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This appeal arose from the district court's 2017 decision to grant "provisional" unitary status to the school system in the area of facilities. The district court set a two-year year probationary period, during which it would retain jurisdiction over that aspect of the desegregation order and the school district would face semiannual compliance reviews. At the end of the two years, the district court would then consider an "unconditional" grant of unitary status in facilities. The school board appealed. The court held that the Youngblood procedure, requiring a probationary period before final dismissal of a desegregation case, is a longstanding practice in this circuit. The court rejected the school board's legal challenge to the Youngblood procedure and held that a district court has long had discretion to impose a Youngblood period, and the school board cited nothing that would allow the court to depart from this settled law. The court also held that the district court did not clearly err by determining that the school board came up a bit short of demonstrating good faith compliance and that a two year probationary period was necessary in this case. View "Moore v. Tangipahoa Parish School Board" on Justia Law

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The Second Circuit affirmed the district court's grant of summary judgment to defendants in an action alleging violations of Section 504 of the Rehabilitation Act, as well as state and city law. Plaintiff claimed that he experienced several adverse employment actions while he was employed at the DOI, because of his hearing disability. The district court held, among other things, that no reasonable jury could conclude that plaintiff had experienced any adverse employment action "solely by reason of" his disability. The court affirmed on different grounds and held that a plaintiff alleging an employment discrimination claim under Section 504 of the Rehabilitation Act must show that the plaintiff's disability was a but‐for cause of the employer's action, not the sole cause. The court agreed with the district court that plaintiff failed to provide sufficient support for his claim that he was retaliated against for making complaints, he was demoted in retaliation for appealing a negative performance review, and that the DOI subjected him to a slew of retaliatory actions. View "Natofsky v. City of New York" on Justia Law

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Fillmore, an inmate at the Sumner, Illinois Lawrence Correctional Center, sued three Corrections officers for failing to follow mandatory legal procedures before imposing discipline upon him for violating prison rules relating to “unauthorized organizational activity” by “intimidation or threats” on behalf of the Latin Kings gang. Fillmore claimed violations of Illinois Administrative Code provisions relating to the appointment of Hearing Investigators to review all major disciplinary reports; service of the report no more than eight days after the commission of an offense or its discovery; provision of a written reason for the denial of his request for in-person testimony at his hearing; not placing him under investigation; failing to independently review notes, telephone logs, and recordings; denial of his requests to see the notes he had allegedly written; and lack of impartiality and improper refusal to recuse. Fillmore alleged he made a timely objection to the committee members’ lack of impartiality, but the committee failed to document that objection. The circuit court dismissed the complaint. The Illinois Supreme Court affirmed that Fillmore failed to state a claim for mandamus or common-law writ of certiorari for alleged violations of Department regulations. Department regulations create no more rights for inmates than those that are constitutionally required. The court reversed with regard to his claim that defendants violated his right to due process in revoking his good conduct credits View "Fillmore v. Taylor" on Justia Law

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The Supreme Court dismissed this appeal from the habeas court's denial of Appellant's petition for writ of habeas corpus for lack of jurisdiction, holding that the certificate of probable cause issued by the circuit court was inadequate. Appellant was found to have violated the terms of his probation and forced to serve his sentence with credit for time already served. Thereafter, Appellant filed a petition for writ of habeas corpus, alleging violations of his rights to due process and effective assistance of counsel. The habeas court denied the petition after a trial and filed an order for issuance of certificate of probate cause. Appellant appealed. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that the habeas court's order for issuance of certificate of probable cause was insufficient to render jurisdiction to this Court. View "Wright v. Young" on Justia Law

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Plaintiff filed suit alleging that North Carolina prison officials imposed a substantial burden on his religious exercise by refusing his request to celebrate four annual Rastafarian holy days, in violation of his rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First Amendment. The Fourth Circuit affirmed the district court's judgment for defendants based on different reasons than the ones given by the district court. The court held that plaintiff failed to show that defendants' policies caused a substantial burden on his exercise of religion. In this case, plaintiff failed to identify any Rastafarian inmate in the North Carolina prison system who would attend his proposed gatherings. View "Wright v. Lassiter" on Justia Law

