S1983, Prisons
Qualified immunity for physicians treating inmate with PTSD, given lack of deliberate indifference.
No 1A, 14A retaliation claims based on ending of medication and transfer, as there were legitimate nondiscriminatory reasons for both.
Dissent: Genuine dispute.
http://media.ca8.uscourts.gov/opndir/16/01/143889P.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.
Eighth Circuit: Sriram Rajasekaran v. Mark Hazuda
Administrative, Immigration
No subject matter jurisdiction over challenge to the level of detail in the agency's notice, as it is fundamentally a statutory procedural rule designed to instruct the agency.
Petitioner not eligible for portability.
http://media.ca8.uscourts.gov/opndir/16/01/143623P.pdf
No subject matter jurisdiction over challenge to the level of detail in the agency's notice, as it is fundamentally a statutory procedural rule designed to instruct the agency.
Petitioner not eligible for portability.
http://media.ca8.uscourts.gov/opndir/16/01/143623P.pdf
Eighth Circuit: Theodore Ingram v. Terminal Railroad Association
ERISA
Where additional evidence is admitted during the proceedings, a court can retain the abuse of discretion standard by making its decision from the administrative record.
Administrator's characterization of relocation expenses was reasonable.
District court did not abuse discretion in finding that Administrator's offset of prior plan's benefits for full vesting -as opposed to the actual early retirement payments - was reasonable.
http://media.ca8.uscourts.gov/opndir/16/01/143589P.pdf
Where additional evidence is admitted during the proceedings, a court can retain the abuse of discretion standard by making its decision from the administrative record.
Administrator's characterization of relocation expenses was reasonable.
District court did not abuse discretion in finding that Administrator's offset of prior plan's benefits for full vesting -as opposed to the actual early retirement payments - was reasonable.
http://media.ca8.uscourts.gov/opndir/16/01/143589P.pdf
Eighth Circuit: Jose Refugio Gomez-Gutierrez v. Loretta E. Lynch
Immigration
State solicitation of prostitution statute categorically a crime of moral turpitude.
Sufficient consideration by board.
http://media.ca8.uscourts.gov/opndir/16/01/143374P.pdf
State solicitation of prostitution statute categorically a crime of moral turpitude.
Sufficient consideration by board.
http://media.ca8.uscourts.gov/opndir/16/01/143374P.pdf
Eighth Circuit: United States v. Brandon Lovell
Sentencing
Above-guidelines sentence not substantively unreasonable when additional counts were dismissed as part of the deal.
http://media.ca8.uscourts.gov/opndir/16/01/143277P.pdf
Above-guidelines sentence not substantively unreasonable when additional counts were dismissed as part of the deal.
http://media.ca8.uscourts.gov/opndir/16/01/143277P.pdf
Sixth Circuit: USA v. Shawn Bivens
Sentencing
No error in court's not grouping multiple crimes based on an ongoing relationship.
http://www.ca6.uscourts.gov/opinions.pdf/16a0021p-06.pdf
No error in court's not grouping multiple crimes based on an ongoing relationship.
http://www.ca6.uscourts.gov/opinions.pdf/16a0021p-06.pdf
Sixth Circuit: Ronald Miller v. Comm'r of Social Security
SSA
Insufficient evidence for ALJ finding, given medical facts in evidence.
http://www.ca6.uscourts.gov/opinions.pdf/16a0020p-06.pdf
Insufficient evidence for ALJ finding, given medical facts in evidence.
http://www.ca6.uscourts.gov/opinions.pdf/16a0020p-06.pdf
Fourth Circuit: Frederick Aikens v. William Ingram, Jr
S1983, Military
S1983 Fourth Amendment claim for monitoring national guardsman's email barred by military abstention, as the harm was incident to military service.
http://www.ca4.uscourts.gov/Opinions/Published/142419.P.pdf
S1983 Fourth Amendment claim for monitoring national guardsman's email barred by military abstention, as the harm was incident to military service.
http://www.ca4.uscourts.gov/Opinions/Published/142419.P.pdf
Fourth Circuit: United States ex rel. Steven May v. Purdue Pharma
FCA
FCA claim prevented by prior claim bar where counsel for qui tam plaintiff had knowledge of prior claims.
http://www.ca4.uscourts.gov/Opinions/Published/142299.P.pdf
FCA claim prevented by prior claim bar where counsel for qui tam plaintiff had knowledge of prior claims.
http://www.ca4.uscourts.gov/Opinions/Published/142299.P.pdf
Fourth Circuit: Central Radio Company Inc. v. City of Norfolk
First Amendment
Municipal sign ordinance was a content-based restriction on speech as it targeted commercial speech.
Aesthetics and traffic safety considerations don't satisfy strict scrutiny.
Insufficient bad intent for selective enforcement claim.
(Appendix: Sign was a protest against pending eminent domain action.)
http://www.ca4.uscourts.gov/Opinions/Published/131996A.P.pdf
Municipal sign ordinance was a content-based restriction on speech as it targeted commercial speech.
Aesthetics and traffic safety considerations don't satisfy strict scrutiny.
Insufficient bad intent for selective enforcement claim.
(Appendix: Sign was a protest against pending eminent domain action.)
http://www.ca4.uscourts.gov/Opinions/Published/131996A.P.pdf
Second Circuit: United States v. Allen
Fourth Amendment
Absent exigent circumstance, a warrantless arrest made across the threshold - where the police are outside and arrestee inside after being summoned to the door by the police - violates the Fourth Amendment.
Compelled by earlier circuit precedent.
http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/1/doc/13-3333_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/1/hilite/
Absent exigent circumstance, a warrantless arrest made across the threshold - where the police are outside and arrestee inside after being summoned to the door by the police - violates the Fourth Amendment.
