Topic
Every decision we've filed under Civil.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in this civil rights appeal. Judgment has been entered in accordance with the court's decision.
The Fifth Circuit affirmed the dismissal of a § 1983 lawsuit alleging wrongful arrest because the arresting officer possessed probable cause based on the totality of circumstances. The court held that the subsequent dismissal of the underlying assault charge does not negate the existence of probable cause at the time of arrest.
The Ninth Circuit affirmed that journalists and protesters likely succeeded on First Amendment retaliation claims against federal officers but vacated a preliminary injunction as overbroad. The court remanded the case for the district court to fashion a narrower order strictly tailored to the specific harms alleged by the plaintiffs.
The Ninth Circuit denied a petition for review of a Department of Homeland Security reinstatement order, ruling that an approved visa petition does not create a vested right to adjust status before the Illegal Immigration Reform and Immigrant Responsibility Act. The court further held that aliens must demonstrate actual prejudice to claim a due process violation for the denial of counsel in reinstatement proceedings.
The Fifth Circuit affirmed summary judgment, holding that Louisiana's workers' compensation statute provides the exclusive remedy for a federal inspector injured while performing duties under a contract service agreement. The court ruled that the exporter was a statutory employer under the two-contract defense, thereby barring the inspector's tort claims against the company.
The Fourth Circuit affirmed the district court's denial of a petition to return a child to France under the Hague Convention, finding the child faced a grave risk of harm if returned. The court held that the lower court did not clearly err in crediting evidence of abuse and declining to exercise discretion to order the child's return.
The Fifth Circuit affirmed summary judgment because the plaintiff failed to timely oppose the defendant's motion despite prior warnings and multiple continuances. The court held that the district court acted within its discretion to deny the emergency filing request and treat the motion as unopposed under Federal Rule of Civil Procedure 56.
The Fifth Circuit affirmed summary judgment against Robert Allen Stanford, holding that his prior criminal convictions established civil liability under federal securities laws through collateral estoppel. The court found Stanford forfeited all substantive challenges to jurisdiction and the definition of certificates of deposit by failing to raise them at the summary-judgment stage.
The Eleventh Circuit affirmed the denial of a prisoner's motion to reopen the appeal period because the filing missed the statutory deadline. Consequently, the court lacks jurisdiction to review the underlying habeas dismissal, leaving the district court's ruling in full force.
The Eleventh Circuit affirmed the dismissal of a pro se civil rights complaint because the plaintiff failed to cure specific deficiencies identified by the district court. The court held that the dismissal without prejudice was not an abuse of discretion since the statute of limitations had not yet expired.