Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in this civil rights appeal. Judgment has been entered in accordance with the court's decision.
The Tenth Circuit affirmed the dismissal of a habeas petition, holding that Congress disestablished the Citizen Potawatomi reservation in 1891. The court further ruled that the petitioner waived arguments regarding the land's status as a dependent Indian community or allotment.
The Fifth Circuit affirmed the dismissal of a wrongful death lawsuit against a Louisiana prison warden, ruling that issuing padlocks to inmates was a reasonable security measure that did not violate the Eighth Amendment. The court held that the low frequency of padlock-related assaults and the necessity of securing inmate property failed to establish the deliberate indifference required for liability.
The Third Circuit affirmed the dismissal of three police officers' claims that a rival officer's promotion to Chief violated their constitutional rights. The court held that the officers failed to plead facts showing their non-promotion was motivated by protected speech or association.
The Third Circuit affirmed summary judgment for police officers and municipalities in a civil rights case arising from a drunk driving crash and subsequent arrest. The court held that the officers had reasonable suspicion to stop the appellant and that the force used to subdue him was reasonable under the Fourth Amendment.
The United States Court of Appeals for the Third Circuit dismissed a petition for a writ of mandamus as moot. The court found that a subsequent district court ruling eliminated the petitioner's personal stake in the outcome.
The Ninth Circuit reversed a district court order reducing damages in a disability discrimination case under the Americans with Disabilities Act. The panel held that while emotional distress damages are unavailable, compensatory damages for lost educational opportunities remain recoverable.
The Federal Circuit affirmed the Merit Systems Protection Board's decision to sustain the removal of a federal employee for excessive absences, rejecting claims of due process violations and whistleblower retaliation. The court held that prolonged absence without a foreseeable end constitutes just cause for removal, even when the employee has a history of disputes with management.
The Federal Circuit vacated the patent infringement judgment against Gen Digital, ruling that the asserted software claims were directed to an abstract idea under the first step of the Alice analysis. The court also held that damages based on foreign sales were impermissible under U.S. patent law and ordered a reconsideration of enhanced damages and attorney fees.
The Fourth Circuit imposed a public admonishment on attorney Eric Chibueze Nwaubani for submitting appellate briefs containing citations to three nonexistent judicial opinions. The court held that this conduct violated ethical rules prohibiting actions that seriously interfere with the administration of justice, regardless of whether artificial intelligence was used to generate the errors.
