bea dissented from the denial of rehearing en banc.
Ollier v. Sweetwater Union High Sch. Dist., No. 12-56348 (Sept. 19, 2014): The court affirmed judgment for class-action plaintiffs who had alleged unequal treatment, benefits, and participation opportunities in athletic programs under Title IX of the Education Amendments of 1972.

Eleventh Circuit

Taylor v. City of Gadsden, No. 13-13885 (Sept. 16, 2014): The court affirmed that the City, by raising its employees’ pension contributions to address budgetary shortfall, did not impair the terms of firefighters’ employment contracts.
Berry v. Leslie, No. 13-14092 (Sept. 16, 2014): The court ruled that in Fourth Amendment claim arising out of unannounced, warrantless inspection of barbershop by Sheriff’s office, officers are not entitled to qualified immunity on summary judgment. The court ruled that a criminal raid executed under the guise of an adminsitrative inspection is unreasonable.

(Sept. 15, 2014-Sept. 19, 2014)