Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Eleventh Circuit dismissed an appeal because the district court had not yet issued a final judgment. The appellate court lacked jurisdiction because the underlying case remained open to further amendment.
The Ninth Circuit affirmed a district court order denying a motion to remand a state-law assault claim to state court. The panel held that the claim was completely preempted by federal labor law because it alleged a breach of the union's duty of fair representation.
The Eleventh Circuit affirmed the district court's grant of summary judgment on most employment discrimination claims brought by a former employee. The court vacated the denial of expenses and remanded for further proceedings based on the terms of a consent judgment.
The Seventh Circuit affirmed the dismissal of a due process challenge brought by correctional officers terminated for using force before exhausting other options. The court held that the department rule requiring force only as a last resort was not unconstitutionally vague as applied to the officers.
The United States Court of Appeals for the District of Columbia Circuit vacated the dismissal of discrimination claims brought by a former Department of Energy employee. The court held that the district court erred by failing to consider a specific allegation regarding religious discrimination found in the plaintiff's opposition to a motion to dismiss.
The Eleventh Circuit affirmed in part and reversed in part a district court dismissal of a class action alleging that Florida underfunded its only historically Black university. The appellate court held that the district court erred by weighing evidence outside the complaint and failing to accept the students' well-pled allegations as true.
The Tenth Circuit dismissed a prisoner's Section 1983 appeal as frivolous after he failed to meaningfully challenge the district court's reasons for dismissal. The court said Section 1983 was not a proper vehicle for attacking his state convictions and sentence.
The United States Court of Appeals for the Fourth Circuit granted a petition for review regarding miner's benefits under the Black Lung Benefits Act. The court vacated the Benefits Review Board's order and remanded the case to direct the Black Lung Disability Trust Fund to pay the benefits.
The Eleventh Circuit affirmed the district court's dismissal of a pro se plaintiff's complaint alleging violations of the Americans with Disabilities Act and the Eighth Amendment. The court held that the plaintiff failed to adequately allege deliberate indifference required to hold government entities liable for disability discrimination.
The Fourth Circuit affirmed a district court's grant of summary judgment in a Title VII hostile work environment case. The court held that a teacher failed to provide sufficient notice to school officials that student harassment was based on race or sex.
