Seventh Circuit Tag

Utility Air Regulatory Group v. EPA: One Less Thing for Cities To Worry About

Posted 24 Jun 2014 in Case Notes

Had Utility Air Regulatory Group v. EPA gone the other way, it would be a big deal for cities.

But it didn’t. Cities own many small stationary sources that emit greenhouse gases and will benefit from not having to obtain permits for them. The Clean Air Act regulates pollution-generating emissions from stationary source (factories, power plants, etc.) and moving sources (cars, trucks, planes, etc.). In 2007

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 23 Jun 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

First Circuit

Thayer v. City of Worcester, No. 13-2355 (June 19, 2014) (affirming denial of preliminary injunction against enforcement of city ordinances prohibiting coercive or risky behavior by panhandlers).

Second Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 16 Jun 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

Third Circuit

Rosano v. Township of Teaneck, No. 13-1263 (June 10, 2014) (in action by current and former police officers against Township alleging violation of Fair Labor Standards Act because it did not pay proper overtime and provide compensation for attending daily roll calls and putting on and taking off uniforms, affirming grant of summary judgment for Township).

Seventh Circuit

Garofalo v. Village of Hazel Crest, No. 12-668 (June 12, 2014) (in action by former police sergeants, both white, alleging that the Village discriminated against them based on race by promoting a black officer to police chief, affirming summary judgment for Village).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 02 Jun 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

Sixth Circuit

Robertson v. Lucas, No. 12-3877 (May 28, 2014) (in case arising out of corrupted drug-trade investigation, affirming award of qualified immunity on malicious prosecution and false arrest claims, and affirming dismissal of Monell claim against Richland County and City of Cleveland).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 19 May 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

Second Circuit

Sherman v. Town of Chester, No. 13-1503 (May 16, 2014) (ruling that takings claim against the Town was ripe because seeking a final decision from the Town would be futile and because Town had removed case to federal court).
Morales v. City of New York, No. 13-2126 (May 16, 2014) (affirming dismissal of complaint against City alleging malicious prosecution, abuse of process, deprivation of right to fair trial, and deprivation of constitutional rights on account of race and color).
Disabled in Action v. Bd. of Elections in the City of New York, No. 12-4412 (May 14, 2014) (affirming that City Board of Elections violated Section 504 of the Rehabilitation Act and Title II of the ADA by failing to provide people with mobility or vision disabilities with meaningful access to voting program).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 12 May 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

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

City of Pontiac Retired Employees Assoc. v. Schimmel, No. 12-2087 (May 5, 2014) (vacating order denying preliminary injunction and remanding on questions related to whether emergency manager could reduce and eliminate health-care benefits for retired City employees).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 28 Apr 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

First Circuit

Green Mountain Realty Corp. v. Leonard, No. 13-2163 (Apr. 23, 2014) (finding that district court improperly granted summary judgment to Town on cell phone provider's claim that Town "prohibited" it from providing service under 47 U.S.C. 332(c)(7) of the Communications Act).

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).

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 14 Apr 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

Third Circuit

Thomas v. Cumberland County, No. 12-3959 (Apr. 11, 2014) (in suit alleging that the County failed to properly train officers to prevent attack by other inmates, vacating the district court's order of summary judgment for the County because a reasonable jury could find that the County acted with deliberate indifference).

Sixth Circuit

Rouster v. Saginaw County, No. 13-1673 (Apr. 9, 2014) (affirming district court decision that medical staff was not deliberately indifferent to jailed individual's medical needs).

Seventh Circuit

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 31 Mar 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

First Circuit

Garayalde-Rijos v. Municipality of Carlinia, No. 13-1487 (Mar. 28, 2014) (finding that district court erred in dismissing firefighter's suit for sex discrimination and retaliation under Title VII of the Civil Rights Act of 1994).

Fifth Circuit

Cooley v. Housing Authority of the City of Slidell, No. 13-30797 (Mar. 26, 2014) (affirming that

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 24 Mar 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

Third Circuit

Delaware County v. Federal Housing Finance Agency, No. 13-2163 (Mar. 18, 2014) (finding that Freddie Mac and Fannie Mae are exempt from paying real estate transfer taxes). The decision is consistent with recent decisions from the Fourth, Seventh, and Eighth Circuits.

Seventh Circuit

Mulholland v. Marion County Election Bd., No. 13-3027 (Mar. 20, 2014) (finding that federal-court abstention is not appropriate in case challening local election restrictions).

Ninth Circuit

Seventh Circuit Tag

Important Links