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The Fifth Circuit denied a petition for rehearing en banc; treated the petition for rehearing en banc as a petition for panel rehearing; and granted the petition for panel rehearing. The court withdrew its prior opinion and substituted the following opinion. Three exotic dancers under the age of 21 filed suit challenging Louisiana's amendment of two statutes (Act No. 395) that required entertainers on premises licensed to serve alcohol and whose breasts or buttocks are exposed to view be 21 years of age or older. The district court concluded that plaintiffs were likely to succeed on the merits of their claims that the Act was unconstitutionally overbroad and vague, and issued a preliminary injunction barring enforcement of the Act. The court vacated the injunction and held that the district court erred in holding that the Act was overbroad, either for the lack of narrow tailoring necessary under United States v. O'Brien, 391 U.S. 367, 376 (1968), or for "substantial overbreadth" under such cases as Broadrick v. Oklahoma, 413 U.S. 601, 612 (1973). Determining that plaintiffs had standing to bring their vagueness claim, the court held that the Act survived a facial challenge for vagueness. The court explained that it was enough that the Act required the full coverage of commonly understood anatomical terms. Accordingly, the court remanded for further proceedings. View "Doe v. Marine-Lombard" on Justia Law

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The First Circuit affirmed in part and dismissed in part Defendant’s interlocutory appeal from the district court’s denial of her motion for summary judgment arguing that she was immune to Plaintiff’s damage claims, holding that this Court lacked appellate jurisdiction to the extent Defendant challenged the district court’s assessment of the record. Defendant, a police officer, shot Plaintiff as Plaintiff was cutting himself with a knife in the waiting area of a psychiatric center. Plaintiff sued Defendant under 42 U.S.C. 1983, arguing that Defendant violated his Fourth Amendment right to be free from unreasonable seizures. Defendant moved for summary judgment based, in part, on her qualified immunity to federal damage claims arising out of the performance of her official duties as a public employee. The district court denied the motion, concluding that Defendant could not constitutionally shoot Plaintiff unless he posed an immediate threat to herself or others and only after providing some kind of warning, if feasible. Defendant appealed. The First Circuit (1) dismissed the appeal to the extent it challenged the district court’s assessment of the factual record under Fed. R. Civ. P. 56; and (2) otherwise affirmed the district court’s denial of summary judgment. View "Begin v. Drouin" on Justia Law

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The Supreme Court affirmed the district court’s denial of Appellant’s motion for postconviction relief without an evidentiary hearing, holding that Appellant’s postconviction motion failed to state a claim for relief. Appellant was convicted of first degree murder and use of a firearm to commit a felony in the shooting of a police officer. Appellant later filed an amended motion for postconviction relief, alleging that he was denied the right to a fair trial, ineffective assistance of trial and appellate counsel, prosecutorial misconduct, and newly discovered evidence. The district court denied the motion, finding that Appellant was not entitled to an evidentiary hearing. The Supreme Court affirmed the denial of postconviction relief as to all of Appellant’s assignments of error, holding that Appellant’s claims were without merit. View "State v. Allen" on Justia Law

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The Supreme Court affirmed the decision of the district court denying Appellant’s application for postconviction relief (PCR), holding that Appellant’s requested remand for a new hearing was not available and that Appellant’s claim that his postconviction counsel was ineffective must be brought in a separate application for PCR. In his application for PCR Appellant sought to vacate his conviction based on newly discovered evidence. The district court denied the PCR application and rejected Appellant’s ineffective assistance of counsel claim. On appeal, Appellant argued that the district court improperly dismissed his PCR application because his postconviction counsel failed to present physical evidence at the PCR hearing to support his claim. Therefore, Appellant asked that his PCR application be remanded to the district court for a new hearing. The Supreme Court affirmed, holding that no error occurred, that the request made to remand the case failed, and that Appellant must raise his claim of ineffective assistance of postconviction counsel in a separate application for PCR. View "Goode v. State" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court denying Defendant’s motion to suppress and convicting Defendant of burglary and possession of burglarious tools, holding that a search warrant issued for the placement and use of a Global Positioning System (GPS) tracking evidence on a motor vehicle, but not executed within five days after the date of issuance under Wis. Stat. 968.15 or timely returned under Wis. Stat. 968.17(1), is not void if the search was otherwise reasonably conducted. At issue on appeal was whether the warrant in this case was governed by Wisconsin Statutes Chapter 968 and whether the warrant complied with the Fourth Amendment to the United State Constitution and Article I, Section 11 of the Wisconsin Constitution’s guarantees against unreasonable searches. The Court held (1) the GPS warrant in this case was not subject to the statutory limitations and requirements of Chapter 968; and (2) the GPS warrant complied with Fourth Amendment principles. View "State v. Pinder" on Justia Law

