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Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 24 Nov 2014 in Monday Morning Review

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

First Circuit

Watchtower Bible and Tract Soc. of New York v. Mun. of San Juan, No. 13-1605 (Nov. 20, 2014): The court upheld injunction against municipalities that had issued permits for gated communties in Puerto Rico that did not provide access to public streets for First-Amendment activities.

Third Circuit

Dougherty v. Sch. Dist. of Philadelphia, No. 13-3868 (Nov. 21, 2014): The court affirmed denial of motion for summary judgment on qualified immunity grounds in case presenting First-Amendment retaliation claim.

Sixth Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 17 Nov 2014 in Monday Morning Review

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

Fourth Circuit

West v. Murphy, No. 13-2014 (Nov. 14, 2014): The court affirmed that defendants were entitled to qualified immunity in 1983 action challenging strip searches of arrestees on Fourth-Amendment grounds.

Sixth Circuit

Williams v. City of Cleveland, No. 13-4162 (Nov. 10, 2014): The court ruled that plaintiff stated a plausible Fourth-Amendment claim when it alleges that jail required detainees to undress in presence of other detainees and sprayed their naked genitals with delousing solution.
Misewicz v. City of Memphis, No. 14-5053 (Nov. 14, 2014): The court affirmed grant of summary judgment for City in challenge under Fair Labor Standards Act regarding overtime pay.
S.L. v. Pierce Twp. Bd. of Trustees, No. 13-3892 (Nov. 17, 2014): The court affirmed summary judgment orders for defendants in case arising out of arrest of juvenile.

Supreme Court Review of Same-Sex Marriage (Almost) Inevitable

Posted 17 Nov 2014 in Case Notes, Commentary

Even though there was no disagreements among the federal circuit courts of appeals at the time, Court watchers were shocked with the Supreme Court denied certiorari in a series of cases striking down same-sex marriage bans. All eyes then turned to the Ninth and Sixth Circuits who had pending cases. The next day the Ninth Circuit struck down Nevada’s and Idaho’s ban. On November 6 the Sixth Circuit became the first federal circuit court to uphold bans in four states...

Supreme Court Accepts Obamacare Case

Posted 17 Nov 2014 in Case Notes, Commentary

Last Friday the Supreme Court’s docket went from boring to big with the grant of just one case: King v. Burwell. The issue in this case is whether tax credits for low and middle income health insurance purchasers are available under the Affordable Care Act (ACA) if insurance is purchased on a federal exchange rather than a state exchange. Only 16 states and the District of Columbia have established exchanges. The ACA makes tax credits available to those who buy health...

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 10 Nov 2014 in Monday Morning Review

Here are the last two weeks' published decisions involving local governments:

Second Circuit

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.

Sixth Circuit

Hotels in the Hot Seat: Supreme Court Accepts Hotel Registry Case

Posted 03 Nov 2014 in Case Notes

Cities and states from California to Maine have confronted the problem of hotels that are crime magnets.

One solution that some evidence suggests effectively deters crime is ordinances or state laws that require hotels to keep detailed information about guests that are subject to police inspection. These ordinances and laws generally do not require police to obtain a warrant. In Los Angeles v. Patel a Los Angeles ordinance requires hotel and motel operators to keep specific information about their guests and allows police to inspect the registries without warrants. Motel operators claim this ordinance is facially invalid under the Fourth Amendment. The first issue the Supreme Court will decide in this case is whether facial challenges to ordinances and statutes are permitted under the Fourth Amendment.

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 28 Oct 2014 in Monday Morning Review

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

Third Circuit

Thorpe v. Borough ofJim Thorpe, No. 13-2446 (Oct. 23, 2014): The court reversed district court's conclusion that Native American Graves Protection and Repatriation Act requires the Borough to disinter Jim Thorpe. In the court's view, "Congress could not have intended th[is] kind of patently absurd result."

Fourth Circuit

Davis v. City of Greensboro, No. 13-1820 (Oct. 22, 2014): In suit brought by police officers and firefighters claiming that the City failed to pay certain wages and benefits, the court affirmed district court's denial of the City's motion to dismiss because governmental immunity does not protect the City from breach of contract and estoppel claims.

Federal Agency Notice-And-Comment: Supreme Court To Decide When It Is Required

Posted 20 Oct 2014 in Commentary

Interpretive and substantive rules. What is the difference?

Under the Administrative Procedures Act (APA) substantive regulations interpret statutes and federal agencies adopt them only after notice-and-comment. Interpretive rules and are promulgated without-notice and-comment. But what if an agency changes an interpretive rule; should it first seek notice and comment? The Supreme Court will decide this issue in Perez v. Mortgage Bankers Association. The State and Local Legal Center (SLLC) argues yes in its amicus brief, which agrees with the lower court that significant changes to an interpretation of a regulation amounts to effectively changing the regulation, which requires notice-and-comment. Local governments frequently have been surprised by interpretive rules that have changed regulations. IMLA joined the SLLC’s brief.

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 20 Oct 2014 in Monday Morning Review

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

Sixth Circuit

Cass v. City of Dayton, No. 13-4409 (Oct. 16, 2014): In 1983 action alleging that officer used excessive force in violation of the Fourth Amendment, the court affirmed summary judgment for defendants because officer's conduct was objectively reasonable and did not violate Fourth Amendment.

Seventh Circuit

Swisher v. Porter County Sheriff's Dept., No. 13-3602 (Oct. 15, 2014): The court reversed the judgment for defendants because Plaintiff, who brought 1983 action alleging he was denied proper medical care while he was a pretrial detainee, had no duty to exhaust administrative remedies at the jail because jail's grievance procedure was not clear.

Ninth Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 13 Oct 2014 in Monday Morning Review

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

First Circuit

Showtime Entn't v. Town of Mendon, No. 12-2121 (Oct. 8, 2014): The Town's adult-business-entertainment bylaws unconstitutionally infringe on Showtime's right to engage in a protected expressive activity; the regulations' underinclusiveness indicates that Town does not have substantial interest in regulating adult businesses to curb secondary effects.

Seventh Circuit

Matz v. Klotka, No. 12-1674 (Oct. 6, 2014): In 1983 action alleging Fourth-Amendment violation arising out of arrest, the court affirmed the grant of summary judgment for officers on qualified-immunity grounds.

Ninth Circuit

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