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A six month delay between a property inspection and notice of a municipal ordinance citation does not violate due process. The Seventh Circuit affirmed the district court's dismissal of plaintiff's amended complaint for failure to state a procedural due process claim under 42 U.S.C. 1983. The court held that the administrative and judicial proceedings available for plaintiff to challenge her citation for growing weeds greater than 10 inches tall in her garden satisfied due process, and the accuracy of the city's interpretation of its ordinance did not implicate the U.S. Constitution. Therefore, plaintiff failed to allege facts supporting a plausible violation of her due process rights. The court rejected plaintiff's alternative theory that the city misinterpreted the ordinance's plain text. View "Tucker v. City of Chicago" on Justia Law

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The Eleventh Circuit affirmed the district court's grant of summary judgment to defendants in an action filed by plaintiff pro se, alleging claims for wage and sex discrimination based on the Equal Protection Clause and the Equal Pay Act (EPA), and retaliation based on her gender in violation of the EPA, as incorporated into the Fair Labor Standards Act. The court held that plaintiff failed to point to any evidence in the record that tended to demonstrate that the interim county manager's stated reasons for denying her higher salary request were false and a pretext for racial or gender discrimination; plaintiff failed to point to any affirmative evidence establishing that his proffered reasons were false or a pretext for unlawful sex discrimination; and plaintiff failed to establish a pretext for retaliation. In this case, the direct supervisor's reason for terminating plaintiff was because she was no longer a "good fit" and lacked the leadership skills necessary to implement successfully many of the proposed changes in the Clerk's office of the Fulton County Juvenile Court. View "Hornsby-Culpepper v. Ware" on Justia Law

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Kevin Patterson has been incarcerated since 2013, having been convicted after a bench trial of seven counts of possession of child pornography. In May 2015 Patterson filed a 121-page civil complaint in superior court in Juneau. The complaint named as defendants the governor and his predecessor, the Alaska Legislature, a state senator, the then-current and two former attorneys general, an assistant attorney general, an attorney with the Office of Public Advocacy, and the State of Alaska. The complaint alleged that these state officials and entities had “directly harmed . . . Patterson in numerous ways and [had] violated his Constitutional Rights over and over.” It sought damages for Patterson’s incarceration, violence and emotional distress he allegedly suffered while in prison, and the alleged denial of medical care. The Alaska Supreme Court affirmed dismissal of Patterson’s complaint, holding a civil suit for damages allegedly caused by a criminal conviction or sentence may not be maintained if judgment for the plaintiff would necessarily imply the invalidity of the conviction or sentence, unless the conviction or sentence has first been set aside in the course of the criminal proceedings. The Court also rejected Patterson’s claim that the superior court demonstrated an unfair bias against him. View "Patterson v. Walker" on Justia Law

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A certified class of minor children in the Permanent Managing Conservatorship (PMC) of DFPS filed suit under 42 U.S.C. 1983, seeking injunctive relief and alleging that Texas' maintenance of its foster care system exposes them to a serious risk of abuse, neglect, and harm to their physical and psychological well-being. The district court granted plaintiffs a permanent injunction requiring sweeping changes to the state's foster care system. The Fifth Circuit held that facts in the record adequately supported the finding that a policy or practice of maintaining overburdened caseworkers directly causes all PMC children to be exposed to a serious risk of physical and psychological harm; the district court correctly found that the State was deliberately indifferent to a substantial risk of serious harm to the Licensed Foster Care (LFC) subclass as a result of its insufficient monitoring and oversight, and that these deficiencies were a direct cause of the constitutional harm; the district court erred in concluding that inadequate placement array causes constitutionally cognizable harm to the LFC subclass and that the State was deliberately indifferent to a substantial risk of serious harm; and to the extent that the lack of awake-night supervision may have sustained a constitutional claim under the circumstances, the remaining policies and their effects did not cause foster group homes (FGH) children an amplified risk of harm sufficient to overcome the threshold hurdle. The court also held that Rule 23-specific arguments were waived. While the district court entered an expansive injunction mandating dozens of specific remedial measures and it was entitled to grant plaintiffs injunctive relief, the court held that the injunction was significantly overbroad. Accordingly, the court vacated the injunction and remanded with instructions to remove the remedial provisions related to placement array and FGHs, and to strike provisions that were not necessary to achieve constitutional compliance. View "M.D. v. Abbott" on Justia Law

