Justia Civil Rights Opinion Summaries

The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) in this criminal case, holding that because the information omitted the crime of forgery in the second degree's states of mind, it failed to state an offense as to counts 4-7 and violated Defendant's right to due process.Defendant was charged via information with four counts of forgery in the second decree. Defendant filed a pretrial motion to dismiss counts 4-7 charging him with forgery in the second degree because the information omitted forgery's states of mind. In response, the State argued that intent to defraud is an element, understandable to the common person, and gave notice to Defendant of forgery's state of mind. The circuit court granted Defendant's motion to dismiss. The ICA reversed. The Supreme Court reversed, holding (1) Defendant's information did not identify forgery's states of mind, intentionally and knowingly; and (2) therefore, counts 4-7 failed to state an offense and violated Defendant's right to due process. View "State v. Garcia" on Justia Law

The Supreme Court vacated the adjudicatory and dispositional orders of the circuit court in this termination of parental rights case, holding that the circuit court erred when it terminated Father's parental rights because Father did not receive proper notice of the hearing at which he was purportedly adjudicated.The circuit court terminated Father's parental rights for allegedly abandoning his infant son. Father proposed two assignments of error claiming that he was denied an adjudicatory hearing for a determination whether the child had been abuse and/or neglected as alleged. The Supreme Court vacated the circuit court's order, holding (1) Father did not receive proper notice that the hearing at issue was an adjudicatory hearing from him, and without such notice, Father was not provided due process; and (2) without first holding an adjudicatory hearing, the circuit court could not lawfully proceed to disposition and termination of Father's parental rights. View "In re A.G." on Justia Law

Meyers was one of seven men convicted of the 1989 gang-related murders of Williams and Kaufman in Chicago. In 1995, after Meyers’ conviction was affirmed on direct appeal, he filed a pro se petition for post-conviction, arguing that his trial counsel, Nichols, was ineffective for failing to investigate the scene of the shooting and to establish that a witness, Wilson, would not have been able to see the shooters from his second-floor vantage point. Pointing to Wilson’s post-trial recantation, Meyers added that he was wrongfully convicted based on Wilson’s perjured trial testimony and the prosecution’s subornation to commit perjury. Meyers also argued that his trial counsel, Nichols, was ineffective in failing to interview and present the alibi testimony of Parker. The Illinois appellate court rejected his claims.The Seventh Circuit affirmed the denial of his federal habeas corpus petition. The Illinois Appellate Court did not unreasonably apply “Strickland” in rejecting his claim that Nichols was ineffective for failing to interview and present Parker’s alibi testimony. The risk that the defense would have taken by pursuing that alibi, which contradicted statements made by Nichols after his arrest, is obvious. The state court reasonably determined that his conviction was not based on the knowing use of perjured testimony. View "Meyers v. Gomez" on Justia Law

The Haistens sold discounted animal pesticides and drugs online from their South Carolina home. They operated in violation of multiple FDA and EPA regulations. They sold counterfeit DVDs of movies and television shows that they obtained from China. The Haistens ignored cease-and-desist letters from state regulators and animal pesticides companies. Department of Homeland Security agents began making undercover purchases from the Haistens. Customs and Border Protection (CBP) seized shipments of counterfeit DVDs. Agents then searched the Haistens’ home, which revealed unapproved animal pesticides and drugs, counterfeit DVDs, and business records. In the ensuing prosecution, Count 14 charged the Haistens with trafficking counterfeit DVDs that were seized by CBP officers in Cincinnati. Count 15 charged them with trafficking counterfeit DVDs, that were seized at their home. Defense counsel did not request a jury instruction on improper venue or move for acquittal on Counts 14 or 15 for lack of proper venue in the Eastern District of Pennsylvania. The Haistens appealed, challenging an evidentiary ruling and a statement the government made during its summation. The Third Circuit affirmed.The Haistens then sought relief under 28 U.S.C. 2255, arguing that their trial counsel was ineffective for failing to challenge venue on Counts 14 and 15. The Third Circuit remanded the denial of that motion for the district court to conduct an evidentiary hearing on whether their counsel had a strategic reason for not raising a defense based on improper venue. View "United States v. Haisten" on Justia Law

T.C.’s estate and the passengers of T.C.’s car sued an Arlington police officer and the City of Arlington for the use of excessive force during a traffic stop in violation of the Fourth Amendment. The district court dismissed the passengers’ claims, finding that they could not bring claims as bystanders, and granted summary judgment to the police officer and the City after determining that the police officer was entitled to qualified immunity.   The Fifth Circuit affirmed the dismissal of the passengers’ claims and vacated the grant of summary judgment on T.C.’s claims and remanded it to the district court for further proceedings consistent with this opinion. The court reasoned that here, under T.C’s account, he was shot while he was held in a chokehold in a parked car while evading arrest for several confirmed misdemeanors and an unconfirmed felony parole violation. The police officer was on notice that the use of deadly force is objectively reasonable only where an officer has “a reasonable belief that he or the public was in imminent danger . . . . of death or serious bodily harm.” Again, the officer’s alleged belief that T.C. had a gun was not reasonable, nor was his belief that a parked car posed a danger to himself, the passengers, or the other officers standing on the side of the car. Therefore, the district court erred in granting summary judgment to the officer and perforce dismissing the City. However, because there was no unreasonable use of force against the passengers, no constitutional injury occurred. View "Crane v. City of Arlington" on Justia Law

