Monday Morning Review

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Posted 25 Nov 2013 in Monday Morning Review

Here are published decisions involving local governments from the federal appellate courts from November 18, 2013 through November 22, 2013: First Circuit: Easthampton Savings Bank v. City of Springfield, No. 12-1917 (Nov. 22, 2013) (certifying state-law questions regarding municipal ordinances addressing foreclosures to the Massachusetts Supreme Judicial Court). See our coverage here. Seventh Circuit: Hamilton v. Village of Oak Lawn, No. 12-3174 (Nov. 20, 2013) (affirming dismissal of 1983 challenge based on alleged unlawful detention under Fourth Amendment). ...

Posted 18 Nov 2013 in Monday Morning Review

Here are published decisions involving local governments from the federal appellate courts from November 11, 2013 through November 15, 2013: First Circuit Winslow v. Aroostook County, No. 13-1319 (Nov. 15, 2013) (finding Winslow is not a whistleblower under Maine Whistleblowers' Protection Act). Second Circuit Lynch v. City of New York, No. 12-3089 (Nov. 15, 2013) (affirming summary judgment for NYPD in Fourth-Amendment challenge to City policy requiring breathalyzer test for any officer whose firearm discharge results in death or injury; testing under the policy...

Posted 11 Nov 2013 in Monday Morning Review

Here are published decisions involving local governments from the federal appellate courts from November 4, 2013 through November 8, 2013: Seventh Circuit Brumfield v. City of Chicago, No. 11-2265 (Nov. 6, 2013) (finding that Title II of the Americans with Disabilities Act does not apply to public-employment discrimination claims). See our coverage here. Balthazar v. City of Chicago, No. 12-3378 (Nov. 8, 2013) (affirming dismissal of 1983 action against officers for alleged unreasonable apartment search after mistaken opening of wrong apartment). See our coverage here. ...

Posted 04 Nov 2013 in Monday Morning Review

Here are published decisions involving local governments from the federal appellate courts from October 28, 2013 through November 1, 2013: 6th Circuit Hidden Village, LLC v. City of Lakewood,  No. 12-3543 (Oct. 30, 2013) (finding that claim brought by apartment-complex owner that City and officials waged racially motivated harassment campaign against its tenants may proceed to trial). Burgess v. Fischer, No. 12-4191 (Nov. 1, 2013) (holding that summary judgment for County and officers was only proper for certain of plaintiffs' excessive force, failure to intervene, deliberate...

Posted 28 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Seventh Circuit Perry v. City of Chicago, No. 10-3979 (Oct. 23, 2013) (affirming verdict for City against evidentiary challenges). Lavalais v. Village of Melrose Park, No. 13-1200 (Oct. 23, 2013) (vacating dismissal of race-discrimination claims brought against Village by former Village employee based on denial of transfer from midnight shift). Williams v. City of Chicago, No. 12-3249 (Oct. 24, 2013) (reversing grant of summary judgment for City, finding officers are not...

Posted 21 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Second Circuit Dorsett v. County of Nassau, No. 13-641 (Oct. 18, 2013) (affirming dismissal of First Amendment retaliation claim against County because plaintiff lacked standing to challenge County's delay in acting on settlement agreement) Fifth Circuit Bradberry v. Jefferson County, No. 12-41040 (Oct. 17, 2013) (in challenge under Uniformed Services Employment and Reemployment Rights Act, finding that collateral estoppel did not bar the County from re-litigating facts determined in...

Posted 14 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. First Circuit McCardle v. Town of Dracut, No. 13-1044 (Oct. 9, 2013) (affirming summary judgment against teacher who had brought claims under the Family and Medical Leave Act). Seventh Circuit Jiminez v. City of Chicago, No. 12-2779 (Oct. 7, 2013) (affirming district court's denial of City's motion for a new trial and for judgment as matter of law based on alleged july-selection and evidentiary errors, in case where jury...

Posted 08 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. First Circuit National Association of Tobacco Outlets v. City of Providence, No. 13-1053 (Sept. 30, 2013) (finding that City's tobacco-sales ordinance, designed to reduce youth tobacco use, does not violate First Amendment and is not preempted) Fifth Circuit Marceaux v. Lafayette City-Parish Consolidated Government, No. 13-30332 (Sept. 30, 2013) (finding that district court improperly granted protective order requiring officers suing police department to remove website) Eleventh Circuit Dawkins v. Fulton County Government, No. 12-11951 (Sept. 30,...

Posted 30 Sep 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Fifth Circuit United States v. City of New Orleans, No. 13-30161 (Sept. 27, 2013) (upholding denial of City's motion to vacate consent decree regarding police practices). Sixth Circuit Bessie Jones v. City of Cincinnati, No. 11-4174 (Sept. 27, 2013) (reversing district court's denial of qualified immunity to police officers regarding excessive-force and failure-to-provide-medical-care claims). Tenth Circuit Olson v. City of Golden, No. 11-1454 (Sept. 25, 2013) (dismissing as moot a challenge to City's campaign-finance regulations...

Posted 23 Sep 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Second Circuit Velez v. City of New York, No. 12-1965-cv (Sept. 18, 2013) (in a case where a police informant was killed and his representative brought suit against City, finding that district court properly required jury to find a "special relationship" between informant and police, and that no new trial was required). Carver v. Nassau County Interim Finance Authority, No. 13-0801 (Sept. 20, 2013) (in suit challenging wage freeze for County...