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The Seventh Circuit affirmed the district court's grant of summary judgment for Shellpoint in an action alleging that Shellpoint discriminated against plaintiffs based on race when it prohibited them from assuming the loan of a home that they had purchased. The court held that no reasonable jury could find that Shellpoint discriminated against plaintiffs based on their race where their only evidence was vague and speculative. Furthermore, the requirement that plaintiffs satisfy the outstanding loan payment was consistent with the loan agreement, which conditions assumption on Shellpoint's determination that its security would not be impaired. The court also held that plaintiffs did not point to evidence countering the Shellpoint representative's statement that they never produced a complete application. View "Sims v. New Penn Financial LLC" on Justia Law

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At issue was whether Family Court can find that the New York City Administration for Children’s Services (ACS) made “reasonable efforts” toward family reunifications, as required by N.Y. Fam. Ct. 1089, if ACS failed to provide the “reasonable accommodations” required by the Americans with Disabilities Act (ADA). Mother, an intellectually disabled individual, moved Family Court for a determination that ACS had not made reasonable efforts to reunite her with her child because ACS had not complied with the ADA by ensuring that she had access to certain services. Family Court responded by requiring ACS to provide the services Mother claimed as “reasonable accommodations” under the ADA. ACS generally provided those services. The Appellate Division determined that ACS had made reasonable efforts to provide Mother with services to facilitate the permanency goal of “return to parent.” The Court of Appeals affirmed, holding that the record supported the Family Court’s conclusion that ACS’s efforts met a minimum threshold of reasonableness. View "In re Lacee L." on Justia Law

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The Supreme Judicial Court affirmed orders of the trial court denying Appellant’s motions to suppress evidence that was seized by the local police department and state police and then returned to the individuals who reported the items stolen, holding that Appellant received a fair trial and that the search warrants were valid. On appeal, Appellant argued that the State failed to preserve exculpatory evidence in violation of his due process right to a fair trial, and that two search warrants failed to designate all of the items to be seized with adequate particularity, making the warrants unconstitutionally vague. The Supreme Judicial Court affirmed, holding (1) even if Appellant made the threshold showing that the evidence at issue was lost or destroyed, he did not demonstrate that any of the evidence had apparent exculpatory value at the time the items were returned to their owners; and (2) the search warrants identified the items to be seized with as much particularity as was possible under the circumstances. View "State v. Winchester" on Justia Law

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The Supreme Court affirmed the judgment of the Court of Appeals denying Defendant’s appeal from the circuit court’s order revoking twenty years of Defendant’s suspended sentence and resuspending fifteen years after finding that Defendant was in violation of the conditions of his probation, holding that the admission of hearsay evidence in the probation revocation proceeding did not violate Defendant’s right to confront witnesses against him under the Due Process Clause of the Fourteenth Amendment. Defendant was convicted of rape. After he was released on probation, the circuit court issued a capias for Defendant’s arrest on the ground that he had violated the conditions of his probation. At a probation revocation hearing, the circuit court ruled that certain hearsay evidence was admissible. The circuit court ultimately determined Defendant to be in violation of the conditions of his probation. The Supreme Court affirmed, holding that the circuit court did not violate Defendant’s right to confront witnesses against him. View "Johnson v. Commonwealth" on Justia Law

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The Supreme Court denied Respondent’s motion to dismiss Relator’s original action in mandamus and issued an alternative writ, holding that, although Relator was an inmate who had filed a civil action against a state employee and Relator did not attach an affidavit of prior civil actions to his complaint, Respondent was not entitled to have the complaint dismissed. Relator, an inmate at the Southern Ohio Correction Facility, alleged that he submitted a public-records request to Respondent, the public-records custodian for the facility, but never received the requested documents. Relator filed a complaint for a writ of mandamus asking the Supreme Court to compel Respondent to provide him the requested documents. Respondent moved to dismiss the complaint based on Relator’s failure to comply with the filing requirements set forth in Ohio Rev. Code 2969.25. The Supreme Court held (1) section 2969.25 does not apply to this matter, and because it does not apply, Respondent’s motion to dismiss is denied; and (2) Relator is entitled to an alternative writ. View "State ex rel. McDougald v. Greene" on Justia Law

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The Seventh Circuit affirmed the district court's denial of a petition for writ of habeas corpus under 28 U.S.C. 2254. Petitioner claimed that the prosecutor made improper statements during closing arguments. The court held that the prosecutor's comment on petitioner's failure to testify was not an invitation for the jury to consider petitioner's decision as evidence of his guilty. To the extent that any prejudice arose from the comment, the clear jury instructions cured it. The court also held that the prosecutor's argument concerning the Gangster Disciples did not prejudice petitioner. View "Clark v. Lashbrook" on Justia Law