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Plaintiff filed suit against her employer, the Office of Attorney General for the State of Louisiana (DOJ), alleging failure to accommodate, harassment, and retaliation in violation of the Americans with Disabilities Act (ADA), and Louisiana Employment Discrimination Law (LEDL). The Fifth Circuit affirmed the district court's grant of summary judgment in the DOJ's favor, holding that there was no genuine issue of material fact as to whether plaintiff has established a prima facie case on any of her disability-based claims. In regard to the failure to accommodate claim, plaintiff failed to demonstrate that she was a qualified individual, i.e., that she can perform the essential functions of her job unaided or with the assistance of a reasonable accommodation; in regard to the disability-based harassment claim, the difficulties plaintiff managed while attempting to manage her serious illness and employment were not sufficient to create a hostile work environment; and the record did not support that any of the DOJ's actions were taken in retaliation for plaintiff's protected activity. View "Credeur v. Louisiana" on Justia Law

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After the University found that two former students violated the University's sexual misconduct policy, the students filed suit alleging that they were denied constitutional due process and were discriminated against in violation of Title IX. The Fifth Circuit affirmed the district court's grant of summary judgment to the University and the individual defendants, holding that the students did not meet their summary judgment burden to demonstrate a genuine factual dispute that the process surrounding their disciplinary cases was constitutionally defective. The court rejected the students' allegations of selective enforcement and deliberate indifference. In this case, there was no sound basis for an inference of gender bias and the pleadings here did not meet the high standard of misconduct for deliberate indifference. View "Plummer v. University of Houston" on Justia Law

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Petitioner sought relief under 28 U.S.C. 2254 after the district court granted a certificate of appealability on the narrow procedural question of whether a habeas petitioner's claims raised for the first time in objections to a magistrate judge's proposed findings and recommendations must be heard by the district judge. The Fifth Circuit broadly answered in the affirmative, but found in this case that the district court did not commit reversible error. Accordingly, the court affirmed the judgment. View "Samples v. Ballard" on Justia Law

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The City of Houston, Alaska fired its police captain shortly before disbanding its police department. The captain claimed he was terminated in bad faith in order to stop ongoing investigations into city leaders. He challenged: (1) the superior court’s refusal to allow his claim under the Alaska Whistleblower Act; (2) a jury instruction stating that termination for personality conflicts did not constitute bad faith; and (3) an award of attorney’s fees and costs. The Alaska Supreme Court concluded that the court’s refusal to allow his claim under the Whistleblower Act, its decision to give the personality conflict instruction, and its award of attorney’s fees and costs were not erroneous and therefore affirmed. View "McNally v. Thompson" on Justia Law

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Plaintiffs, the parents of six children, filed suit against the District, alleging that it was violating the "Child Find" requirement of the Individuals with Disabilities Education Act (IDEA) by failing to provide special education to their children and hundreds of other preschoolers with disabilities. The district court certified the suit as a class action and entered a comprehensive injunction designed to bring the District into compliance with the IDEA. The DC Circuit held that the case was not moot where it remains justiciable under United States Parole Commission v. Geraghty, 445 U.S. 388 (1980), and where the relation back doctrine applied in this case. The court also held that the district court did not abuse its discretion by certifying subclasses pursuant to Federal Rule of Civil Procedure 23(b)(2). Finally, the court rejected the District's challenges to the injunction, affirming the district court in all respects. View "DL v. District of Columbia" on Justia Law

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Petitioner, convicted of attempted criminal contempt in the second degree and harassment in the second degree, petitioned for habeas relief under 28 U.S.C. 2254. Petitioner was sentenced to a one-year conditional discharge, with the condition that she abide by a two-year order of protection. The Second Circuit affirmed the district court's dismissal of the petition, holding that the order of protection did not place her "in custody" for purposes of section 2254(a). View "Vega v. Schneiderman" on Justia Law

