Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Tenth Circuit affirmed the dismissal of an employee's retaliation claims after he was fired for missing shifts following a COVID-19 diagnosis. The court held that the employer did not violate Colorado law by enforcing its attendance policy when the employee failed to provide required notice of his absence.
The Fifth Circuit reversed the district court's grant of summary judgment for protest organizer DeRay Mckesson, holding that sufficient evidence exists for a jury to determine if his negligence in leading a violent protest proximately caused injuries to Officer John Ford. The court emphasized that after eight years of litigation, the case must proceed to trial to resolve factual disputes regarding Mckesson's leadership role and the foreseeability of the violence.
The Fifth Circuit affirmed a district court judgment dismissing a pro se civil rights lawsuit against two cities and an individual. The appellate court found no reversible error after reviewing the briefs with the benefit of liberal construction.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal due to a lack of prosecution by the appellant. The court issued an order stating that the dismissal stands as the mandate of the court.
The Fifth Circuit reversed a district court's dismissal of a pro se plaintiff's Title VII racial discrimination lawsuit, holding that his complaint adequately alleged hostile work environment and retaliation claims. The court emphasized that pro se pleadings must be liberally construed and need not meet the strict standards of formal legal drafting to survive a motion to dismiss.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by a prisoner against a corrections official. The dismissal was issued due to a lack of prosecution by the appellant.
The Fifth Circuit affirmed the district court's dismissal of Henry Berrocal's pro se complaint under 28 U.S.C. § 1915(e). The appellate court found no reversible error after reviewing the record with the requisite liberal construction afforded to pro se litigants.
The Fifth Circuit dismissed portions of Henry Berrocal's appeal regarding sanctions and recusal as non-appealable interlocutory orders lacking jurisdiction. The court also dismissed the appeal of the preliminary injunction denial as frivolous, finding the district court properly relied on judicial notice of a completed foreclosure sale.
The Third Circuit affirmed the grant of summary judgment, holding that correctional officers were entitled to qualified immunity for rejecting an inmate's bulk religious mailings. The court ruled that at the time of the alleged violations, it was not clearly established law that prison officials could not require religious pamphlets to be routed through the chaplaincy rather than sent directly to inmates.
The Eighth Circuit affirmed summary judgment for a Minneapolis police officer who used a less-lethal projectile against a protester during the 2020 riots, ruling the force was objectively reasonable under the Fourth Amendment. The court also upheld the dismissal of the officer's qualified immunity defense and the district court's refusal to exercise supplemental jurisdiction over state law claims.
