Sentencing
General opportunity to lodge objections at the end of sentencing suffices to elicit objections on the sentence - the judge need not necessarily mention the sentencing in the prompt. Circuit split flagged.
Lack of adjustment to below-guidelines sentence after vacated enhancement doesn't violate deft's rights.
Sufficient explanation for post-sentencing rehabilitation.
https://www.cadc.uscourts.gov/internet/opinions.nsf/CBEA4FF41EFCFF0085257F380053AAAB/$file/14-3046-1592959.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
DC Circuit: Mach Mining, LLC v. Secretary of Labor
Administrative / Negligence
Substantial evidence for Commission's adjudication of high negligence, as proof of mitigations only bars the finding of high negligence in the agency's formulation of violations presented to the commission, not in the adjudications themselves.
High negligence under either standard in this case, though.
https://www.cadc.uscourts.gov/internet/opinions.nsf/3B01146121C32D7385257F380053AA90/$file/14-1266-1592965.pdf
Substantial evidence for Commission's adjudication of high negligence, as proof of mitigations only bars the finding of high negligence in the agency's formulation of violations presented to the commission, not in the adjudications themselves.
High negligence under either standard in this case, though.
https://www.cadc.uscourts.gov/internet/opinions.nsf/3B01146121C32D7385257F380053AA90/$file/14-1266-1592965.pdf
Eleventh Circuit: USA v. Antone T. Adams
ACCA
Sentence imposed under ACCA residual clause vacated on direct appeal, as state priors aren't predicates.
http://media.ca11.uscourts.gov/opinions/pub/files/201414329.pdf
Sentence imposed under ACCA residual clause vacated on direct appeal, as state priors aren't predicates.
http://media.ca11.uscourts.gov/opinions/pub/files/201414329.pdf
Eleventh Circuit: Karen Perez v. Michael Suszczynski
S1983
Denial of qualified immunity upheld where credible testimony says that decedent was prone, unresisting, and disarmed.
http://media.ca11.uscourts.gov/opinions/pub/files/201413619.pdf
Denial of qualified immunity upheld where credible testimony says that decedent was prone, unresisting, and disarmed.
http://media.ca11.uscourts.gov/opinions/pub/files/201413619.pdf
Ninth Circuit: David Reyes v. Christopher Smith
PLRA / Administrative
The exhaustion requirements are met under the PLRA where prison officials issue a decision on the merits while disregarding procedural flaws in the appeal.
As the complaint put the prison officials on notice of the full dimensions of the claim, it sufficed to exhaust administrative remedies.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/12/13-17119.pdf
The exhaustion requirements are met under the PLRA where prison officials issue a decision on the merits while disregarding procedural flaws in the appeal.
As the complaint put the prison officials on notice of the full dimensions of the claim, it sufficed to exhaust administrative remedies.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/12/13-17119.pdf
Ninth Circuit: Javier Bravo Sr. v. City of Santa Maria
S1983 / Fees
In determining the award of fees for a S1983 action, recoveries by nonparties in cases resulting from the same facts and circumstances can be considered where the outcome of the case resulted in significant public benefits.
Error not to offset the award of costs by the costs already paid.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/12/14-55557.pdf
In determining the award of fees for a S1983 action, recoveries by nonparties in cases resulting from the same facts and circumstances can be considered where the outcome of the case resulted in significant public benefits.
Error not to offset the award of costs by the costs already paid.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/12/14-55557.pdf
Ninth Circuit: USA v. Elven Swisher
First Amendment, En Banc
The Supreme Court's holding that false statements of military valor are protected under the First Amendment was a change in the substantive law, and is retroactively applicable to cases on collateral review.
The wearing of a military medal that was not granted by the armed services is an act of expressive speech, and no compelling government interest justified its criminalization.
Dissent: Wearing a medal is substantially different from saying that a medal was won. Gvt may legitimately ban.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/11/11-35796.pdf
The Supreme Court's holding that false statements of military valor are protected under the First Amendment was a change in the substantive law, and is retroactively applicable to cases on collateral review.
The wearing of a military medal that was not granted by the armed services is an act of expressive speech, and no compelling government interest justified its criminalization.
Dissent: Wearing a medal is substantially different from saying that a medal was won. Gvt may legitimately ban.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/11/11-35796.pdf
Ninth Circuit: The Center for Auto Safety v. Chrysler Corp.
FRCP
Requirement of mere good cause for sealing motions and their attachments does not turn on whether they are dispositive, but rather whether they are only tangentially related to the merits.
Concurrence: In the case at bar, the motion was dispositive as to the preliminary injunction.