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On September 26, 2014, plaintiff filed suit against the school district, alleging discrimination, hostile work environment, and retaliation claims (Welsh I). On December 16, 2014, the school district filed a plea to the jurisdiction in Welsh I, wherein the school district maintained, inter alia, that plaintiff's claims were barred by the statute of limitations because she filed her lawsuit more than two years after she filed her charge. The state district court granted the plea and dismissed the claims in Welsh I. On May 12, 2005, plaintiff filed this case against the school district (Welsh II), alleging claims for discrimination under Title VII and the Age Discrimination in Employment Act (ADEA), as well as retaliation claims. The Fifth Circuit held that the only claims in Welsh II that were barred under res judicata were those that were mature at the time that plaintiff filed her petition in Welsh I. The court vacated and remanded because the parties have not brief this issue under this framework and because at least some facts supporting plaintiff's alleged claims clearly were not extant at the time Welsh I was filed such that a claim could not have been mature based upon those facts. View "Welsh v. Fort Bend Independent School District" on Justia Law

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Halbach disappeared on Halloween 2005. Her family contacted police after she did not show up at the photography studio where she worked and her voice mailbox was full. Officers focused on the Avery Auto Salvage yard in Two Rivers, Wisconsin, the last place she was known to have gone. Avery, the son of the business owner, lived on the property. That day, Avery called Auto Trader magazine, for whom Halbach worked, to request that she photograph a minivan that he wished to sell. The police suspected that Avery’s 16‐year‐old nephew, Dassey, who also lived on the property, might have information about Halbach’s murder and called Dassey into the police station. After many hours of interrogation over several days, Dassey confessed that he, with Avery, had raped and murdered Halbach and burned her body. Before trial, Dassey recanted his confession. The state failed to find any physical evidence linking him to the crime. He was convicted and sentenced to life in prison. After unsuccessful state appeals and post‐conviction proceedings, Dassey sought federal habeas relief, claiming that he did not receive effective assistance of counsel and that his confession was not voluntary. The Seventh Circuit affirmed the district court in granting relief. The state court did not apply the proper standard; juvenile confessions require more care. “If a state court can evade all federal review by merely parroting the correct Supreme Court law, then the writ of habeas corpus is meaningless.” View "Dassey v. Dittmann" on Justia Law

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Plaintiffs filed suit challenging the constitutionality of a Mississippi statute, HB 1523, asserting that the state government disapproves of and is hostile to same-sex couples, to unmarried people who engage in sexual relations, and to transgender people. HB 1523 provides that the state government shall not take any discriminatory action against persons who act in accordance with certain beliefs in an enumerated set of circumstances. The district court issued a preliminary injunction against the implementation of HB 1523. The Fifth Circuit reversed the preliminary injunction and rendered a judgment of dismissal for want of jurisdiction, holding that plaintiffs did not have standing. In regard to Establishment Clause injury, the court held that the religious display cases did not provide a basis for standing to challenge the endorsement of beliefs that exist only in the text of a statute. Furthermore, neither the religious exercise cases generally, nor Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000), provide support for plaintiffs' standing. In the alternative, plaintiffs have failed to show an injury in fact. The court also held that plaintiffs did not have taxpayer standing to challenge HB 1523 and the Barber plaintiffs did not have standing under the Equal Protection Clause. View "Barber v. Bryant" on Justia Law

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Plaintiff filed a putative class action under Title II of the Americans with Disabilities Act, 42 U.S.C. 12132, alleging that the City had systematically failed to comply with federal and state disability access laws, seeking declarative and injunctive relief. Specifically, plaintiff alleged that the City's public right-of-way, pools, libraries, parks, and recreation facilities were not readily accessible to and usable by mobility-impaired individuals. The Ninth Circuit held that the plaintiff class has standing for claims related to all facilities challenged at trial; the district court’s credibility determinations were based on legal errors and its interpretation of the Disabilities Act Accessibility Guidelines (ADAAG) was erroneous; and the district court properly rejected plaintiff's program access claims. Accordingly, the panel affirmed in part, reversed in part, and remanded for reevaluation of the extent of ADAAG noncompliance. View "Kirola v. City and County of San Francisco" on Justia Law