Ninth Circuit Tag

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Posted 20 Aug 2014 in IMLA Briefs
On Monday, IMLA filed its brief in City of Newport Beach v. Pacific Shores Properties, LLC, a petition stage Supreme Court case, which involves questions of discrimination under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). Specifically, the issue before the Supreme Court is whether a disparate-treatment claim under the FHA and/or the8122523_ab151ea98b_z ADA that challenges a facially nondiscriminatory law on the ground that the law nevertheless intentionally discriminates on the basis of disability can prevail absent proof of discriminatory effects. In this case, the Ninth Circuit held that the plaintiffs had created a triable issue of fact as to whether the City had violated the ADA and FHA when it enacted the zoning ordinance restricting the areas of the City in which group homes for recovering addicts, as well as other group residential living facilities, can be located. According to the Ninth Circuit,

Posted 28 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments: SCT stairs[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

Posted 21 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:judicial bench 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.

Posted 16 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments, a couple days late this week:Alexandria-court 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).

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
If you eat, talk on the phone, and escape the rain in your car, are you using the car "as living quarters either overnight, day-by-day, or otherwise?"Homelesscar What if you load up the car with personal belongings for a camping trip? Or drive an RV to go on vacation? In the Ninth Circuit's view, a City of Los Angeles code provision designed to outlaw sleeping in a vehicle on City streets and parking lots may or may not criminalize all these activities and could lead to other selective enforcement—particularly against the homeless and poor. The court therefore ruled that the provision is unconstitutionally vague. The decision is Desertrain v. City of Los Angeles, No. 11-56957 (June 19, 2014). Los Angeles Municipal Code Section 85.02 outlaws

Posted 09 Jun 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:NinthCircuit First Circuit Fifth Circuit

Posted 27 May 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:Alexandria-court First Circuit
  • Gericke v. Begin, No. 12-2326 (May 23, 2014) (affirming denial of qualified immunity for police officers on First-Amendment retaliatory prosecution claim where plaintiff was arrested after she attempted to film a traffic stop).
Eighth Circuit
  • Walton v. Dawson, No. 12-4000 (May 20, 2014) (affirming in part and reversing in part denial of qualified immunity in failure-to-train claims against officers arising out of jail-cell attack that occurred after officers did not lock cell doors).

Posted 19 May 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:Gavel Second Circuit

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