Correspondent
Federal courthouse correspondent, covers civil rights, employment discrimination, housing rights, and Second Amendment disputes.
The Fifth Circuit dismissed the appeal of a former Texas prisoner seeking to challenge his conviction, ruling that his claims were untimely and failed to state a valid cause of action. The court held that the appellant's allegations of conspiracy and discrimination were conclusory and that he cannot raise new theories of relief for the first time on appeal.
The Fifth Circuit affirmed the dismissal of a former city employee's due process claims, ruling that her at-will employment status negated any protected property interest in her job. The court further held that her substantive due process claim was time-barred because the termination became final upon receipt of the notice, not after the internal appeal process concluded.
The Fifth Circuit affirmed the dismissal of a public employee's claims alleging retaliation and discrimination based on a Facebook post. The court held that the plaintiff failed to plausibly allege his speech addressed a matter of public concern or that he properly pleaded a name-clearing hearing request.
The Tenth Circuit affirmed the district court's grant of summary judgment to Netflix, ruling that the use of a funeral video clip in the documentary Tiger King constituted fair use. The court also held that the plaintiffs waived their argument regarding the scope of employment for seven other videos, leaving the lower court's work-for-hire determination intact.
The Fifth Circuit denied the petition for rehearing en banc in Jamaion Wilson's machinegun possession case, leaving the panel's conviction intact. While nine judges acknowledged that existing circuit precedent may conflict with the Second Amendment, they ruled that the specific arguments raised in this appeal were procedurally insufficient to warrant a full court review.
The Fourth Circuit affirmed the dismissal of multiple civil actions filed by pro se appellant Tremel Marquis Rosser against various federal officials. The court held that Rosser forfeited his right to appellate review because his informal brief failed to challenge the specific legal basis for the district court's dispositions.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a civil rights action. The court held that the appellant forfeited appellate review by failing to challenge the basis for the dismissal in his informal brief.
The Ninth Circuit dismissed an appeal challenging the denial of a renewed temporary restraining order because such denials are generally not appealable. The court found the district court's ruling was procedural and did not resolve the merits of the case, meaning the plaintiffs retain the right to seek a preliminary injunction.
The Fourth Circuit affirmed the district court's dismissal of Trevor Andrew Jones's civil rights complaint for failure to state a claim. The court declined to address the merits of the constitutional allegations, upholding the procedural dismissal while denying related motions to strike and appoint counsel.
The Ninth Circuit affirmed a negligence judgment in favor of a truck driver's victim, ruling that the driver's conduct lacked the 'evil mind' required for punitive damages under Arizona law. The court further held that sufficient medical evidence supported the causal link between the accident and the plaintiff's vision loss, rejecting arguments for a new trial or judgment as a matter of law.
