Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Eleventh Circuit held that a Walton County ordinance banning all access to privately-owned beaches during the COVID-19 pandemic constituted a physical taking under the Fifth Amendment. The court reversed the district court's summary judgment for the County, ruling that public emergencies do not create an exception to the Takings Clause.
The Eleventh Circuit affirmed the denial of a preliminary injunction regarding Florida's registration and affidavit requirements for real property owners. However, the court reversed the lower court's decision on the purchase restriction, ruling that the plaintiffs lacked Article III standing to challenge that specific provision.
The Tenth Circuit affirmed the dismissal of Dr. Vinay Saini’s employment discrimination and retaliation claims, ruling that his complaints were time-barred and failed to state plausible causes of action. The court held that the statute of limitations began running at the time of his termination and that his subsequent discovery of the employer's true reasons did not trigger equitable tolling.
The First Circuit held that it possesses appellate jurisdiction over an interlocutory appeal in an Oil Pollution Act case because the litigation includes third-party admiralty claims. On the merits, the court reversed the District Court's grant of summary judgment, ruling that liability for natural resource damages must be determined by a preponderance of the evidence rather than under the deferential arbitrary-and-capricious standard.
The Eleventh Circuit affirmed the grant of summary judgment in favor of jail administrators and the City of Jasper, ruling that plaintiffs failed to prove the supervisors knew of or tolerated widespread sexual abuse by jailers. The court held that without evidence of actual knowledge or a persistent custom of misconduct, the administrators could not be held liable under the Eighth Amendment or the TVPRA.
The Eleventh Circuit held that the Whistleblower Protection Enhancement Act abrogated its prior precedent in Castro, extending Rehabilitation Act protections to TSA security screeners. Consequently, the court vacated the district court's dismissal of the plaintiff's disability discrimination claim and remanded the case for further proceedings.
The Ninth Circuit reversed a district court ruling that held a school district had no duty to offer a free appropriate public education because parents requested an IEP meeting rather than an IEP document. The panel clarified that the purpose of an IEP meeting is to develop and offer an IEP, making the specific terminology used by parents irrelevant to the district's obligation.
The D.C. Circuit affirmed the district court's dismissal of a complaint filed against the President, ruling that the pleading failed to provide fair notice of the claims under Federal Rule of Civil Procedure 8(a). The court further held that the district court properly declined to grant leave to amend sua sponte because the appellant identified no viable amendments that would entitle her to relief.
The United States Court of Appeals for the Fifth Circuit affirmed a preliminary injunction blocking a Louisiana statute requiring public schools to display the Ten Commandments. The court held that the statute violates the Establishment Clause and that the plaintiffs have standing to challenge it.
The Ninth Circuit affirmed a district court's decision to apply a fluctuating federal interest rate to a mixed federal and state law judgment. The court held that when a verdict does not distinguish between state and federal claims, the district court retains discretion to select the rate that most accurately compensates the plaintiff for lost wages.