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The Ninth Circuit reversed the district court's denial of habeas relief as to the penalty phase, because petitioner's counsel rendered ineffective assistance by not investigating and presenting mitigating evidence at the penalty phase. Applying de novo review, the panel held that counsel did not properly investigate petitioner's background, and thus the trial court at the penalty phase was not presented with substantial mitigation evidence regarding petitioner's education and incarceration, his diffuse brain damage, and his history of substance abuse. The panel held that this raised a reasonable probability that, had the trial court been presented with the mitigation evidence in the first instance, the outcome would have been different. In this case, petitioner may have been spared the death penalty and been imprisoned for life instead. Accordingly, the panel remanded with instructions to grant relief against the death penalty. View "Washington v. Ryan" on Justia Law

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Plaintiff appealed the district court's grant of summary judgment to prison officials in his 42 U.S.C. 1983 action for excessive force, failure to intervene, deliberate indifference, and retaliation claims arising from use of force during his confinement. Liberally construing plaintiff's appellate contentions and reviewing de novo, the Fifth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994), and its progeny did not bar plaintiff's excessive force claims. In this case, plaintiffs excessive force claims implicated neither the validity of his underlying conviction nor the duration of his sentence. In regard to whether defendants were entitled to qualified immunity, the court held that there was a genuine dispute of material fact concerning what occurred during the use of force. Therefore, the court remanded for further consideration. View "Bourne v. Gunnels" on Justia Law

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In the underlying actions, the People asserted claims under Business and Professions Code section 17501 against real parties in interest and alleged that real parties sold products online by means of misleading, deceptive or untrue statements regarding the former prices of those products. The trial court sustained real parties' demurrer without leave to amend on the ground that the statute was void for vagueness as applied to real parties. The Court of Appeal granted the petition for writ of mandate seeking relief from the ruling regarding the section 17501 claims, and held that real parties failed to demonstrate any constitutional defect on demurrer. Regarding real parties' challenge to section 17501 as an unconstitutional regulation of free speech, as a preliminary matter, the court rejected petitioner's contention that the statute targets only false, misleading or deceptive commercial speech; the plain language of the statute restricts protected commercial speech and thus, the statute was subject to the test for constitutional validity set forth in Central Hudson Gas & Elec. v. Public Serv. Comm'n (1980) 447 U.S. 557, 566; and, because the undeveloped record was inadequate to apply the test, real parties' "free speech" challenge necessarily failed on demurrer. The court also rejected real parties' contention that section 17501 was void for vagueness, and rejected the facial and as-applied challenges. View "People v. Superior Court" on Justia Law

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After plaintiffs were arrested and detained by ICE under 8 U.S.C. 1226(a), pending removal for being in the United States without inspection or admission, they filed suit against ICE and DHS, challenging their transfer or anticipated transfer from ICE's detention facility to an out of state facility. Plaintiffs alleged a violation of their substantive due process right to family unity and procedural due process right to notice and an opportunity to be heard, because such transfers separated them from their children and made it impossible for children to have access to their parents or to visit them. The Fourth Circuit affirmed the district court's grant of the government's motion to dismiss and held that plaintiffs did not have a due process right to family unity in the context of immigration detention pending removal. Furthermore, the court did not have the authority to create a new substantive due process right in view of Supreme Court decisions cautioning courts from innovating in this area. Likewise, the court held that, because plaintiffs right to family unity did not exist, their procedural due process claim failed. View "Reyna v. Hott" on Justia Law

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The Supreme Court affirmed the judgment of the motion court overruling Appellant's Mo. R. Crim. P. 29.15 motion for post-conviction relief alleging several claims of ineffective assistance of trial and appellate counsel, holding that Appellant's claims of error were unavailing. After a jury trial, Appellant was found guilty of one count of first-degree murder for the death of a Missouri highway patrolman. The jury was unable to agree whether to recommend a sentence of death or life imprisonment. The circuit court subsequently conducted an independent review of the facts and imposed a death sentence. The Supreme Court affirmed on appeal. Thereafter, Appellant filed his Rule 29.15 motion. The motion court denied the motion after an evidentiary hearing. The Supreme Court affirmed, holding, among other things, that counsel were not ineffective in failing to question Juror 58 during voir dire about the provocative and violent novel he admitted writing and in failing to call other jurors in support of Appellant's motion for new trial. View "Shockley v. State" on Justia Law