Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Fifth Circuit affirmed the denial of a motion to suppress evidence found on a microSD card, ruling that the subsequent warrant search was constitutional under the good faith exception. The court held that an officer's reliance on the warrant was objectively reasonable because the legality of the school district's initial search was unclear.
The Fourth Circuit affirmed the district court's grant of summary judgment in a civil rights action, holding that the plaintiff waived appellate review of claims barred by the statute of limitations. For the remaining claims, the court found no reversible error after a de novo review of the record.
The Ninth Circuit affirmed the denial of a preliminary injunction against a congressionally mandated land exchange involving Oak Flat. The court held that plaintiffs failed to demonstrate a likelihood of success on the merits of their claims under NEPA, RFRA, and the Free Exercise Clause, leaving the land transfer to proceed.
The Tenth Circuit affirmed summary judgment for police officers in a Fourth Amendment excessive force case, holding they were entitled to qualified immunity. The court found the officers' use of force was objectively reasonable because the plaintiff remained actively resistant even after being tased.
The First Circuit reversed a district court order allowing the collection of attorneys' fees against Puerto Rico's election commission, holding that the fee award was a discharged claim under Puerto Rico's PROMESA debt restructuring plan. The court ruled that the claim arose before the plan's effective date and was barred because the plaintiffs failed to file a proof of claim by the administrative expense deadline.
The Tenth Circuit affirmed the district court's partial denial of a habeas motion, holding that ineffective assistance of counsel regarding jury instructions on controlled substances did not prejudice a defendant's separate healthcare fraud convictions. The court reasoned that the fraud charges relied on distinct evidence and legal elements unrelated to the intent required for distributing controlled substances.
The Third Circuit granted the Government's motion for summary action, denying a Colombian national's petition for review of her removal order. The court affirmed the lower agencies' findings that the petitioner failed to exhaust her claims regarding a new particular social group and did not adequately challenge the legal basis for the denial of her asylum applications.
The Tenth Circuit affirmed the dismissal of a Title IX and Fourteenth Amendment lawsuit because the plaintiff failed to prosecute the case after her attorneys withdrew. The court held that the plaintiff forfeited appellate review of the underlying dismissal by not filing a timely motion to vacate.
The Eleventh Circuit affirmed the district court's dismissal of Willie Mitchell Sr.'s amended complaint, ruling that his claims were frivolous and failed to state a valid cause of action. The court held that despite prior orders to clarify his allegations, Mitchell's complaint remained a deficient 'shotgun pleading' barred by statutes of limitations, immunity doctrines, and a lack of private rights of action.
The Fifth Circuit affirmed summary judgment because the plaintiff failed to exhaust administrative remedies for most claims and provided no factual support for her discrimination theories. The court held that the employer's uniform security policy did not constitute discrimination under the ADA, ADEA, or Title VII.
