Eleventh Circuit Tag

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Posted 16 Sep 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:court collumn Ninth Circuit 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

Posted 28 Aug 2014 in IMLA Briefs
In T-Mobile South v. City of Roswell, the Supreme Court will decide whether a letter denying a cell tower construction application that doesn’t explain the reasons for the denial meets the Telecommunications Act of 1996 (TCA) “in writing” requirement. CellTower The State and Local Legal Center’s (SLLC) amicus brief, which IMLA joined, argues it does. T-Mobile applied to construct a 108-foot cell tower in an area zoned single-family residential.  The City of Roswell’s ordinance only allowed “alternative tower structures” in such a zone that were compatible with “the natural setting and surrounding structures.”  T-Mobile proposed an “alternative tower structure” in the shape of a man-made tree that would be about 25-feet taller than the pine trees surrounding it. After a hearing, where city councilmembers stated various reasons for why they were going to vote against the application, Roswell sent T-Mobile a brief letter saying the application was denied and that T-Mobile could obtain hearing minutes from the city clerk.

Posted 11 Aug 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:court collumn 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.

Posted 07 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:law books Sixth Circuit Hescott v. City of Saginaw, No. 13-2103 (July 2, 2014) (ruling that district court erred denying attorney's fees to Hescotts in their successful 1983 action claiming that the City had unconstitutionally seized their personal effects by demolishing their property). Seventh Circuit Scherr v. City of Chicago, No. 13-1992 (July 2, 2014) (affirming that 1983 suit against officer based on alleged Fourth-Amendment violation was properly dismissed).

Posted 20 Jun 2014 in Case Notes, Commentary
The Supreme Court held unanimously that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by a subpoena, outside the course of his or her ordinary responsibilities.5554035521_f6b59ccafa_n The good:  The Court was clear that if employees admit to wrongdoing while testifying they can still be disciplined and that false or erroneous testimony or testimony that unnecessarily discloses sensitive, confidential, or privileged information may balance the Pickering scale in the employer’s favor. The bad:  The Court read “official job duties” narrowly to exclude speech about information merely learned at the job. The ugly:  The Court doesn’t decide the obvious next question:  is an employee’s truthful sworn testimony, which is part of an employee’s ordinary responsibilities, protected by the First Amendment?

Posted 12 May 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:Alexandria-court First Circuit
  • Jones v. City of Boston, No. 12-2280 (May 7, 2014) (in suit challenging police department's drug-testing program as causing disparate impact based on race, reversing denial of summary judgment for plaintiffs on whether they had proved a prima facie case of disparate impact under Title VII).
Sixth Circuit

Posted 28 Apr 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:NinthCircuit First Circuit Third Circuit
  • Hallsey v. Pheiffer, No. 13-1549 (Apr. 24, 2014) (reversing district court's summary judgment for officers on fabrication, malicious prosecution, and coercion claims, in case arising out of suit brought by individual wrongly imprisoned for 22 years).

Posted 24 Mar 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:No-Loitering Third Circuit Seventh Circuit Ninth Circuit

Posted 10 Feb 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:SCT pillars Second Circuit Sixth Circuit Seventh Circuit