Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Ninth Circuit reversed a district court judgment, holding that parents' IDEA claims for services received before 2019 were time-barred. The court ruled that the two-year statute of limitations began when parents knew or should have known of the school's failure to assess and the resulting denial of a free appropriate public education.
The Fifth Circuit affirmed the dismissal of a challenge to a Harris County administrative order restricting public access to criminal defendants' contact information in bail bond orders. The court held that the order constitutes a permissible denial of access to government information rather than a violation of the First Amendment, and that the presiding judge acted within her statutory authority.
The Eighth Circuit affirmed the Board of Immigration Appeals' denial of a motion to reopen removal proceedings and a motion to remand based on ineffective assistance of counsel. The court held that the motion to reopen was properly denied as speculative due to the lack of a USCIS Notice of Action at the time of filing, and that the petitioner failed to demonstrate prejudice from alleged counsel delays.
The Fourth Circuit affirmed a district court protective order prohibiting defendants from disclosing the identities of Afghan plaintiffs who aided U.S. efforts. The court held that while the order is a content-based prior restraint, it satisfies strict scrutiny by serving the compelling government interest in national security.
The Ninth Circuit affirmed the denial of Katherine Lea Stanfield's federal habeas petition, ruling that the Idaho Supreme Court did not unreasonably apply federal law when admitting expert testimony about a technician's statements. The court held that the Confrontation Clause was not violated because the testifying expert had personal knowledge of the evidence's accuracy and the technician's labeling served a laboratory purpose rather than a trial purpose.
The Fourth Circuit affirmed Dustin Wilson's conviction, ruling that his trial counsel's decision to advocate for medical treatment rather than pre-trial release was objectively reasonable. The court found no evidence that Wilson's medical condition would have secured his release or that his guilty plea was the result of ineffective assistance.
The Federal Circuit dismissed a petition for a writ of mandamus because the underlying employment discrimination case does not fall within its limited statutory jurisdiction. The court ordered the immediate transfer of the petition to the United States Court of Appeals for the Eleventh Circuit, which has proper appellate authority over the Northern District of Georgia.
The Federal Circuit affirmed the Merit Systems Protection Board's dismissal of a nurse's whistleblower retaliation claim, ruling that the Department of Veterans Affairs met its burden of proof. The court held that the agency presented clear and convincing evidence that it would have taken the same personnel actions regardless of the employee's protected disclosures.
The Federal Circuit summarily affirmed the dismissal of a lawsuit seeking damages for alleged due process and ADA violations, ruling that the Court of Federal Claims lacks jurisdiction over claims against state actors. The court held that the Tucker Act does not authorize the Court of Federal Claims to adjudicate suits against non-federal entities or to review the decisions of other federal circuits.
The Fifth Circuit affirmed the district court’s injunction against Texas S.B. 10, holding that mandating Ten Commandments displays in public classrooms violates the Establishment Clause under the *Lemon* test and constitutes unconstitutional coercion burdening religious exercise.…
