Justia Civil Rights Opinion Summaries
Articles Posted in Legal Ethics
Matthew Gibson v. Louise Goldston
Plaintiff filed suit in federal district court against Judge Goldston and others present at the search. Plaintiff claimed that the warrantless search and seizure of his property violated his Fourth and Fourteenth Amendment rights, that the restrictions on recording the incident violated the First Amendment, and that Judge Goldston’s practice of conducting “home visits” violated the Equal Protection Clause by disadvantaging pro se litigants like himself. He sought compensatory and punitive damages under 42 U.S.C. Section 1983, as well as attorney’s fees and injunctive and declaratory relief. Judge Goldston moved for summary judgment, claiming she was entitled to absolute judicial immunity. The district court denied her motion. At issue on appeal is whether Judge Goldston is entitled to judicial immunity.
The Fourth Circuit affirmed, holding that judicial immunity protects only judicial acts. It does not shield the conduct of judges who step outside their judicial role, as Judge Goldston did when searching Plaintiff’s home. The court explained that while Judge Goldston might have had the authority to order a search, the proper authority to conduct the operation was the local sheriff’s department or some other appropriate law enforcement agency. The court explained that just as “judges do not do double duty as jailers,” so too they do not do double duty as sheriffs. View "Matthew Gibson v. Louise Goldston" on Justia Law
Salem v. Illinois Attorney Registration and Discipinary Commission
In 2003, Salem received a license to practice law in New York. He applied for but was denied a license to practice in Illinois, where he resides, but maintained an Illinois practice, from 2004-2019, by obtaining permission to appear pro hac vice. The Illinois Attorney Disciplinary and Registration Commission (IARDC) charged him with falsely representing that he was licensed in Illinois and successfully requested that the Illinois Supreme Court prohibit Illinois courts from allowing him to appear pro hac vice for 90 days. Salem filed suit, 42 U.S.C. 1983.The Seventh Circuit affirmed the dismissal of Salem’s suit and ordered him to show cause why he should not be sanctioned. The court first rejected Salem’s argument that every Illinois district judge should be disqualified and the case transferred to Michigan. The court then held that the decision of the Illinois Supreme Court cannot be collaterally attacked in civil litigation. The court noted that the defendant, the IARDC, did not deprive Salem of liberty or property and that there was a rational basis for the Supreme Court’s decision. The court described the litigation as frivolous and noted Salem’s history of “preposterous” behavior in federal court. View "Salem v. Illinois Attorney Registration and Discipinary Commission" on Justia Law
Rossbach et al. v. Montefiore Medical Center et al.
Plaintiff sued her employer, Defendant Montefiore Medical Center, and two of its employees, asserting claims of sexual harassment during and retaliatory discharge from her employment. Following the district court’s grant of partial summary judgment in their favor, Defendants moved to dismiss Plaintiff’s remaining claims and sought sanctions against Plaintiff and her counsel, Appellant Daniel Altaras and his firm, Appellant Derek Smith Law Group, PLLC (“DSLG”), contending that Plaintiff’s text message evidence was a forgery. The district court found by clear and convincing evidence that Plaintiff had fabricated the text messages, falsely testified about their production, and spoliated evidence in an attempt to conceal her wrongdoing. The district court also found that Altaras had facilitated Plaintiff’s misconduct. The district court dismissed Plaintiff’s remaining claims with prejudice and imposed a monetary sanction of attorneys’ fees, costs, and expenses incurred by Defendants. On appeal, Appellants challenged various aspects of the district court’s conduct.
The court vacated the portion of the district court’s judgment imposing a sanction on Altaras and DSLG and remanded for further proceedings consistent. The court affirmed the judgment of the district court in all other respects. The court held that the district court erred by failing to expressly make the finding of bad faith required to support the sanction it imposed against Altaras and DSLG. The court directed that on remand, the district court may assess in its discretion whether Altaras’s misconduct—including his insistence on defending a complaint founded on obviously fabricated evidence or other actions—amounted to bad faith. View "Rossbach et al. v. Montefiore Medical Center et al." on Justia Law
Matthew Kezhaya v. City of Belle Plaine
Appellant Attorney Kezhaya represented The Satanic Temple, Inc., in its lawsuits against the City of Belle Plaine, Minnesota. The Temple sued the City, claiming that the City opened a limited public forum for a Christian monument, but closed the forum to exclude a Satanic monument. The City sought $33,886.80 in attorney’s fees incurred by responding to the complaint in the second lawsuit and preparing the motion for sanctions. The court determined that the rates charged by the City’s counsel were reasonable but observed that a portion of the work was duplicative of the first lawsuit and that the issues unique to the second lawsuit were not complex, novel, or difficult. The court thus reduced the requested amount by fifty percent and ordered the Temple’s counsel to pay the City $16,943.40 under Rule 11(c). Kezhaya appealed the sanctions order. He argues that the district court abused its discretion by (i) imposing sanctions, (ii) failing to consider non-monetary sanctions, and (iii) granting an arbitrary amount of sanctions.
