Ercole A. Mirarchi v. John G. Roberts, Jr., et al.
The United States Court of Appeals for the Federal Circuit granted a motion to withdraw an appeal filed by Ercole A. Mirarchi. The court dismissed the appeal with each side to bear its own costs.
Topic
Every decision we've filed under Civil.
The United States Court of Appeals for the Federal Circuit granted a motion to withdraw an appeal filed by Ercole A. Mirarchi. The court dismissed the appeal with each side to bear its own costs.
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 dismissed an appeal challenging a district court's denial of a stay on a real property sale in a bankruptcy case, ruling the order was not final and appealable. The court found the appeal lacked jurisdiction because the order did not meet the finality requirement or any narrow exceptions.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in this case. Judgment has been entered in accordance with the court's decision.
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.
The Fifth Circuit withdrew its prior opinion and vacated the EPA's disapproval of Texas's State Implementation Plan, remanding the matter for reconsideration. The court found that the EPA's subsequent notice of proposed rulemaking indicated it relied on new modeling data that was unavailable to Texas when it submitted its plan.
The Fifth Circuit affirmed the dismissal of a plaintiff's claim that the City of Corpus Christi selectively enforced building codes against her historic property in violation of the Equal Protection Clause. The court held that the plaintiff failed to plead sufficient facts to establish a municipal policy or custom of discrimination under Section 1983.
The Ninth Circuit affirmed the denial of a preliminary injunction against a congressionally mandated land exchange in the Tonto National Forest, ruling that plaintiffs failed to demonstrate a likelihood of success on their claims under environmental, historic preservation, and religious freedom laws.
The Third Circuit affirmed a district court's grant of summary judgment to prison medical providers, ruling that their extensive treatment of a prisoner did not constitute deliberate indifference. The court held that disagreements over medical judgment, such as the timing of a diagnosis or the choice of medication, are insufficient to prove an Eighth Amendment violation.