Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
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.
The Fifth Circuit affirmed the district court's dismissal of Henry Berrocal's pro se complaint under 28 U.S.C. § 1915(e). The appellate court found no reversible error after reviewing the record with the requisite liberal construction afforded to pro se litigants.
The Fifth Circuit dismissed portions of Henry Berrocal's appeal regarding sanctions and recusal as non-appealable interlocutory orders lacking jurisdiction. The court also dismissed the appeal of the preliminary injunction denial as frivolous, finding the district court properly relied on judicial notice of a completed foreclosure sale.
The Third Circuit affirmed the grant of summary judgment, holding that correctional officers were entitled to qualified immunity for rejecting an inmate's bulk religious mailings. The court ruled that at the time of the alleged violations, it was not clearly established law that prison officials could not require religious pamphlets to be routed through the chaplaincy rather than sent directly to inmates.
The Eighth Circuit affirmed summary judgment for a Minneapolis police officer who used a less-lethal projectile against a protester during the 2020 riots, ruling the force was objectively reasonable under the Fourth Amendment. The court also upheld the dismissal of the officer's qualified immunity defense and the district court's refusal to exercise supplemental jurisdiction over state law claims.
The Eighth Circuit reversed the National Labor Relations Board's order finding that a hospital violated the National Labor Relations Act by withdrawing union recognition immediately after a decertification election vote. The court held that an employer may withdraw recognition at its peril before formal certification, meaning no violation occurs if the election results are ultimately upheld.
The D.C. Circuit affirmed the district court's dismissal of a complaint filed by a pro se litigant who sought to assert claims on behalf of others. The court held that the appellant lacked Article III standing because he failed to allege a particularized injury to himself.
The Sixth Circuit affirmed summary judgment for an employer, ruling that the plaintiff failed to prove his termination was pretextual discrimination under the ADA. The court held that the company's stated reason for firing the employee—searching co-workers' bags without permission—was supported by video evidence and the honest-belief rule.
The Fourth Circuit affirmed a district court's reduced award of attorney's fees in a Title VII employment retaliation case, holding that the trial court did not abuse its discretion. The appellate court emphasized that determining reasonable fees requires substantial deference to the trial judge's intimate knowledge of the case.
The Fifth Circuit affirmed the dismissal of a couple's Section 1983 claims alleging false and retaliatory arrest, ruling that police officers had probable cause for both incidents. The court held that the plaintiffs failed to overcome the qualified immunity defense because the officers' actions did not violate clearly established law.
