Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Ninth Circuit affirmed the district court's denial of a pro se motion for reconsideration in a civil rights action, finding the appellant failed to establish grounds for relief under Federal Rule of Civil Procedure 60(b). The court also rejected an unsupported claim of judicial bias and declined to consider arguments not raised in the opening brief.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a pro se litigant seeking in forma pauperis status. The court found the appellant's arguments conclusory and patently meritless, ruling that the appeal was frivolous.
The Fifth Circuit affirmed summary judgment for the Department of Veterans Affairs on Judy Vuong's claims of race, color, and sex discrimination and retaliation. However, the court reversed and remanded the case regarding her hostile work environment claim, finding the district court erred by dismissing it sua sponte without notice.
The Ninth Circuit affirmed a district court's grant of summary judgment in a prisoner's civil rights lawsuit alleging that prison officials were deliberately indifferent to his health risks during the COVID-19 pandemic. The court held that the plaintiff failed to provide sufficient evidence that officials knew of and disregarded an excessive risk to his safety.
The United States Court of Appeals for the First Circuit affirmed the district court's grant of summary judgment in an age discrimination case, holding that the plaintiff's motion to extend the appeal deadline served as the functional equivalent of a notice of appeal.
The Fifth Circuit affirmed the dismissal of a plaintiff's claim that the City of Corpus Christi selectively enforced building codes against her historic property in violation of the Equal Protection Clause. The court held that the plaintiff failed to plead sufficient facts to establish a municipal policy or custom of discrimination under Section 1983.
The Third Circuit reversed the denial of a federal habeas petition and remanded the case for an evidentiary hearing on an ineffective assistance of counsel claim. The court held that the state court unreasonably applied federal law by denying a hearing without first allowing the petitioner to prove allegations that trial counsel failed to investigate a biased critical witness.
The Third Circuit affirmed a district court's grant of summary judgment to prison medical providers, ruling that their extensive treatment of a prisoner did not constitute deliberate indifference. The court held that disagreements over medical judgment, such as the timing of a diagnosis or the choice of medication, are insufficient to prove an Eighth Amendment violation.
The Ninth Circuit denied the petition for rehearing en banc, leaving in place a panel decision that set aside the Department of Homeland Security's termination of Temporary Protected Status for Haiti and Venezuela. The court reaffirmed that the statutory judicial review bar does not shield the Secretary's actions from challenge when she exceeds her statutory authority by vacating prior designations.
The Ninth Circuit denied a petition for review of an immigration decision because the petitioner failed to exhaust her asylum and withholding of removal claims before the Board of Immigration Appeals. The court also found that substantial evidence supported the denial of relief under the Convention Against Torture.
