Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Ninth Circuit affirmed the dismissal of a pro se plaintiff's civil rights lawsuit because he failed to comply with district court orders. The court held that the district court acted within its discretion under Federal Rule of Civil Procedure 41(b) and that the plaintiff waived any objections to the magistrate judge's report by failing to raise them.
The Ninth Circuit affirmed a district court's summary judgment in a prisoner's civil rights case, ruling that the lower court did not abuse its discretion in denying motions to reopen discovery. The appellate court held that the appellant failed to demonstrate the diligence required to justify additional discovery or show that such discovery would have prevented summary judgment.
The Ninth Circuit affirmed the dismissal of a California state prisoner's pro se lawsuit alleging First Amendment retaliation. The court held that the plaintiff failed to allege sufficient facts to establish a plausible causal connection between his protected conduct and the adverse actions taken against him.
The Eleventh Circuit affirmed a jury verdict holding a police officer liable for excessive force after tasing a fleeing, non-resisting suspect who fell down a steep embankment. The court also upheld the district court's reduction of punitive damages to $1 million while rejecting the plaintiff's claim of municipal liability against the City of Atlanta.
The Sixth Circuit affirmed sanctions against plaintiff Glenn Whiting and his attorney for filing a pattern of frivolous lawsuits against the City of Athens and its officials. The court held that the claims lacked legal merit due to absolute immunities and privileges, and that the litigation constituted a harassment campaign draining public resources.
The Fourth Circuit held that genuine issues of material fact exist regarding whether prison officials were deliberately indifferent to a prisoner's serious physical disabilities by denying him out-of-cell exercise. The court affirmed the dismissal of the claim against the Department of Corrections Director but vacated summary judgment for the local officials, remanding the case for trial.
The Seventh Circuit affirmed summary judgment for prison guards, ruling that a prisoner's failure to use established religious accommodation procedures precluded a finding of liability for refusing to hire him. The court further held that a guard's offhand comment calling a prisoner a snitch did not violate clearly established First Amendment law, shielding the officer from liability.
The Sixth Circuit affirmed summary judgment for a Catholic school, ruling that a single instance of racial slurring by a classmate and a teacher's insensitive lesson did not constitute actionable harassment under Title VI. The court held that the school's prompt investigation and remedial actions, including removing the teacher from chaperone duties and providing diversity training, defeated claims of deliberate indifference.
The Eleventh Circuit affirmed the dismissal of a pro se prisoner's civil rights complaint for failure to comply with a specific district court filing injunction. The court rejected the appellant's argument that the injunction was an impermissible universal injunction under recent Supreme Court precedent.
The Eleventh Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 complaint alleging Brady and Giglio violations because the allegations were conclusory and failed to state a plausible claim. The court clarified that prosecutors have no constitutional duty to disclose impeachment evidence prior to a guilty plea, which negated the plaintiff's due process argument.