The Eighth Circuit affirmed. The court explained that under the circumstances, it disagreed with Kezhaya’s contention about the righteousness of a second lawsuit. For the claims dismissed “without prejudice” in the first lawsuit, Kezhaya and the Temple made a strategic choice to seek leave to amend the complaint to correct the deficiencies identified in the dismissal order. Further, the court found that even if the City’s insurance carrier ultimately paid the fees, the fees were “incurred” for the motion and could be awarded under Rule 11(c)(2). View "Matthew Kezhaya v. City of Belle Plaine" on Justia Law
Doe v. University of Michigan
Doe, a University of Michigan student, was accused of sexual assault in 2018. Before the University’s investigation had concluded, he sued. alleging that the University’s disciplinary procedures for cases involving sexual assault violated his due process rights. The district court granted him a preliminary injunction preventing the disciplinary process from proceeding. The Sixth Circuit remanded for reconsideration in light of “Baum,” in which it held that the University’s disciplinary procedures violated due process and in light of the University’s new disciplinary policy implemented in response to that decision.The district court granted in part and denied in part the University’s motion to dismiss and granted in part Doe’s motion for partial summary judgment. The University appealed again, renewing its jurisdictional arguments. Before the appeal was heard, the complainant decided she no longer wished to participate. The Sixth Circuit determined that the appeal had become moot and vacated the summary judgment order. Doe then sought attorney fees, which the district court granted.The University appealed again. The Sixth Circuit vacated, noting that issues of ripeness, standing, and mootness have gone unaddressed through more than five years of litigation. Doe had standing to sue to seek the release of his transcript but that the district court lacked jurisdiction over his remaining claims. Doe was the prevailing party only as to his due process claim seeking the release of his transcript. View "Doe v. University of Michigan" on Justia Law
White v. Phillips
White. convicted of four counts of aggravated murder, two counts of attempted murder, two counts of felonious assault, one count of aggravated burglary, three counts of aggravated robbery, and one count of having a weapon while under disability, was sentenced to life in prison without parole. On appeal, White argued that he had received ineffective assistance of counsel because his attorney, Armengau, was under indictment in Franklin County, Ohio, for serious criminal offenses and “would have been conflicted over whether to devote time to preparing his own defense or that of his client”; “would have been reluctant to vigorously represent White" for fear of angering the prosecutor; and might have failed to engage in plea-bargaining in White’s case out of a desire to gain a victory over the prosecutor. The Ohio Court of Appeals declined to consider White’s claim because the record lacked necessary facts.In White's federal habeas proceedings, the district court found that Armengau had told White about Armengau’s indictment but White had decided to retain Armengau anyway. The Sixth Circuit affirmed the denial of relief. Because White’s claim depends on facts outside the state court record, the Supreme Court’s 2022 "Shinn" decision likely precludes relief. Even considering the new facts introduced in federal habeas court, White’s claim fails. White failed to show that the alleged conflict adversely affected counsel’s performance. White and Armengau’s cases were handled by different judges and were prosecuted by different authorities. View "White v. Phillips" on Justia Law
People v. Addison
Addison was convicted, in absentia, of unlawful possession of a motor vehicle, unlawful possession of a converted motor vehicle, forgery, and two counts of theft, arising out of his alleged use of counterfeit money to purchase a motorcycle, and was sentenced to 15 years’ imprisonment. Having failed to appear for trial, he was subsequently arrested.Addison’s appellate counsel did not file a brief and determined that there are no meritorious issues, except concerning credit that should be applied toward the prison sentences. Addison filed a postconviction petition, contending that trial and appellate counsel were deficient. Appointed postconviction counsel filed an amended petition, alleging trial counsel was ineffective for failing to file a motion to suppress based on improper Miranda warnings, for failing to object to expert testimony regarding counterfeit currency when no expert was disclosed, and for failing to argue sufficiency of the evidence where there were discrepancies; and that the court erred in giving an accountability instruction. The petition did not assert ineffective