The Supreme Court affirmed the judgment of the district court regarding several orders unfavorable to Plaintiff in this dispute over the development of a subdivision on property containing a floodplain within Lewis and Clark County, holding that there was no error or abuse of discretion.In its challenged orders, the district court dismissed Plaintiff's negligence and negligent misrepresentation claims, denied Plaintiff's motion for a declaratory judgment that Mont. Code Ann. 76-5-109(4) is unconstitutional, dismissed Plaintiff's claims for inverse condemnation and nuisance, and dismissed Plaintiff's suit against the Montana Department of Transportation. The Supreme Court affirmed, holding that the district court (1) did not err in dismissing Plaintiff's inverse condemnation claim; (2) did not err in dismissing Plaintiff's unjust enrichment claim; (3) did not err in finding Mont. Code Ann. 76-5-109(4) was constitutional; and (4) did not err in dismissing Plaintiff's remaining nuisance claims. View "Hamlin Construction & Development Co. v. Mont. Dep't of Transportation" on Justia Law

Plaintiff, a Texas prisoner, appealed the summary judgment dismissal of his 42 U.S.C. Section 1983 claim that a correctional officer at the Allred Unit of the Texas Department of Criminal Justice (TDCJ), confiscated Plaintiff’s religious materials in violation of the Free Exercise Clause of the First Amendment.   The primary issue on appeal is whether confiscation of Plaintiff’s materials violated Plaintiff’s constitutional rights under the Free Exercise Clause. The Fifth Circuit affirmed the district court’s ruling. The court explained that Plaintiff conceded that he did not store his religious materials as required by AD-03.72. And the Fifth Circuit Court has previously indicated that TDCJ policies regarding the storage of personal property do not infringe on a prisoner’s right to free exercise of religion. Evaluating AD-03.72 in view of the relevant considerations, the confiscation of Plaintiff’s religious materials was reasonably related to a legitimate penological objective.   The impact of accommodating Plaintiff’s constitutional rights on other prisoners, guards, and prison resources could be great, given the management and safety concerns underlying the policy. Moreover, even if the confiscation had violated Plaintiff’s constitutional rights, the district court correctly found that the correctional officer was entitled to qualified immunity because his actions were objectively reasonable. View "DeMarco v. Bynum" on Justia Law

The Supreme Court affirmed Defendant's conviction, rendered after a jury trial, of one count each of felony murder, conspiracy to commit robbery in the first degree, and carrying a pistol without a permit, holding that Defendant was not entitled to relief on his claims of error.Specifically, the Supreme Court held (1) under the circumstances of the case, the trial court did not abuse its discretion when it admitted a dual inculpatory statement under section 8-6(4) of the Connecticut Code of Evidence; (2) the statement at issue was non-testimonial, and its admission at trial did not violate Defendant's Sixth Amendment right to confrontation; (3) certain statements made by the prosecutor did not violate Defendant's right to confrontation under the state Constitution; and (4) Defendant was not entitled to relief on his second claim of impropriety. View "State v. Graham" on Justia Law

In Plaintiff’s malicious prosecution claim against Defendant, a detective with the Albany Police Department, the Eleventh Circuit previously vacated an order dismissing Plaintiff’s complaint for failure to allege a favorable termination on a charge of felony murder. Plaintiff appealed the summary judgment in favor of Defendant based on qualified immunity. The district court ruled that, even though Defendant’s affidavit was insufficient to provide probable cause to support the warrant to arrest Plaintiff, the detective had at least arguable probable cause to arrest Plaintiff.   The Eleventh Circuit again vacated the order granting summary judgment in the detective’s favor and remanded. The court concluded that because Plaintiff established that the legal process underlying his seizure was constitutionally infirm and it would not have been otherwise justified, the detective does not enjoy immunity from suit. The court explained that under longstanding Supreme Court precedent, an officer must provide particular information to support an arrest warrant. Here, no “reasonably competent officer” could have concluded that a warrant should issue based on the glaring deficiencies in the affidavit. As a result, the unlawfulness of the detective’s conduct was clearly established when he acted and he was not entitled to qualified immunity. View "Demetrius Rashard Luke v. Jameel H. Gulley" on Justia Law

During a 3:30 am encounter, while South Bend Officer O’Neill was investigating reports that someone was stealing from parked cars, Logan picked up a hunting knife and approached O’Neill. The officer told Logan to stand still and put down the weapon. Logan held the knife up, came within three steps of O’Neill, and threw the knife, hitting O’Neill in the arm. O’Neill fired his gun, hitting Logan in the torso. O’Neill called for an ambulance, but Logan died at a hospital.The district court rejected Logan's estate’s suit under 42 U.S.C. 1983 on summary judgment. The Seventh Circuit affirmed, rejecting arguments that one of O’Neill’s multiple descriptions of the events implies that Logan threw the knife a second or so before O’Neill pulled the trigger and that O’Neill was safe (Logan was no longer armed) or that a jury might doubt O’Neill’s version of events because he did not activate his body camera and has been convicted of ghost employment. The physical evidence, such as the bullet track, is consistent with O’Neill’s account. Disbelief of the only witness is not proof that the opposite of the witness’s statements is true. “The fact that many shootings by police eliminate an important source of evidence is troubling, but litigation remains tied to the record," which compels a decision for O’Neill. View "Estate of Eric Jack Logan v. City of South Bend" on Justia Law