Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Fifth Circuit affirmed summary judgment because the plaintiff failed to exhaust administrative remedies for most claims and provided no factual support for her discrimination theories. The court held that the employer's uniform security policy did not constitute discrimination under the ADA, ADEA, or Title VII.
The Eleventh Circuit affirmed the district court's dismissal of Willie Mitchell Sr.'s amended complaint, ruling that his claims were frivolous and failed to state a valid cause of action. The court held that despite prior orders to clarify his allegations, Mitchell's complaint remained a deficient 'shotgun pleading' barred by statutes of limitations, immunity doctrines, and a lack of private rights of action.
The Fifth Circuit affirmed the dismissal of a prison employee's civil rights suit, holding that she lacked Article III standing to challenge prosecutorial decisions. The court modified the judgment to dismiss the claims without prejudice, noting that federal courts cannot supervise criminal investigations or second-guess the vigor of prosecutions.
The Sixth Circuit reversed the district court's grant of habeas relief, holding that the state court's refusal to provide a defense-of-others jury instruction was not objectively unreasonable under AEDPA standards. The court concluded that the evidence did not support a reasonable inference that the petitioner acted to protect others from imminent harm, rendering the instructional error harmless beyond a reasonable doubt.
The Fifth Circuit reversed a district court's suppression order, holding that a search warrant affidavit supported by three controlled drug buys was not a bare-bones document. The court also remanded the case for a new determination on whether the defendant implicitly waived his Miranda rights during a custodial interview.
The Sixth Circuit reversed the district court's grant of habeas relief, holding that the state court's refusal to provide a defense-of-others jury instruction was not objectively unreasonable under AEDPA standards. The court found no constitutional violation in the trial proceedings regarding the jury instructions or other claims, thereby reinstating Mercer's conviction and denying her federal relief.
The Fifth Circuit affirmed summary judgment for American First National Bank, ruling that the Browns failed to provide sufficient evidence to prove racial discrimination under 42 U.S.C. § 1981. The court held that the plaintiffs' allegations were speculative and did not allow a reasonable jury to infer that the bank's refusal to open accounts was motivated by race rather than legitimate business concerns.
The Ninth Circuit affirmed summary judgment for police officers in a civil rights action, ruling that the plaintiff's own deposition testimony defeated his claims of evidence fabrication and malicious prosecution. The court held that the plaintiff's admission that he failed to register his weapon as required by law established probable cause for his arrest, which serves as a complete defense to both constitutional torts.
The Ninth Circuit reversed summary judgment on Gilliland's Eighth Amendment excessive-force claim against Deputy Eason, finding a genuine dispute of material fact regarding force used during transport. The court affirmed judgment for all other claims, including those against Deputy Lederer and Lieutenant Randall, while remanding the excessive-force claim for trial.
The Ninth Circuit vacated the Board of Immigration Appeals' denial of a stateless immigrant's motion to reopen removal proceedings, ruling that the agency applied an incorrect diligence standard. The court held that individuals born in the Soviet era who are deemed stateless reasonably begin challenging removal only after learning they are no longer protected from deportation.
