Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Tenth Circuit affirmed in part, reversed in part, and remanded a prisoner's civil rights complaint regarding medical care and diet. The court held that the plaintiff adequately alleged deliberate indifference and retaliation against two specific defendants while dismissing claims against the remaining parties.
The Tenth Circuit reversed a district court's dismissal of a pro se employment discrimination complaint. The appellate court held that the district court erred by dismissing the case based on a statute of limitations defense without allowing the plaintiff to develop facts supporting equitable tolling.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of an employment discrimination claim for failing to meet the Twombly and Iqbal pleading standards. The court held that the plaintiff's complaint contained only conclusory allegations without sufficient factual detail to render the claim plausible.
The Eleventh Circuit reversed a district court judgment that reduced a sex discrimination damages award based on a waived affirmative defense. The court held that the employer failed to plead the employee headcount cap, entitling the plaintiff to the combined statutory maximums under federal and state law.
The Fifth Circuit affirmed a district court dismissal of a pro se wrongful death suit against the United States Postal Service and a labor union. The court modified the judgment to clarify that the dismissal was without prejudice to the plaintiff's ability to pursue the claims in a pending earlier-filed suit.
The First Circuit affirmed the dismissal of a qui tam action under the False Claims Act, holding that the relators failed to plead fraud with the particularity required by Federal Rule of Civil Procedure nine point B.
The United States Court of Appeals for the First Circuit reversed the district court's denial of a motion to dismiss, holding that the plaintiffs lacked standing to pursue prospective relief under Section nineteen eighty-three because they failed to allege a concrete and imminent injury.
The Eleventh Circuit affirmed the dismissal of Michael Townes's complaint seeking relief from civil disabilities arising from his federal conviction. The court held that Townes lacked Article III standing and that his claims were premature under the rule established in Heck v. Humphrey.
The United States Court of Appeals for the Eleventh Circuit affirmed the denial of a habeas corpus petition filed by a Florida prisoner. The court held that the petitioner failed to demonstrate prejudice from his trial counsel's alleged failure to retain expert witnesses.
The Fourth Circuit affirmed a district court dismissal of a utility company's federal lawsuit challenging state agency penalties. The court held that the company waived its right to a jury trial and failed to state a claim that the penalties were unconstitutionally excessive.
