Appeals Tag

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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 03 Dec 2013 in Case Notes
A County ordinance provides that waste generated in the County can be disposed at only a single location -- a publicly owned landfill:Landfill
The dumping or depositing by any person at any place other than at the designated facilities of any acceptable waste generated within the County is prohibited.
The County crafted the ordinance to further many public benefits: to conserve resources, to prevent pollution, and to protect the public health, safety, and well-being. For the public landfill, the ordinance also ensured a revenue stream. But for a private landfill operator located just two miles from the County line, the ordinance was a real problem. The ordinance led to a significant decrease in its business. The operator sued the County. It argued that the County ordinance violates the dormant-commerce clause and the equal-protection clause of the federal constitution. Is the operator correct? In Sandlands C&D LLC v. County of Horry, No. 13-1134 (Dec. 3, 2013), the Fourth Circuit ruled against the operator. It upheld the district court's grant of summary judgment for the County. Applying the Supreme Court's decision in United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 346 (2007), the court ruled that

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 25 Nov 2013 in Case Notes

Many cities have struggled with the effects of foreclosures. But given the complex mix of state laws that often governs the issue, how much authority do local governments have in this area? A First Circuit case, Easthampton Savings Bank v. City of Springfield, No. 12-1917 (Nov. 22, 2013) addresses that question. Six banks sued the City of Springfield, Massachusetts, after it had adopted two foreclosure ordinances. The ordinances require: banks to maintain property during the foreclosure process and to provide a $10,000 cash bond to the City; and banks and...

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 11 Nov 2013 in Case Notes

In Balthazar v. City of Chicago, No. 12-3378 (Nov. 8, 2013), the Seventh Circuit addressed an interesting Fourth-Amendment question: is it a "search" for officers to mistakenly open the wrong apartment door and glance inside? Judge Posner said that in this case, it likely was not: Police forced open the door of a residence by mistake, realized their mistake immediately (in fact before the door opened—for remember that Beckman tried to check the forward motion of the battering ram), and left immediately....

Posted 06 Nov 2013 in Case Notes

Does Title II of the Americans with Disabilities Act apply to employment-related discrimination claims, even though Title I of the Act specifically addresses such claims? Answering this "question of first impression" in the circuit, in Brumfield v. City of Chicago, No. 11-2265 (Nov. 6, 2013), the Seventh Circuit today joined the Ninth and Tenth Circuits in concluding that Title II does not extend to employment-discrimination claims. Such claims must be brought under Title I. The court determined that because, read in context, Title II unambiguously does not reach employment-discrimination claims, the court need...

Posted 04 Nov 2013 in Case Notes
Eagle Cove believed that its religion required it to hold its Bible camp in only one place: on its lake-side property in Oneida County, Wisconsin. But the County had zoned the property for residential use only. When Eagle Cove asked the County to re-zone the property, the County refused. When Eagle Cove asked for a conditional use permit so that it could hold the Bible camp anyway, the County denied that too.Wisc-lake Did the County's denials violate the Religious Land Use and Institutionalized Persons Act? In Eagle Cove Camp & Conference Center v. Town of Woodboro, No. 13-1274 (Oct. 30, 2013), the Seventh Circuit said "no." It affirmed the grant of summary judgment for the County and for the Town of Woodboro. No Total Exclusion One provision of RLUIPA provides that

Posted 25 Oct 2013 in Roundup

The Federal Circuit recently said no, in a case highlighted today at Julie Tappendorf's must-read blog Municipal Minute. In the case, the District of Columbia and the City of Houston attempted to trademark these two marks: The court ruled that Section 2(b) of the Lanham Act ( 15 U.S.C. 1052(b)) prohibits the local governments from registering the marks. It provides: No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the...