Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Eleventh Circuit dismissed Kevin Lamonte Kelly's appeal sua sponte because his notice of appeal was filed four days past the statutory deadline. The court held that the prison mailbox rule did not save the appeal since the filing date still exceeded the 30-day limit set by federal statute.
The Eleventh Circuit vacated a district court order that overturned a jury verdict finding an employer liable for retaliation under 42 U.S.C. § 1981. The appellate court held that the district court erred by failing to view the evidence in the light most favorable to the non-moving party when assessing whether the employee's resignation was voluntary.
The Ninth Circuit affirmed summary judgment for Eli Lilly in a products liability case involving Cialis, holding that the plaintiffs failed to prove proximate causation under Washington's learned intermediary doctrine. The court further ruled that any potential errors regarding the appointment of counsel and the sham affidavit rule were harmless given the merits of the decision.
The First Circuit affirmed the dismissal of a constitutional challenge to Massachusetts regulations requiring private school students to receive publicly funded special education services at public or neutral locations. The court held that the state's logistical distinction does not infringe on parents' fundamental right to direct their children's upbringing, nor does it violate equal protection principles.
The United States Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal because the document being challenged was not a court order. The court held that an appointment of a trustee made by the U.S. Trustee is not a final judgment or decree of the bankruptcy court subject to appeal.
The Supreme Court held that a §1983 plaintiff seeking purely prospective injunctive relief is not barred by Heck v. Humphrey, even if they have a prior conviction for violating the challenged law. The Court reasoned that Heck only precludes claims where a favorable judgment would necessarily imply the invalidity of the conviction for the purpose of release or damages, not challenges to future enforcement.
The Fourth Circuit affirmed the district court's grant of summary judgment against Tiffany Burnett on her retaliation and Equal Pay Act claims. The court held that Burnett failed to provide evidence beyond conclusory allegations to prove a causal connection between her protected activity and her termination, or that her job duties were substantially similar to those of her comparators.
The Fifth Circuit reversed the district court's grant of summary judgment for protest organizer DeRay Mckesson, holding that sufficient evidence exists for a jury to determine if his negligence in leading a violent protest proximately caused injuries to Officer John Ford. The court emphasized that after eight years of litigation, the case must proceed to trial to resolve factual disputes regarding Mckesson's leadership role and the foreseeability of the violence.
The Fifth Circuit affirmed the district court's dismissal of a pro se plaintiff's civil rights claims, upholding the lower court's application of Federal Rule of Civil Procedure 12(b)(6). While the appellate court applied a liberal construction to the appellant's arguments, it found no reversible error in the dismissal of the case.
The Fifth Circuit reversed a district court's dismissal of a pro se plaintiff's Title VII racial discrimination lawsuit, holding that his complaint adequately alleged hostile work environment and retaliation claims. The court emphasized that pro se pleadings must be liberally construed and need not meet the strict standards of formal legal drafting to survive a motion to dismiss.
