Justia Civil Rights Opinion Summaries

Plaintiff was a long-time teacher in the Evergreen School District #114 (District) in Vancouver, Washington. Before the 2019–2020 school year began, he attended two days of teacher training and brought with him a MAGA hat. The question, in this case, is whether the First Amendment was violated when a principal told Plaintiff he could not bring his Make America Great Again (MAGA) hat with him to teacher-only trainings on threat of disciplinary action and when the school board affirmed the denial of the teacher’s harassment complaint filed against the principal.   The Ninth Circuit affirmed in part and reversed in part the district court’s summary judgment in favor of Defendants in Plaintiff’s 42 U.S.C. Section 1983 action. The panel first concluded that Plaintiff was engaged in speech protected by the First Amendment because the undisputed facts demonstrated that his MAGA hat conveyed a message of public concern, and he was acting as a private citizen in expressing that message. The record failed to establish, however, that the school district’s Chief Human Resource Officer, took any adverse employment action against Plaintiff, and for this reason, Plaintiff’s First Amendment retaliation claim against that defendant failed as a matter of law.   Further, any violation of Plaintiff’s First Amendment rights by the principal was clearly established where longstanding precedent held that concern over the reaction to controversial or disfavored speech itself does not justify restricting such speech. For these reasons, the panel reversed the district court’s grant of summary judgment in favor of the principal. View "ERIC DODGE V. EVERGREEN SCHOOL DISTRICT #114, ET AL" on Justia Law

The Supreme Court held that In re T.H., 913 N.W.2d 578 (Iowa 2018) applies only to juvenile sex offenders whose cases are prosecuted and resolved in juvenile court and declined Defendant's invitation to apply its holding to a juvenile offender who is prosecuted and convicted in district court.At age seventeen, Defendant confessed to sexually abusing three children. Defendant was convicted on four class B felony counts and, at age twenty, was sentenced to terms of imprisonment. The court suspended the prison sentences, placed Defendant on probation, and imposed the special sentence of lifetime parole applicable to class B felonies under Iowa Code section 903B.1. The court further required Defendant to register as a sex offender under Iowa Code 692A.103(1). Defendant appealed, arguing that it is unconstitutional under In re T.H. to require a juvenile to register as a sex offender. The Supreme Court reversed in part, holding (1) In re T.H. does not apply to juvenile sex offenders prosecuted in district court; (2) registration under chapter 692A is not part of the "sentence" that can be suspended under section 901.5(13); and (3) Iowa Code 901.5(13) allowsed the district court to suspend Defendant's Iowa Code 903B.1 special sentence in whole or in part. View "State v. Hess" on Justia Law

The Supreme Court affirmed the judgment of the circuit court holding that International Paper Co. had established, by a preponderance of the evidence, that the County of Isle of Wight's tax scheme violated the requirement of the Virginia Constitution that taxation be uniform, holding that the circuit court did not err.In 2017, the County Board of Supervisors adopted a resolution authorizing an "economic development retention grant program" that would benefit certain taxpayers. International Paper filed a refund action alleging that the County's tax and retention grant scheme violated the uniformity requirement of the Virginia Constitution. The circuit court granted judgment in favor of International Paper, concluding that the County's tax scheme created an unconstitutional non-uniform tax. View "County of Isle of Wight v. International Paper Co." on Justia Law

The First Circuit affirmed the judgment of the district court denying Defendant's motion to suppress the fentanyl discovered in his waistband during a pat-frisk conducted after an anonymous tip alerted the police department of two men passed out in a vehicle, holding that there was no error.In denying Defendant's motion to suppress, the district court concluded that the investigatory stop did not violate Defendant's Fourth Amendment rights and that the officers had reasonable suspicion that Defendant could have been armed with a weapon to justify a Terry frisk. The First Circuit affirmed, holding that there was no Fourth Amendment violation because the arresting officer had reasonable suspicion for the initial encounter, for extending the stop, and to believe Defendant was armed and dangerous. View "United States v. Harrington" on Justia Law

The First Circuit affirmed the judgment of the district court denying Defendant's motion to suppress evidence collected during the investigation that led to his arrest, holding that the district court did not err in denying Defendant's motion to suppress.Defendant pled guilty to one count of sexual exploitation of a minor. Defendant appealed, arguing that the district court erred in denying his motion to suppress evidence discovered after agents executed a warrant to search his residence. The First Circuit affirmed, holding (1) the warrant's affidavit established a sufficient nexus between the criminal activity and the places to be searched; (2) the district court reasonably found that no search of Defendant's person occurred; and (3) the district court did not err in denying Defendant's statements to law enforcement agents. View "United States v. Corleto" on Justia Law

