Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Ninth Circuit reversed a district court's denial of a motion to compel arbitration, holding that the burden of proving involuntary acceptance of terms lies with the parents, not the company. However, the court affirmed that the school districts were not authorized agents to bind parents to the arbitration clause.
The Ninth Circuit affirmed the district court's application of Younger abstention for most claims while the plaintiffs had ongoing state proceedings, but reversed the dismissal of specific First Amendment retaliation claims. The court remanded the retaliation claims for adjudication because they were sufficiently separable from the state enforcement actions and did not pose a risk of enjoining those proceedings.
The Ninth Circuit affirmed the district court's application of Younger abstention for most claims but reversed the dismissal of a First Amendment retaliation claim. The court held that while ongoing state proceedings generally preclude federal intervention, the unique nature of the retaliation injury created an exceptional circumstance allowing the federal case to proceed on that specific issue.
The Eighth Circuit affirmed the dismissal of an inmate's claims regarding the Interstate Corrections Compact and Eighth Amendment violations but reversed the dismissal of his procedural due process claim. The court held that prolonged administrative segregation without meaningful periodic review violates the Fourteenth Amendment when officials indicate outcomes are predetermined.
The Seventh Circuit dismissed an appeal challenging a district court's denial of qualified immunity because the lower court's ruling was not a final adjudication. The appellate court held that the district court's decision to deny immunity without prejudice and invite further arguments at summary judgment did not satisfy the collateral order doctrine.
The Seventh Circuit affirmed the district court's denial of an adult plaintiff's request to litigate a Title IX lawsuit under a pseudonym. The court held that absent a substantial risk of physical harm or retaliation beyond the consequences of public truth, the public interest in transparency outweighs privacy interests in federal appellate proceedings.
The Eleventh Circuit affirmed the denial of a preliminary injunction sought by a tenured law professor seeking reinstatement after termination. The court held that the professor failed to demonstrate irreparable harm or that reinstatement would serve the public interest.
The Eleventh Circuit dismissed an appeal filed by a pro se prisoner because the notice of appeal was untimely. The court found it lacked jurisdiction to hear the case.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's order did not resolve all claims or parties in the underlying case. The appellate court held that the order was not final under 28 U.S.C. § 1291 and did not qualify as an immediately appealable interlocutory order.
The Fifth Circuit denied the plaintiffs' motion to proceed in forma pauperis and dismissed their appeal as frivolous because their filings failed to present any nonfrivolous legal issues. This dismissal counts as a strike against prisoner Jeremy Allen under the Prison Litigation Reform Act's three-strikes rule.
