Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Tenth Circuit dismissed this appeal because the notice of appeal was filed nearly two years after the district court's final order, violating the mandatory jurisdictional deadline. The court held that timely filing is a jurisdictional requirement that cannot be waived by pro se status.
The Tenth Circuit affirmed the denial of a motion to suppress evidence, holding that a lessee's general consent to search a unit for a suspect extended to the unit's roof. The court found officers lawfully seized a firearm from the roof under the plain-view doctrine because the search remained within the scope of that consent.
The Tenth Circuit affirmed the dismissal of a challenge to a USCIS denial of lawful permanent resident status because the case became moot. The court held that USCIS provided the specific relief sought by reopening the application and issuing a new decision, thereby dissipating the controversy.
The Ninth Circuit vacated a conviction for illegal reentry, holding that ineffective assistance of counsel can functionally deprive a defendant of meaningful judicial review under 8 U.S.C. § 1326(d). The court reversed the denial of a motion to dismiss the indictment because the defendant's counsel failed to pursue the only form of relief legally available to him.
The Ninth Circuit affirmed the district court's denial of the Wilton Rancheria's motion to vacate an arbitration award requiring the Tribe to cooperate with a specific union election procedure. The court held that the arbitrator did not manifest a disregard of the law or issue a completely irrational decision by determining that the Tribal Labor Relations Ordinance procedure was not the exclusive method available under the parties' Memorandum of Agreement.
The Third Circuit held that a Special Education Hearing Officer's order to develop an Individualized Education Program does not constitute an agreement to a new educational placement under the IDEA's stay-put provision. Because no prior IEP was in place, there was no existing placement to maintain, and the student is not entitled to remain in a specific setting pending further proceedings.
The Third Circuit affirmed the dismissal of Paul Cononie's second amended complaint without leave to amend. The court held that Cononie failed to state a plausible claim for relief and did not follow the district court's specific directives to cure pleading deficiencies.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in this case. Judgment has been entered in accordance with the court's decision.
The Fifth Circuit affirmed the dismissal of a Fair Housing Act claim because the plaintiff failed to plead specific facts linking her disability to the landlord's failure to make repairs. The court also rejected the plaintiff's motion to recuse the district judge, ruling that adverse rulings alone do not prove judicial bias.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 challenge to a Texas discovery statute, holding that the Younger abstention doctrine bars federal intervention. The court ruled that the plaintiff had an adequate opportunity to raise his constitutional claims within the ongoing state criminal proceedings.
