1983 Tag

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Posted 20 Oct 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:court collumn 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

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:court collumn 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

Posted 24 Feb 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:NinthCircuit Third Circuit
  • M.R. v. Ridley School District, No. 12-4137 (Feb. 20, 2014) (finding under Individuals with Disabilities in Education Act that for "stay put" period: (1) school district must reimburse parents for private-school costs even if parents do not file a claim for payment until after a court has ruled for the school; and (2) the parents' right to interim funding extends through the time of judicial appeal.).
Fourth Circuit

Posted 17 Feb 2014 in Uncategorized
Here are last week's published decisions involving local governments: Seventh Circuit Ninth Circuit

Posted 13 Jan 2014 in Monday Morning Review
Here are last week's published decisions involving local governments. They include two unsuccessful due-process challenges -- one to speed-camera programs, the other to booking fees:Gavel Second Circuit Fourth Circuit Seventh Circuit

Posted 23 Dec 2013 in Monday Morning Review
Here are published decisions involving local governments from the federal appellate courts from December 16, 2013, through December 20, 2013: Sixth Circuit Seventh Circuit Eighth Circuit

Posted 05 Dec 2013 in Case Notes
If a public employee reports departmental-safety concerns to his supervisor, and the employee is removed from duty for raising those concerns, does the employee have a viable First Amendment retaliation claim?Policecar In Hagen v. City of Eugene, No. 12-35492 (Dec. 3, 2013), the Ninth Circuit ruled that a public employee did not have a viable First Amendment claim under the particular circumstances there. The court ruled that, viewing all the evidence in the light most favorable to the employee, he was speaking as a public employee, not a private citizen. The case involved a City police officer, Brian Hagen, who noticed that members of his SWAT team were often firing their weapons accidentally and negigently. Hagen tried to make his concerns about the team "as public as possible" by sending e-mails and raising the issue  in meetings. Eventually, Hagen was removed from the K-9 team. Hagen claimed that the City and senior officers had retaliated against him for exercising his First Amendment rights.

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. ...