Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The United States Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board decision denying a federal employee's whistleblower retaliation claim. The court held that the agency proved by clear and convincing evidence it would have terminated the employee for speeding violations regardless of her protected disclosures.
The Fifth Circuit affirmed a district court dismissal based on res judicata. The court held that the plaintiff could have raised claims regarding the Repeat Offender Program in a prior state court lawsuit.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a pro se plaintiff's civil rights claims against private adoption entities. The court held that the plaintiff failed to allege violations committed by a state actor as required under Section nineteen eighty-three of the United States Code.
The Eighth Circuit upheld the dismissal of Megan Cowden's suit challenging a federal tax lien. But it modified the judgment to make clear the dismissal was without prejudice because the district court lacked subject matter jurisdiction.
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 the New Mexico Trappers Association's claims for lack of standing. The court found the alleged injuries were not redressable or ripe for review.
The Tenth Circuit dismissed an interlocutory appeal for lack of subject-matter jurisdiction. The appeal involved a denial of a motion for summary judgment based on qualified immunity.
The Eleventh Circuit affirmed the dismissal of FTCA claims due to failure to properly present them within the statutory period. The court found that emails sent by the plaintiffs' law firm did not satisfy the presentation requirement.
