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The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court's decision confirms that the district court's judgment remains in effect while excusing the defendant from further appellate proceedings.
The Fourth Circuit dismissed an appeal because the pro se appellant failed to file specific objections to a magistrate judge's recommendation after receiving proper notice. This procedural failure forfeited the appellant's right to appellate review of the district court's underlying order.
The Fourth Circuit vacated the district court's grant of qualified immunity, holding that a non-threatening, unarmed, and passively resisting suspect possesses a clearly established Fourth Amendment right to be free from unnecessary K-9 deployment. The court concluded that Officer Hagen's use of force was disproportionate under existing precedent, requiring the case to proceed to trial rather than being dismissed at this procedural stage.
The Seventh Circuit vacated a dismissal of an ADA claim because the district court failed to address the plaintiff's argument for equitable tolling. While the court affirmed that the plaintiff's initial intake form did not count as a statutory charge, it ordered a remand to determine if the agency's confusing communications warranted extending the filing deadline.
The Sixth Circuit affirmed summary judgment against Edward Khalil, ruling that he failed to provide sufficient evidence that police officers knowingly fabricated evidence or suppressed impeachment material. The court held that Khalil could not meet the strict due process standards required to prove subjective bad faith or demonstrate that the alleged misconduct affected the outcome of his trial.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court concurred with the attorney's assessment that the case presented no grounds for appellate relief under the Anders standard.
The Fourth Circuit affirmed the dismissal of a pro se civil rights complaint because the appellant failed to challenge the specific legal basis for the lower court's order in his informal brief. Under Fourth Circuit Rule 34(b), this omission forfeited appellate review, leaving the district court's dismissal and denial of postjudgment motions intact.
The Fourth Circuit granted a motion to stay the removal of a petitioner pending appeal, temporarily halting his deportation. The court deferred ruling on the government's motion to dismiss the appeal until a panel is assigned to review the case.
The Third Circuit affirmed summary judgment for Trooper Nicholas Stolar, holding that while omitting self-defense evidence from a probable cause affidavit can violate the Fourth Amendment, the right was not clearly established at the time of the arrest. Consequently, Trooper Stolar retains qualified immunity despite the court's new rule requiring officers to disclose known facts that conclusively negate the mental state of a charged crime.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act. The court holds that Arch's arguments are precluded by binding precedent from a prior published decision involving identical facts.