Dissent: Requiring compelling interest for disclosure unless dispositive is a clearer rule, and compelled by precedent.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/11/15-55084.pdf
Requirement of mere good cause for sealing motions and their attachments does not turn on whether they are dispositive, but rather whether they are only tangentially related to the merits.
Concurrence: In the case at bar, the motion was dispositive as to the preliminary injunction.
Dissent: Requiring compelling interest for disclosure unless dispositive is a clearer rule, and compelled by precedent.
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/11/15-55084.pdf
Eighth Circuit: United States v. Devord Frank Allen
Sentencing.
Sentence imposed upon revocation of supervised release is a valid predicate for the career offender sentencing enhancement.
http://media.ca8.uscourts.gov/opndir/16/01/151179P.pdf
Sentence imposed upon revocation of supervised release is a valid predicate for the career offender sentencing enhancement.
http://media.ca8.uscourts.gov/opndir/16/01/151179P.pdf
Eighth Circuit: United States v. Norman Burch
FRE
Prior consistent statement not hearsay, given variations in deft's assertions as to when the incentive to mislead began.
Witness testimony referencing excluded prior written statement wasn't sufficiently dispositive.
Sentencing - cross-referencing upheld, statutory maximum sentence less than the guidelines range presumed reasonable.
http://media.ca8.uscourts.gov/opndir/16/01/143649P.pdf
Prior consistent statement not hearsay, given variations in deft's assertions as to when the incentive to mislead began.
Witness testimony referencing excluded prior written statement wasn't sufficiently dispositive.
Sentencing - cross-referencing upheld, statutory maximum sentence less than the guidelines range presumed reasonable.
http://media.ca8.uscourts.gov/opndir/16/01/143649P.pdf
Seventh Circuit: Laura Kubiak v. City of Chicago
First Amendment
As police officer reporting assault by another officer was neither acting as a private citizen nor speaking on a matter of public concern, her subsequent demotion doesn't violate the First Amendment.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:14-3074:J:Flaum:aut:T:fnOp:N:1685011:S:0
As police officer reporting assault by another officer was neither acting as a private citizen nor speaking on a matter of public concern, her subsequent demotion doesn't violate the First Amendment.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:14-3074:J:Flaum:aut:T:fnOp:N:1685011:S:0
Seventh Circuit: Peter Enger v. Chicago Carriage Cab Corp.
Statutory construction/ Employment
Fares paid by taxicab riders are indirect compensation, which does not trigger state wage laws.
Unjust enrichment claim denied, as the relationship is covered by an implied contract, and state law bars unjust enrichment claims where a contract exists.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:15-1057:J:Flaum:aut:T:fnOp:N:1685039:S:0
Fares paid by taxicab riders are indirect compensation, which does not trigger state wage laws.
Unjust enrichment claim denied, as the relationship is covered by an implied contract, and state law bars unjust enrichment claims where a contract exists.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:15-1057:J:Flaum:aut:T:fnOp:N:1685039:S:0
Seventh Circuit: Sergio Isunza v. Loretta E. Lynch
Immigration.
Agency holding that claim was waived for not being raised earlier was not an abuse of discretion.
Substantial evidence for agency holding that, unlike some other contexts, re-entry to the USA does not begin a re-accrual of continuous presence where the earlier period of continuous presence was ended by a disqualifying conviction.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:15-1286:J:Shah:aut:T:fnOp:N:1685168:S:0
Agency holding that claim was waived for not being raised earlier was not an abuse of discretion.
Substantial evidence for agency holding that, unlike some other contexts, re-entry to the USA does not begin a re-accrual of continuous presence where the earlier period of continuous presence was ended by a disqualifying conviction.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:15-1286:J:Shah:aut:T:fnOp:N:1685168:S:0
Seventh Circuit: Delbert Heard v. Andrew Tilden
FRCP
Prior settlement agreement is not a basis for issue preclusion of subsequent claim.
Prior broad release of claim did not indemnify physicians against delay in in treatment for subsequent recurrence of chronic condition.
Where a physician is both the decisionmaker and the author of guidelines for treatment of prisoner medical conditions, an allegation against him in the former capacity states a claim.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:15-1732:J:PerCuriam:aut:T:fnOp:N:1685055:S:0
Prior settlement agreement is not a basis for issue preclusion of subsequent claim.
Prior broad release of claim did not indemnify physicians against delay in in treatment for subsequent recurrence of chronic condition.
