Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state court. The court held that it is unclear whether Arizona procedural rules bar such a claim in a second post-conviction petition.
The Eleventh Circuit affirmed the dismissal with prejudice of a pro se plaintiff's Fair Credit Reporting Act complaint. The court held that the plaintiff abandoned his arguments on appeal and that the district court properly exercised its inherent power to manage its docket.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal challenging the reasonableness of a below-guideline sentence. The court held that the defendant had knowingly and voluntarily waived his right to appeal in his plea agreement.
The Fourth Circuit vacated and remanded a district court dismissal of a takings claim and a state nuisance claim arising from a stalled Baltimore redevelopment project. The appellate court held that plaintiffs had standing to bring the takings claim but failed to state a valid claim because they did not own the property taken.
The United States Court of Appeals for the Fourth Circuit affirmed a district court judgment dismissing a Federal Tort Claims Act lawsuit against the Department of Veterans Affairs. The appellate court held that the plaintiff's claims were time-barred and that her gender discrimination claim was unexhausted.
The United States Court of Appeals for the Fifth Circuit affirmed the district court's grant of summary judgment in a sex discrimination and retaliation case. The court held that the plaintiff failed to establish a prima facie case of discrimination and could not prove that the employer's reasons for termination were pretextual.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a pro se litigant who failed to challenge the district court's dismissal of her civil rights complaint. The court denied the motion to proceed in forma pauperis and found the appeal lacked arguable merit due to abandonment.
The Fifth Circuit reversed the dismissal of a Fourth Amendment claim regarding a police re-entry into a home after officers realized they were at the wrong address. The court affirmed the dismissal of an excessive force claim, finding that pointing a gun at a sleeping couple in this context did not violate clearly established law.
The Sixth Circuit affirmed a summary judgment ruling in favor of dental school administrators sued for First Amendment retaliation. The court held that the plaintiff's speech regarding protective gear and workplace conditions did not address a matter of public concern.
The United States Court of Appeals for the Sixth Circuit affirmed the dismissal of a federal employee's Title VII claims against the Attorney General. The court held that the plaintiff failed to plead sufficient facts to establish that her harassment or termination was based on her sex or other protected characteristics.