Ross was charged with battery on a nonconfined person by a prisoner. Ross pleaded guilty to the administrative charge of battering the counselor. At trial, several officers and an intercepted letter corroborated the victim’s testimony about the attack. The defense presented no evidence. During discussions about jury instructions, Ross declared, “Man, you are fired” and “I will represent myself.” Ross cursed at the court, which had him removed. Defense attorney Fallman stated that he tried to talk with Ross, who refused and declined to return to the courtroom. Fallman noted that Ross had fired his previous attorney and that he knew of no “provocation.” The court continued without Ross. During closing arguments, Fallman admitted Ross touched the officer willingly, in a harmful or offensive manner, but argued there was no preplanning or weapon. Fallman asked the jury to find Ross guilty of the lesser included offense of misdemeanor battery. The jury convicted Ross, finding two prior strike allegations true. Finding six aggravating factors true and no mitigating factors, the court sentenced Ross to the upper term of four years, doubled to eight years under the Three Strike Law.The court of appeal affirmed the conviction, rejecting Ross’s argument that his attorney violated his Sixth Amendment rights by conceding his guilt. There was no evidence that his claimed desire to maintain innocence to the exclusion of all other defense strategies was ever communicated to Fallman or the court. The court remanded for resentencing due to Senate Bill 567., which requires that when a statute specifies three potential terms of imprisonment, a court must presumptively impose the middle term. View "People v. Ross" on Justia Law

Stapleton lured women into prostitution and exploited them using threats, force, and other forms of coercion. An anonymous tip led to his arrest. Indicted for sex-trafficking crimes, Stapleton claimed that the police had fabricated the anonymous tip and tampered with his cellphone. The court appointed a succession of defense attorneys, but Stapleton constantly disagreed with them regarding his police-misconduct claims. The judge denied his motion to suppress the evidence derived from the anonymous tip. Stapleton then insisted on representing himself. After making the inquiries required by Supreme Court precedent, the judge granted Stapleton’s motion and appointed a standby attorney. Before trial, Stapleton unsuccessfully moved for a court-funded expert to investigate his phone-tampering claim. Before opening statements, Stapleton announced that he would conditionally plead guilty, reserving the right to challenge the suppression ruling. The judge conducted a colloquy and accepted Stapleton’s pleas. Before sentencing, Stapleton unsuccessfully moved to withdraw his pleas. The judge sentenced him to life in prison.Stapleton did not appeal the suppression ruling but argued that his guilty pleas were invalid because he did not have counsel and was confused about his appellate rights and challenged the denial of his motion for a court-funded expert. The Seventh Circuit affirmed. Stapleton validly waived his right to counsel after two thorough colloquies; his guilty pleas were also knowing and voluntary. The judge did not abuse his discretion in denying Stapleton’s request for a court-funded cellphone expert. View "United States v. Stapleton" on Justia Law

This case concerns a public high school’s ability under the First Amendment to discipline students for assertedly “private” off-campus social media posts that, once they predictably made their way onto campus, amounted to “severe bullying or harassment targeting particular” classmates.   The Ninth Circuit affirmed the district court’s judgment rejecting First Amendment claims brought by students against Albany High School and school officials after the students were disciplined for assertedly “private” off-campus social media posts that amounted to severe bullying or harassment targeting particular classmates. The panel held that, under the circumstances of the case, the school properly disciplined two of the involved students for bullying. The court explained that some of the posts used violent imagery that, even if subjectively intended only as immature attempts at malign comedy, would reasonably be viewed as alarming, both to the students targeted in such violently-themed posts and to the school community more generally. Nothing in the First Amendment would even remotely require schools to tolerate such behavior or speech that occurred under its auspices.   The panel concluded, taking into account the Supreme Court’s recent decision in Mahoney Area Sch. Dist. v. B.L. ex rel. Levy, 141 S. Ct. 2038 (2021), that the speech bore a sufficient nexus to Albany High School and its students to be susceptible to regulation by the school. Finally, the panel concluded that the discipline did not independently violate the California Constitution or the California Education Code. Because California follows federal law for free expression claims arising in a school setting, Plaintiffs’ reliance on the California Constitution failed for the same reasons discussed above. View "KEVIN CHEN, ET AL V. ALBANY UNIFIED SCHOOL DISTRICT, ET AL" on Justia Law

The Supreme Court affirmed Defendant's convictions for first-degree premeditated murder, attempted first-degree murder, and kidnapping, holding that there was no error in the proceedings below.On appeal, Defendant argued, among other things, that the district court erroneously joined his and his codefendant's cases for trial and by denying subsequent severance motions. The Supreme Court affirmed his convictions, holding (1) the district court did not improperly join Defendant's and his codefendant's cases for trial and did not erroneously refuse to sever the cases once the trial was underway; (2) the prosecutor did not commit misconduct during closing arguments; and (3) Defendant was not entitled to relief as to the claims he raised in a pro se supplemental brief. View "State v. Davis" on Justia Law

Appellants, three Sikh men, intended to join the Marines. However, existing Marines pre-enlistment requirements pertaining to hair length, beards, and a prohibition on wearing certain non-uniform items, conflicted with their faith. The Marines allowed an accommodation, but only after the men completed basic training.Appellants sought a preliminary injunction, and the district court refused. After considering the competing interests in the case, the D.C. Circuit reversed the decision as it related to two men, finding that they showed a likelihood for success on the merits and proved irreparable harm. The court remanded the third man's case for further proceedings. View "Jaskirat Singh v. David Berger" on Justia Law