assistance of appellate counsel. The trial court dismissed the petition.Addison appealed, arguing that postconviction counsel rendered unreasonable assistance in failing to argue ineffective assistance of appellate counsel. The Illinois Supreme Court agreed. Addison did not forfeit collateral review of his conviction by failing to appear at trial. While any postconviction claims that could have been raised on direct appeal are generally forfeited that forfeiture could have been overcome by framing the issues as ineffective assistance of appellate counsel for failing to raise the issues on direct appeal. The appellate court properly remanded for compliance with Illinois Supreme Court Rule 651(c) without considering the merits. View "People v. Addison" on Justia Law
Roberts v. Neace
In 2020, three individuals opposed the Kentucky Governor’s COVID-19 restrictions on religious gatherings and on interstate travel. They obtained preliminary injunctions against the orders. The case was eventually dismissed as moot. The district court awarded them $272,142.50 in attorney’s fees as prevailing parties, 42 U.S.C. 1988(b). The Sixth Circuit affirmed the fees award.A preliminary injunction may suffice to establish “prevailing party” status if it mainly turns on the likelihood-of-success inquiry and changes the parties’ relationship in a material and enduring way. These injunctions measure up favorably in terms of the nature of the injunctions, the longevity of the relief, and the irrevocability of the relief. The court also rejected challenges to the amount of the award. View "Roberts v. Neace" on Justia Law
Morgan v. Board of Professional Responsibility of the Supreme Court of Tennessee
In 2019, Morgan began employment as Disciplinary Counsel for the Board of Professional Responsibility of the Supreme Court of Tennessee. During a disciplinary proceeding, Manookian, whose law license had been suspended, moved to disqualify Morgan as the Board’s counsel, claiming that Morgan was “an anti-Muslim bigot.” Manookian’s filing attached tweets posted by Morgan from 2015-2016 that allegedly demonstrated Morgan’s bias toward Muslims. Manookian is not Muslim but claimed that his wife was Muslim and that his children were being raised in a Muslim household. Morgan responded that the tweets were political in nature and related to the 2015–2016 presidential campaign; he disavowed any knowledge of the religious faith and practices of Manookian’s family. The Board moved for Morgan to withdraw as Board counsel in the appeal, which the court allowed. A week later, Garrett, the Board’s Chief Disciplinary Counsel, told Morgan that his employment would be terminated. Several months later, Garrett notified Morgan that the Board had opened a disciplinary file against him. The matter was later dismissed.The Sixth Circuit affirmed the dismissal of Morgan’s 42 U.S.C. 1983 claims against the Board for lack of subject-matter jurisdiction based on Eleventh Amendment sovereign immunity but reversed the dismissal of the claim for damages against Garrett based on absolute quasi-judicial immunity. Extending judicial immunity here would extend its reach to areas previously denied— administrative acts like hiring and firing employees. View "Morgan v. Board of Professional Responsibility of the Supreme Court of Tennessee" on Justia Law
Moss v. Miniard
Moss purchased cocaine from a DEA informant and was charged with possession with intent to deliver 1,000 or more grams of cocaine and possession of a firearm during the commission of a felony. Moss’s first attorney moved for an entrapment hearing. Steingold then began representing Moss. At the entrapment hearing, 10 days later, Steingold attested to minimal pre-trial preparation. Moss was the only witness he presented. Steingold requested a continuance to contact witnesses he learned about during Moss’s direct and cross-examination. The court permitted Steingold to contact one witness but denied a continuance. The prosecution presented five witnesses and multiple exhibits. The court denied Moss’s motion to dismiss based on entrapment.At trial, Steingold waived his opening argument, presented no witnesses, and stipulated to the admission of the transcript from the entrapment hearing as substantive evidence. For one of the government’s two witnesses, Steingold did not object during his testimony or conduct any cross-examination. Steingold waived his closing argument. On appeal, Moss unsuccessfully argued that Steingold provided constitutionally ineffective assistance by waiving Moss’s right to a jury trial and stipulating to the admission of the evidence from the entrapment hearing.The Sixth Circuit reversed the district court’s order of habeas relief. The state court’s denial of Moss’s ineffective assistance claims under Strickland was not contrary to nor an unreasonable application of clearly established federal law. View "Moss v. Miniard" on Justia Law