Monday Morning Review

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 23 Sep 2014 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

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 16 Sep 2014 in Monday Morning Review

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

Ninth Circuit

Butler v. Nat. Comm. Renaissance of Cal., No. 11-55806 (Sept. 12, 2014): The court affirmed that 1983 action challenging warrantless search of apartment was untimely.

Eleventh Circuit

West v. Davis, No. 13-14805 (Sept. 8, 2014): The court found that district court improperly granted summary judgment for security guard in case in which West challenged the actions of a security guard at courthouse security checkpoint; district court should have applied standard for "seizures" under the Fourth Amendment.

D.C. Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 07 Sep 2014 in Monday Morning Review

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

Sixth Circuit

Scheick v. Tecumseh Pub. Sch., No. 13-1558 (Sept. 2, 2014): In case in which Scheick contends that the school district did not renew his contract in violation of the Age Discrimination in Employment Act, the court reversed summary judgment for the school district . The evidence was sufficient to create a genuine issue of fact.
Krause v. Jones, No. 13-2498 (Sept. 3, 2014): The court affirmed finding of qualified immunity for officers in excessive-force case.
F.H. v. Memphis City Schools, No. 13-6323 (Sept. 4, 2014): The court reversed dismissal of student's 1983 and contractual claims arising out of alleged neglect and abuse; neither settlement agreement nor IDEA barred claims.

Eighth Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 03 Sep 2014 in Monday Morning Review

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

First Circuit

Town of Johnston v. Fed. Housing Finance Agency, No. 13-2034 (Aug. 27, 2014): The court affirmed the dismissal of the municipalities' claim that Fannie Mae and Freddie Mac failed to pay taxes on property transfers; the court found that statutory exemptions from taxation applied. As the court put it: "Six other circuits have recently considered this attempt to shoe-horn a transfer tax into a real property tax, and they have unanimously rejected the argument."

Second Circuit

Holt v. Town of Stonington, No. 12-4878 (Aug. 29, 2014): The court found that plaintiff who challenged Town's restrictions on her ability to build on her property failed to exhaust administrative remedies as required by Connecticut law.

Third Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 27 Aug 2014 in Monday Morning Review

Apologies that this edition is delayed. I was tied up with a significant filing for the past week. The courts were busy too. Here are the last two weeks' published decisions involving local governments:

First Circuit

Penn v. Escorsio, No. 13-2309 (Aug. 22, 2014): The court affirmed the district court's denial of qualified immunity at the summary judgment stage to corrections officers alleged to be deliberately indifferent to risk that detainee could commit suicide. The court found that the issues presented on appeal were purely factual, and the court had no jurisdiction to decide them on interlocutory appeal.

Second Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 11 Aug 2014 in Monday Morning Review

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

Fourth Circuit

Cherry v. Mayor and City Council of Baltimore City, No. 13-1007 (Aug. 6, 2014): In case brought by active and retired Baltimore police officers and fire fighters who participate in City's pension plan, reversing district court's decision that the City had violated the Contract Clause and affirming that the City had not violated the Takings Clause by changing how it calcualtes pension benefits.

Fifth Circuit

Thompson v. Mercer, No. 13-10773 (Aug. 7, 2014): In 1983 action against officer who shot and killed individual who had stolen vehicle and led police on a two-hour, high-speed chase, affirming grant of qualified immunity to officer because use of deadly force was not a constitutional violation.
Sullo & Bobbitt v. Milner, No. 13-10869 (Aug. 6, 2014): In unpublished decision, affirming dismissal of case brought by attorneys claiming First-Amendment right to access misdemeanor court records within one day of their filing.

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 04 Aug 2014 in Monday Morning Review

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

Second Circuit

Cayuga Indian Nation of New York v. Seneca County, No. 12-3723 (July 31, 2014): The Second Circuit affirmed a preliminary injunction preventing the County from using foreclosure proceedings to recover unpaid ad valorem taxes from Cayuga Nation because tribal sovereign immunity bars suit.
Mirabillo v. Reg. Sch. Dist. 16, No. 13-4156 (July 30, 2014): The Second Circuit affirmed that teacher was not entitled to notice and hearing prior to reduction in her position because she was not deprived of any due-process right.

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 28 Jul 2014 in Monday Morning Review

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

[Update: I added the Ninth Circuit's Daubert decision. (7/31)] Second Circuit Carter v. Inc. Vill. of Ocean Beach, No. 13-815 (July 21, 2014): Affirming award of attorney's fees to County defendants in case brought by former police officers alleging wrongful termination and defamation. Cox v. Onondaga Sheriff's Dept., No. 12-1526 (July 23, 2014): Affirming dismissal of complaint alleging Title VII retaliation for racial-harassment claims. Reyes v. New York City Dept. of Ed., No. 13-158 (July 25, 2014): Finding that under IDEA, proposed IEP and school placement failed to provide student with free appropriate public education. Fourth Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 21 Jul 2014 in Monday Morning Review

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

First Circuit Merit Construction Alliance v. City of Quincy, No. 13-2189 (July 16, 2014): The court concluded that the district court: (1) properly determined that ERISA preempts a City ordinance mandating a specific apprentice-training program; and (2) erred by awarding attorney's fees under ERISA's fee-shifting statute. Third Circuit Batchelor v. Rose Tree Media Sch. Dist., No. 13-2192 (July 17, 2014): The court found that retaliation claims related to enforcement under the Indviduals with Disabilities in Education Act must be exhausted before a court may assert subject-matter jurisdiction.

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 16 Jul 2014 in Monday Morning Review

Here are last week's published decisions involving local governments, a couple days late this week:

Second Circuit E.M. v. New York City Dept. of Ed., No. 11-1427 (July 11, 2014) (in IDEA case, concluding that district court improperly concluded that IEP was adequate by relying on retrospective evidence extrinsic to the IEP). Fourth Circuit Lefemine v. Wideman, No. 13-1629 (July 11, 2014) (reversing determination that successful plaintiff in 1983 First-Amendment case was not entitled to attorney's fees).

Monday Morning Review

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