Where a physician is both the decisionmaker and the author of guidelines for treatment of prisoner medical conditions, an allegation against him in the former capacity states a claim.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:15-1732:J:PerCuriam:aut:T:fnOp:N:1685055:S:0
Seventh Circuit: William I. Babchuk, M.D., P.C. v. Indiana University Health, Inc
S1983
When a state hospital suspends the privileges of a physician, there is no per se cognizable liberty or property interest imperiled by reporting the revocation to national organizations.
Where the board of a private hospital is partially appointed by the Board of Governors of a state university and the state university earns a share of the hospital's profits, the hospital is not necessarily a state actor acting under the color of state law.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:15-1816:J:Posner:aut:T:fnOp:N:1684866:S:0
When a state hospital suspends the privileges of a physician, there is no per se cognizable liberty or property interest imperiled by reporting the revocation to national organizations.
Where the board of a private hospital is partially appointed by the Board of Governors of a state university and the state university earns a share of the hospital's profits, the hospital is not necessarily a state actor acting under the color of state law.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-11/C:15-1816:J:Posner:aut:T:fnOp:N:1684866:S:0
Fifth Circuit: USA v. Ivan Garcia-Lopez
Fourth Amendment.
As someone might have been hiding in a hollowed-out mattress, gun found under mattress during protective sweep was properly admitted.
http://www.ca5.uscourts.gov/opinions/pub/14/14-41392-CR0.pdf
As someone might have been hiding in a hollowed-out mattress, gun found under mattress during protective sweep was properly admitted.
http://www.ca5.uscourts.gov/opinions/pub/14/14-41392-CR0.pdf
Fourth Circuit: Estate of Ronald Armstrong v. The Village of Pinehurst
S1983 / use of force
Qualified immunity for taser use against nonviolent resistence by arrestee (securing himself to a stop sign).
Opinion is precedential as to use of force in future, though, holding that stationary and nonviolent resistance by mentally ill arrestee not deemed a threat to others is excessive.
Concur in part: Not a 4A violation - overdeterrence.
http://www.ca4.uscourts.gov/Opinions/Published/151191.P.pdf
Qualified immunity for taser use against nonviolent resistence by arrestee (securing himself to a stop sign).
Opinion is precedential as to use of force in future, though, holding that stationary and nonviolent resistance by mentally ill arrestee not deemed a threat to others is excessive.
Concur in part: Not a 4A violation - overdeterrence.
http://www.ca4.uscourts.gov/Opinions/Published/151191.P.pdf
Fourth Circuit: Jay Bauer v. Loretta Lynch
Title VII
So long as there is an equal burden of compliance and the same level of fitness is demonstrated by the varying standards, gender-specific physical fitness guidelines do not violate Title VII.
http://www.ca4.uscourts.gov/Opinions/Published/142323.P.pdf
So long as there is an equal burden of compliance and the same level of fitness is demonstrated by the varying standards, gender-specific physical fitness guidelines do not violate Title VII.
http://www.ca4.uscourts.gov/Opinions/Published/142323.P.pdf
Fourth Circuit: Dante Askew v. HRFC, LLC
Contracts / Statutory construction
State statute merely requires that interest rates above the maximum be disclosed in the contract.
A statute of limitations that runs from discovery runs from the time that the deft knew that the interest rate was excessive under law, not from the time that deft knew of the interest rate.
Statutory notification requirement was satisfied by a letter to the consumer saying that there had been an error, and that a partial refund was due.
State statute requires refund of overpayment, not refund of all payments.
Lender's representations of nonexistent legal actions presented genuine issue of material fact.
http://www.ca4.uscourts.gov/Opinions/Published/141384.P.pdf
State statute merely requires that interest rates above the maximum be disclosed in the contract.
A statute of limitations that runs from discovery runs from the time that the deft knew that the interest rate was excessive under law, not from the time that deft knew of the interest rate.
Statutory notification requirement was satisfied by a letter to the consumer saying that there had been an error, and that a partial refund was due.
State statute requires refund of overpayment, not refund of all payments.
Lender's representations of nonexistent legal actions presented genuine issue of material fact.
http://www.ca4.uscourts.gov/Opinions/Published/141384.P.pdf
Third Circuit: Sandra Connelly v. Lane Construction Corp
FRCP, Title VII
As the discriminatory motive might ultimately either be a determining or a motivating factor, trial court erred in dismissal of the claim for lack of apparent causation in the pleading.
http://www2.ca3.uscourts.gov/opinarch/143792p.pdf
As the discriminatory motive might ultimately either be a determining or a motivating factor, trial court erred in dismissal of the claim for lack of apparent causation in the pleading.
http://www2.ca3.uscourts.gov/opinarch/143792p.pdf
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