Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
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 Eleventh Circuit affirmed the denial of habeas relief, holding that the petitioner failed to demonstrate the cause and prejudice necessary to overcome a procedural default. The court further ruled that the district court correctly lacked jurisdiction over a post-appeal Rule 60(b) motion once a notice of appeal was filed.
The Eleventh Circuit affirmed the dismissal of a Title VII hostile work environment claim, ruling that a single racially charged remark by a partner was not severe or pervasive enough to alter the conditions of employment. The court further held that the plaintiff's additional allegations were too vague to survive dismissal and that the district court did not abuse its discretion in denying leave to file a second amended complaint.
The Tenth Circuit affirmed the dismissal of Emit Ball's employment discrimination claims because he failed to file required administrative charges within the statutory deadlines. The court rejected arguments for equitable tolling and the continuing violation doctrine, holding that the employment relationship's end precluded such exceptions.
The Eleventh Circuit affirmed the denial of habeas relief, holding that the petitioner failed to demonstrate cause and prejudice to overcome the procedural default of his due process claim. Consequently, the court found the underlying sufficiency of the evidence claim unreviewable, leaving the conviction and sentence in effect.
The Tenth Circuit affirmed a district court's award of attorney's fees to a defendant under a Colorado statute, rejecting the plaintiff's arguments that the claims were primarily federal civil rights cases. The court held that while federal law preempts fee awards for § 1983 claims, the statute applies to the separate state-law tort claims dismissed in the case.
The Eleventh Circuit reversed a summary judgment ruling that had shielded a financial firm from fiduciary duty claims, holding that statutory duties under the Investment Advisers Act cannot be waived by contract disclaimers. The court also reversed a jury verdict awarding the firm unjust enrichment, ruling that its financing services were inextricably linked to prior illegal investment advice, rendering the entire contract void.
The Sixth Circuit affirmed summary judgment for defendants in an excessive-force suit because the plaintiff failed to exhaust administrative remedies. The court held that the Prison Litigation Reform Act bars litigation when an inmate has not filed a standard grievance or provided evidence of an informal one in the district court.
The Tenth Circuit denied Scott William Wyban a certificate of appealability, ruling that his ineffective assistance of counsel claims lacked substantial grounds for relief. The court affirmed the district court's denial of his habeas petition, finding that trial counsel's strategic decisions were within the wide range of professionally competent assistance.
The First Circuit affirmed summary judgment for Universal Insurance Company, holding that a Puerto Rico Supreme Court decision clarifying the scope of professional services exclusions applied retroactively to pending cases. The court rejected the appellant's argument that the intervening precedent created new law, finding instead that it merely clarified existing statutory interpretation.
