Topic
Every decision we've filed under Constitutional.
The Eleventh Circuit held that sovereign immunity bars a suit seeking specific performance of contract amendments to college savings plans. While the court agreed the district court correctly found the suit barred, it vacated the dismissal with prejudice and remanded for dismissal without prejudice.
The Tenth Circuit denied Gary Lowe's request for a certificate of appealability, finding that reasonable jurists could not view the district court's denial as debatable or wrong. The court concluded that Lowe's claims of judicial bias and ineffective assistance of counsel lacked merit due to a lack of transcript support and a misunderstanding of local rules.
The Fourth Circuit affirmed Dustin Wilson's conviction, ruling that his trial counsel's decision to advocate for medical treatment rather than pre-trial release was objectively reasonable. The court found no evidence that Wilson's medical condition would have secured his release or that his guilty plea was the result of ineffective assistance.
The Seventh Circuit affirmed the denial of a preliminary injunction against Wisconsin's requirement for FDA authorization before selling electronic nicotine delivery systems. The court held that the Federal Food, Drug, and Cosmetic Act and the Tobacco Control Act do not preempt state laws regulating the sale of these products.
The Ninth Circuit affirmed the denial of Phosavan Khamnivong's motion to vacate his sentence, ruling that the district judge did not abuse his discretion by declining to recuse himself. The court held that the judge's minimal contacts with a witness were insufficient to cause a reasonable person to question his impartiality.
The Fifth Circuit reversed the denial of summary judgment, holding that a deputy's brief push and pull of a mother at a school constituted de minimis force insufficient to violate the Fourth Amendment. Because the force used was nominal, the deputy is entitled to qualified immunity and the plaintiffs' federal and state law claims must be dismissed.
The Ninth Circuit affirmed the denial of a motion to suppress evidence, ruling that an officer's opening of a driver's door was reasonable to ensure safety and facilitate communication. Even assuming the door opening was unlawful, the court held that probable cause for a vehicle search was independently established by a second officer detecting marijuana odor.
The Ninth Circuit affirmed the denial of Stuart Seugasala's motion for relief from judgment, rejecting claims of procedural error and judicial bias. The court held that any procedural missteps were harmless and found no reasonable basis to question the district judge's impartiality.
The Ninth Circuit affirmed the denial of Stuart Seugasala's motion for relief from judgment, ruling that any procedural error by the district court was harmless. The court further held that the district judge did not abuse his discretion by declining to recuse himself despite minimal undisclosed contacts with a witness.
The Eleventh Circuit affirmed the district court's order civilly committing a defendant found not guilty by reason of insanity, holding that substantial evidence supported the finding that his mental illness posed a substantial risk of bodily injury to others if released. The court concluded that the statutory criteria for continued custody were met despite the defendant's stable condition in a structured facility.