The Circuit Barrister

As the arresting officers' mistake was reasonable, given the message received on the radio, it would not have been actionable in a suit against the government -- as it was not actionable in that context, there is no private wrong to sound in tort.

http://media.ca1.uscourts.gov/pdf.opinions/17-1180P-01A.pdf

First Circuit: Newman v. Lehman Brothers Holdings Inc.

When the complaint affirmatively states a filing date for an administrative proceeding that would be past the statutory cutoff, but then is subsequently amended to obscure that filing date, the court does not engage in impermissible fact-finding in examining the administrative complaint to determine if it was timely, since the administrative complaint serves as the factual basis for the present action.

http://media.ca1.uscourts.gov/pdf.opinions/15-2239P-01A.pdf

First Circuit: US v. Villodas-Rosario

Consideration of whether enforcing an appellate waiver in a plea deal would be a miscarriage of justice refers to the harm alleged in the appeal, not whether the mechanics of the plea deal itself work a miscarriage of justice.

http://media.ca1.uscourts.gov/pdf.opinions/15-1981P-01A.pdf

Cases not appearing in this film

End of day. More cases here:

https://www.ca9.uscourts.gov/opinions/?pk_id=0000009531

https://www.ca10.uscourts.gov/clerk/opinions/daily

http://www.ca11.uscourts.gov/todays-published-opinions

https://www.cadc.uscourts.gov/internet/opinions.nsf

http://www.cafc.uscourts.gov/opinions-orders

Eighth Circuit: Zach Hillesheim v. Holiday Stationstores, Inc.

Claim that placement of refuse can blocked entry to the store disabled persons' access to the store alleges a sufficiently concrete and particular injury for standing.

http://media.ca8.uscourts.gov/opndir/18/08/173143P.pdf

Eighth Circuit: Samuel Scudder v. Dolgencorp

Genuine issue for trial presented as to disputed resignation where (1) management construed the conversation as a resignation, and employee later disputes; (2) returning military employee filed application through main system rather than the personnel agent who had handled his earlier military leave.

As SSA doesn't consider reasonable accommodation, a claim of disability doesn't judicially estop the plaintiff from claiming a right to employment during the same period.

http://media.ca8.uscourts.gov/opndir/18/08/172941P.pdf

Eighth Circuit: United States v. Deborah Brabant-Scribner

As the regulation requires the IRS to consider alternatives for collection and not alternatives to collection, agency need not have resolved a compromise offer before an Article III court can permit the sale of the primary residence.

http://media.ca8.uscourts.gov/opndir/18/08/172825P.pdf

Eighth Circuit: United States v. Michael John Walker

Sentencing bump for possession of a weapon in support of the crime inappropriate where the weapon was locked in the trunk and the crime was use or possession of a user's amount of drugs.

http://media.ca8.uscourts.gov/opndir/18/08/171680P.pdf

Seventh Circuit: Marcus Muhammad v. Del Pearson

Where contemporaneous documents establish that the warrant was vague due to clerical error, and that the vagueness was resolved by actual knowledge of the officers, the question can be resolved as a matter of law.

Arguable probable cause for arrest.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-17/C:15-3044:J:Hamilton:aut:T:fnOp:N:2204382:S:0

Seventh Circuit: Volney McGhee v. Cameron Watson

Where ineffective assistance at trial isn't used to establish ineffective assistance on direct review, state habeas petition for ineffective assistance on direct review does not exhaust the ineffective assistance at trial for subsequent federal habeas review.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-17/C:15-3881:J:Wood:con:T:fnOp:N:2203949:S:0

Seventh Circuit: USA v. David Watson

Phone tip that children were playing with guns had insufficient indicia of criminality to justify blocking in of vehicle and subsequent searches.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-17/C:17-1651:J:Hamilton:con:T:fnOp:N:2204352:S:0

Seventh Circuit: Elliott Levin v. William Miller

Corporate officers had no obligation to counsel the board on the wisdom of not disbursing the tax refunds to the soon-to-fail banks, given the stated board policy of support for the banks.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-17/C:17-1775:J:Sykes:aut:T:fnOp:N:2203966:S:0

Seventh Circuit: Daniel Martinez v. City of Chicago

S1983 plaintiff has to carry the burden on all disputed questions, including exigent circumstances.

Probable cause for custodial detention in own home after police entry, given proximity to scene of crime.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-17/C:17-1888:J:Ripple:aut:T:fnOp:N:2203888:S:0

Seventh Circuit: Peggy A. Berg v. SSA

The Act's 90-day look-back period considers accrued SSA benefits as of the date of their accrual, rather than as of the date of the administrative notice of the accrual of benefits.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-17/C:17-2389:J:Rovner:aut:T:fnOp:N:2204132:S:0

Sixth Circuit: Miami-Luken, Inc. v. DEA - Drug Enforcement Agency

Agency head's order quashing an ALJ's subpoena is not a final agency action for the purpose of statutory Article III review.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0173p-06.pdf

Fifth Circuit: Sealed Appellee v. Sealed Appellant

Deft waived right to non-conflicted counsel when accepting that counsel had a conflict while fully aware that, additionally, counsel was a potential co-defendant in the present action.

http://www.ca5.uscourts.gov/opinions/pub/17/17-50487-CV0.pdf

Fifth Circuit: IAS Service Group, L.L.C. v. Jim Buckley & Associates

Fraudulent inducement pleaded with sufficient particularity; Contractual term did not operate as a disclaimer of reliance; no clear error in court's determination that breach of contract regarding assignment was harmless; party asserting breach had the obligation to establish performance of the condition precedent.

http://www.ca5.uscourts.gov/opinions/pub/17/17-50105-CV0.pdf

Fifth Circuit: USA v. Henry Reddick

After hash values of suspect images were flagged by the private vendor, subsequent opening of the files by law enforcement did not violate the Fourth Amendment, as the opening didn't expand the scope of the search.

http://www.ca5.uscourts.gov/opinions/pub/17/17-41116-CR0.pdf

First Circuit: Lemus v. Sessions

First Circuit: US v. Madera-Rivera

First Circuit: Soto-Cintron v. US