Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Ninth Circuit vacated a district court's summary judgment in a prisoner's civil rights case, ruling that the lower court erred by dismissing the plaintiff's factual declaration as merely self-serving. The appellate court clarified that credibility determinations are functions reserved for a jury, not a judge, at the summary judgment stage.
The Sixth Circuit affirmed Antjuan Pierre Jackson's conviction for fentanyl-related drug charges, rejecting his claims that evidence was unlawfully seized and that the government discriminated during jury selection. The court found the search warrant supported probable cause and that the district court did not clearly err in accepting the government's race-neutral reasons for striking jurors.
The Ninth Circuit affirmed the dismissal of a pro se civil rights lawsuit because the complaint was too verbose and conclusory to state a plausible claim. The court further held that the district court properly denied leave to amend because any amendment would have been futile.
The Sixth Circuit affirmed summary judgment for police officers and the City of Glasgow, holding that the officers were entitled to qualified immunity when using force against a drug-intoxicated suspect who actively resisted arrest. The court ruled that the use of a taser and knee strikes did not violate clearly established law because the suspect was struggling and refusing to comply with commands.
The Ninth Circuit affirmed the district court's grant of summary judgment in a § 1983 false arrest action, holding that the plaintiff failed to prove the officers made false statements to obtain a warrant or lacked probable cause. The court further ruled that supervisory liability was properly denied because there was no evidence the police chief participated in or caused the alleged constitutional violation.
The Fifth Circuit affirmed a district court's award of litigation costs to Southern Methodist University, ruling that the university qualified as a prevailing party despite one plaintiff's claims surviving summary judgment. The court held that SMU was entitled to recover fees for deposition videos, transcripts, and copying under 28 U.S.C. § 1920 because these expenses were necessary for trial preparation.
The Ninth Circuit affirmed the district court's denial of a pro se motion for reconsideration in a civil rights action, finding the appellant failed to establish grounds for relief under Federal Rule of Civil Procedure 60(b). The court also rejected an unsupported claim of judicial bias and declined to consider arguments not raised in the opening brief.
The Fifth Circuit affirmed summary judgment for the Department of Veterans Affairs on Judy Vuong's claims of race, color, and sex discrimination and retaliation. However, the court reversed and remanded the case regarding her hostile work environment claim, finding the district court erred by dismissing it sua sponte without notice.
The Ninth Circuit affirmed a district court's grant of summary judgment in a prisoner's civil rights lawsuit alleging that prison officials were deliberately indifferent to his health risks during the COVID-19 pandemic. The court held that the plaintiff failed to provide sufficient evidence that officials knew of and disregarded an excessive risk to his safety.
The Fifth Circuit affirmed the district court's dismissal of Mike Bwondara's pro se complaint with prejudice. The appellate court found no reversible error after reviewing the record and applying liberal construction to the plaintiff's brief.