Compelled by earlier circuit precedent.
http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/1/doc/13-3333_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/1/hilite/
Second Circuit: United States v. Liddon Young
Sentencing
No error in denial of downward departure.
Sentencing court erred in double counting trafficking and subsequent-use-in-felony enhancements, as there was insufficient connection between the trafficking and the eventual offense. Expressio unius.
Error in Obstruction enhancement, as specific intent is necessary for unsworn out of court statements.
http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/2/doc/14-2383_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/2/hilite/
No error in denial of downward departure.
Sentencing court erred in double counting trafficking and subsequent-use-in-felony enhancements, as there was insufficient connection between the trafficking and the eventual offense. Expressio unius.
Error in Obstruction enhancement, as specific intent is necessary for unsworn out of court statements.
http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/2/doc/14-2383_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/2/hilite/
Eleventh Circuit: Brandon Jones v. GDCP Warden
AEDPA, Habeas
Petition for recall of madate resulting from earlier Habeas is a second/successive petition.
No merit in stay pending upcoming en banc holding on whether summary/brief affirmance by highest state court is the final state decision for purposes of federal habeas review, as it would not alter the merits of the underlying Strickland claim.
Insufficient miscarriage of justice to justify recall of mandate sua sponte.
http://media.ca11.uscourts.gov/opinions/pub/files/201114774.ord.pdf
[CB Editorial: The death penalty is morally unjustifiable.]
Petition for recall of madate resulting from earlier Habeas is a second/successive petition.
No merit in stay pending upcoming en banc holding on whether summary/brief affirmance by highest state court is the final state decision for purposes of federal habeas review, as it would not alter the merits of the underlying Strickland claim.
Insufficient miscarriage of justice to justify recall of mandate sua sponte.
http://media.ca11.uscourts.gov/opinions/pub/files/201114774.ord.pdf
[CB Editorial: The death penalty is morally unjustifiable.]
Ninth Circuit: David Zachary v. California Bank and Trust
Bankruptcy
Petitioner can cram down plans over the objection of a dissenting class of unsecured creditors while retaining post-petition property but not while retaining pre-petition property .
(From summary)
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/28/13-16402.pdf
Petitioner can cram down plans over the objection of a dissenting class of unsecured creditors while retaining post-petition property but not while retaining pre-petition property .
(From summary)
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/28/13-16402.pdf
Eighth Circuit: United States v. Quincy Jackson
Immigration
Agency Violence Against Women Act finding that underlying marriage was bona fide did not compel the IJ to accept that finding when balancing deportation arguments (including VAWA) when the IJ had already issued an opinion that the marriage was fraudulent.
http://media.ca8.uscourts.gov/opndir/16/01/143671P.pdf
Agency Violence Against Women Act finding that underlying marriage was bona fide did not compel the IJ to accept that finding when balancing deportation arguments (including VAWA) when the IJ had already issued an opinion that the marriage was fraudulent.
http://media.ca8.uscourts.gov/opndir/16/01/143671P.pdf
Eighth Circuit: Judith Mutie-Timothy v. Loretta E. Lynch
Fourth Amendment
Probable cause for search of aircraft after drug dog alert.
http://media.ca8.uscourts.gov/opndir/16/01/143756P.pdf
Probable cause for search of aircraft after drug dog alert.
http://media.ca8.uscourts.gov/opndir/16/01/143756P.pdf
Seventh Circuit: Charles Donelson v. Randy Pfister
Administrative, Habeas
State denial of claim that witnesses were not provided during prison disciplinary proceeding due to the fact that a form was copied and sent intact as opposed to detached from the receipt portion was not an adequate and independent state ground for denial.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-28/C:14-3395:J:Hamilton:aut:T:fnOp:N:1694237:S:0
State denial of claim that witnesses were not provided during prison disciplinary proceeding due to the fact that a form was copied and sent intact as opposed to detached from the receipt portion was not an adequate and independent state ground for denial.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-28/C:14-3395:J:Hamilton:aut:T:fnOp:N:1694237:S:0
Seventh Circuit: USA v. Terry Smith
Sentencing
Substantial evidence supporting conviction.
Below-guidelines sentence vacated for insufficient explanation of reason for downward departure & conditions on supervised release.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-28/C:14-3744:J:Posner:aut:T:fnOp:N:1693902:S:0
Substantial evidence supporting conviction.
Below-guidelines sentence vacated for insufficient explanation of reason for downward departure & conditions on supervised release.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-28/C:14-3744:J:Posner:aut:T:fnOp:N:1693902:S:0
Seventh Circuit: USA v. Ambrose Clayton
Sentencing
Court did not need to consider deft's postconviction conduct at denial of resentencing, as deft did not raise postconviction behavior at sentencing, and there is no guarantee of effective counsel at that stage of appeal.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-28/C:15-2553:J:PerCuriam:aut:T:fnOp:N:1694235:S:0
Court did not need to consider deft's postconviction conduct at denial of resentencing, as deft did not raise postconviction behavior at sentencing, and there is no guarantee of effective counsel at that stage of appeal.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-28/C:15-2553:J:PerCuriam:aut:T:fnOp:N:1694235:S:0
Seventh Circuit: Hedeen International, LLC v. Zing Toys, Inc.
FRCP
21 Day limit for challenging personal jurisdiction isn't jurisdictional limit on subsequent motions.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-27/C:15-1749:J:Rovner:aut:T:fnOp:N:1693702:S:0
21 Day limit for challenging personal jurisdiction isn't jurisdictional limit on subsequent motions.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-27/C:15-1749:J:Rovner:aut:T:fnOp:N:1693702:S:0
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