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The Fourth Circuit affirmed the district court's grant of summary judgment to the employer in an action alleging that the unauthorized review and disclosure of plaintiff's confidential personnel files to support her racial and religious discrimination claims constituted protected activity under Title VII. The court held that, under the opposition clause, unauthorized disclosures of confidential information to third parties are generally unreasonable. In this case, plaintiff's unauthorized review and duplication of confidential personnel files did not constitute protected opposition or participation activity. The court also held that section 704(a) of Title VII of the Civil Rights Act does not protect a violation of valid state law that poses no conflict with Title VII. The court explained that, like in plaintiff's opposition claim, she failed to meet her burden of proving that the sheriff terminated her employment because she engaged in protected activity. View "Netter v. Barnes" on Justia Law

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The Second Circuit vacated the district court's grant of a petition for a writ of habeas corpus based on ineffective assistance of counsel. The court held that, given the strong evidence of petitioner's guilty, he failed to show that his defense was constitutionally prejudiced by trial counsel's conduct. In this case, there was no basis for concluding that petitioner established a substantial likelihood of a different result, even if his attorney had obtained the phone records at issue prior to trial. Accordingly, the court remanded for further proceedings. View "Garner v. Lee" on Justia Law

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Thomas, an Illinois prisoner formerly confined at Hill Correctional Center, alleged that prison guards attacked him with excessive force and that the beating and subsequent disciplinary proceedings were in retaliation for lawsuits and grievances he filed. He sued the guards and other prison officials seeking damages under 42 U.S.C. 1983. In the course of pretrial proceedings, the district judge required the parties to stipulate to the events preceding the attack and ruled that certain inmate witnesses must appear, if at all, by video conference. The judge also declined Thomas’s request for recruited counsel, determining that he was competent to litigate the suit pro se. At trial, the judge entered judgment as a matter of law for the defendants on all claims except those asserting excessive force by two officers. The jury decided those claims against Thomas. The Seventh Circuit reversed in part. Because Thomas’s trial testimony allowed for a permissible inference of retaliation, the judge should not have taken the retaliation claims from the jury. The court rejected other challenges to evidentiary rulings and to the refusal to recruit counsel. View "Thomas v. Anderson" on Justia Law

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In the published portion of the opinion, the Court of Appeal noted that effective January 1, 2019, Code of Civil Procedure section 998 will have no application to costs and attorney and expert witness fees in a Fair Employment and Housing Act (FEHA) action unless the lawsuit is found to be "frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so." In regard to the litigation that predated the application of the amended version of Government Code section 12965(b), the court held that section 998 does not apply to nonfrivolous FEHA actions and reversed the order awarding defendant costs and expert witness fees pursuant to that statute. View "Huerta v. Kava Holdings, Inc." on Justia Law

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Plaintiff filed suit alleging that a county deputy was deliberately indifferent to Jeffry Alan Barton's serious medical needs and that the county jail administrator failed to adequately train or supervise the deputy. Plaintiff also alleged that the county did not adequately train its detention facility workers and that its policies failed to ensure that detainees received adequate medical care. The Eighth Circuit affirmed the district court's denial of qualified immunity to the deputy where a jury could find that Barton was experiencing a medical need so obvious that a layperson would recognize the need for prompt medical attention, the deputy did not perform the healthcare screening the jail policies required, and it was clearly established at the time that booking Barton into jail would constitute deliberate indifference. The court reversed the denial of qualified immunity to the administrator and held that the administrator did not know that the deputy was inadequately trained or supervised. Finally, the court dismissed the county's appeal for lack of jurisdiction. View "Barton v. Ledbetter" on Justia Law