Ninth Circuit Tag

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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 23 Sep 2013 in Case Notes

The Ninth Circuit issued its decision Friday in Pacific Shores Properties, LLC v. City of Newport Beach, No. 11-55460. In the case, plaintiffs alleged that a City ordinance violated the Fair Housing Act, the Americans with Disabilities Act, the California Fair Employment and Housing Act, and the Equal Protection Clause because the ordinance had the practical effect of prohibiting new group homes for recovering alcoholics and drug users from opening in most residential districts. Although the district court had granted summary judgment for the City, the Ninth...

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...

Posted 11 Sep 2013 in Case Notes
[caption id="attachment_89" align="alignright" width="300"]9th Circuit: Landlords do not have a viable constitutional claim against City housing program 9th Circuit: Landlords do not have a viable constitutional claim against City housing program[/caption] Your community’s housing conditions are in crisis. Too many landlords ignore codes. They disregard tenants’ concerns. And their properties are hardly habitable. But they continue to collect rent—from tenants with little capacity to protect themselves. So your local government fashions an innovative program, one that empowers tenants. It allows tenants living in troubled properties to withhold a portion of their rent and to use it for needed repairs. Landlords sue. They claim that your program violates their federal substantive due process rights. Do they have a winning constitutional argument? Not according to the Ninth Circuit, which ruled Monday in Sylvia Landfield Trust v. City of Los Angeles, No. 11-55904, slip op. (Sept. 9, 2013), that the City of Los Angeles’s Rent Escrow Account Program is constitutional.