Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Fourth Circuit affirmed summary judgment for law enforcement officers, holding that a traffic stop and arrest warrant were supported by probable cause under the totality of the circumstances. The court found sufficient evidence of witness intimidation to justify the seizure, rejecting the plaintiff's Fourth Amendment claim.
The Eleventh Circuit affirmed the denial of Stacy Terry's motions to vacate a prior judgment, ruling that she failed to prove the underlying decision was void. The court held that Terry's arguments regarding counsel conflicts and misidentified defendants were meritless and had already been rejected on direct appeal.
The Fourth Circuit vacated the district court's grant of qualified immunity, holding that a non-threatening, unarmed, and passively resisting suspect possesses a clearly established Fourth Amendment right to be free from unnecessary K-9 deployment. The court concluded that Officer Hagen's use of force was disproportionate under existing precedent, requiring the case to proceed to trial rather than being dismissed at this procedural stage.
The Eleventh Circuit affirmed the dismissal of William Scott's lawsuit challenging the IRS's denial of a whistleblower award, holding that such decisions are committed to agency discretion by law. The court also rejected Scott's claim that the district judge should have recused herself, finding no evidence of personal bias.
The Ninth Circuit dismissed a petition for review of a BIA denial of cancellation of removal, holding it lacked jurisdiction over discretionary hardship determinations and factual findings. The court further rejected a claim regarding a defective Notice to Appear because the petitioner failed to exhaust the argument before the agency.
The Tenth Circuit affirmed the dismissal of Wade Reeves' pro se complaint against state officials for failing to meet the pleading standards of Federal Rule of Civil Procedure 8(a)(2). The court held that the district court did not abuse its discretion in closing the case without granting leave to amend because the complaint lacked a short, plain statement of the claim and the proposed amendments would have been futile.
The Ninth Circuit affirmed the dismissal of a First Amendment retaliation claim against Sheriff Captain Tom Boelts, finding his internal communications did not chill a person of ordinary firmness. However, the court reversed the dismissal against Lieutenant John Johnson, holding that the plaintiff adequately alleged the initiation of criminal proceedings without probable cause.
The Sixth Circuit affirmed the dismissal of a takings and civil rights lawsuit brought by homeowners alleging government-induced flooding. The court held that the plaintiffs failed to state a plausible claim because they relied on conclusory allegations and could not prove a government physical invasion or regulatory taking.
The Ninth Circuit held that the National Voter Registration Act does not grant the public a right to access raw statewide voter registration lists. Although the court affirmed that the plaintiff had standing and that the claim was ripe, it ruled that the statute only mandates disclosure of records concerning the implementation of list maintenance programs, not the lists themselves.
The Sixth Circuit affirmed summary judgment against Edward Khalil, ruling that he failed to provide sufficient evidence that police officers knowingly fabricated evidence or suppressed impeachment material. The court held that Khalil could not meet the strict due process standards required to prove subjective bad faith or demonstrate that the alleged misconduct affected the outcome of his trial.
