Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Tenth Circuit affirmed the dismissal of Emit Ball's employment discrimination claims because he failed to file required administrative charges within the statutory deadlines. The court rejected arguments for equitable tolling and the continuing violation doctrine, holding that the employment relationship's end precluded such exceptions.
The Tenth Circuit affirmed a district court's award of attorney's fees to a defendant under a Colorado statute, rejecting the plaintiff's arguments that the claims were primarily federal civil rights cases. The court held that while federal law preempts fee awards for § 1983 claims, the statute applies to the separate state-law tort claims dismissed in the case.
The Sixth Circuit affirmed summary judgment for defendants in an excessive-force suit because the plaintiff failed to exhaust administrative remedies. The court held that the Prison Litigation Reform Act bars litigation when an inmate has not filed a standard grievance or provided evidence of an informal one in the district court.
The First Circuit affirmed summary judgment for Universal Insurance Company, holding that a Puerto Rico Supreme Court decision clarifying the scope of professional services exclusions applied retroactively to pending cases. The court rejected the appellant's argument that the intervening precedent created new law, finding instead that it merely clarified existing statutory interpretation.
The Ninth Circuit affirmed the dismissal of several claims in a challenge to California's bail agent licensing law because the injuries were speculative and not yet ripe. However, the court reversed the denial of leave to amend, holding that the plaintiff could have pleaded facts to establish ripeness and a plausible retaliation claim.
The Eleventh Circuit affirmed the district court's grant of summary judgment and denial of a motion to stay in a civil rights and employment dispute involving a former police chief. The appellate court held that the appellant failed to challenge material facts or the lower court's reasoning, rendering the appeal frivolous under the summary affirmance standard.
The Tenth Circuit affirmed the denial of a preliminary injunction on the alternate ground that the motion was moot. Because the school district modified the access ban to match the relief sought, there was no longer a live controversy to resolve.
The Tenth Circuit dismissed this appeal because the notice of appeal was filed nearly two years after the district court's final order, violating the mandatory jurisdictional deadline. The court held that timely filing is a jurisdictional requirement that cannot be waived by pro se status.
The Tenth Circuit affirmed the denial of a motion to suppress evidence, holding that a lessee's general consent to search a unit for a suspect extended to the unit's roof. The court found officers lawfully seized a firearm from the roof under the plain-view doctrine because the search remained within the scope of that consent.
The Tenth Circuit affirmed the dismissal of a challenge to a USCIS denial of lawful permanent resident status because the case became moot. The court held that USCIS provided the specific relief sought by reopening the application and issuing a new decision, thereby dissipating the controversy.
