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Plaintiffs filed suit against defendants after plaintiff's son, Michael, was killed by cardiac arrhythmia after an altercation with officers in the setting of acute methamphetamine intoxication. When officers responded to a domestic disturbance call, they found Michael brutally attacking his girlfriend. The Eighth Circuit affirmed the district court's grant of summary judgment for defendants, holding that unsworn statements from paramedics to law enforcement were properly excluded and the district properly disregarded them; Iowa's false statement statute did not implicitly swear a declarant making a statement to law enforcement; there was no genuine dispute of material fact that Michael posed a threat to the safety of the officers and the victim and no competent, admissible evidence rebutted the officers' version of the events; because there was no constitutional violation, the court need not consider whether the rights at issue were clearly established. The court also affirmed the district court's decision not to exercise jurisdiction over the state law claims. View "Zubrod v. Hoch" on Justia Law

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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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The Supreme Court affirmed the decision of the district court denying, without an evidentiary hearing, Appellant’s petition for postconviction relief, holding that Appellant was not entitled to an evidentiary hearing on his claims of prosecutorial misconduct and ineffective assistance of counsel and that the district court did not err in dismissing Appellant’s motion for postconviction relief. In his petition, Appellant argued that the prosecutor committed several instances of misconduct and that he received ineffective assistance of trial and appellate counsel. The district court denied the motion without an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err in finding that an evidentiary hearing was not warranted and in dismissing his claims of prosecutorial misconduct and ineffective assistance of counsel. View "State v. Tyler" on Justia Law

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The Supreme Court affirmed the decision of the Court of Appeals affirming Defendant’s convictions and sentences for three counts of first degree sexual assault of a child, one count of first degree sexual abuse, and one count of intentional child abuse, holding that the Court of Appeals did not err in concluding that there was sufficient evidence to support Defendant’s conviction for first degree sexual assault. The Court further held that there was no error in the Court of Appeals’ disposition of Defendant’s assignments of error relating to (1) the admission of expert testimony concerning the behaviors and testimonial partners of child sexual assault victims, (2) a claim of prosecutorial misconduct, and (3) the admission of DNA evidence. View "State v. McCurdy" on Justia Law

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The Supreme court affirmed Defendant’s conviction of murder in the first degree and the superior court’s denial of his motion for a new trial, holding that there was no reversible error in the proceedings below and that there was no reason to exercise its authority under Mass. Gen. Laws ch. 278, 33E to reduce the degree of guilt or order a new trial. Specifically, the Court held (1) defense counsel provided constitutionally effective assistance; (2) Defendant’s due process rights were not violated by the Commonwealth’s failure to disclose purported cooperation agreements it had with witnesses; (3) there was no prejudicial error in the admission of evidence of injuries the child sustained; and (4) the prosecutor did not improperly vouch for the credibility of the victim’s mother in her closing argument. View "Commonwealth v. Goitia" 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