Justia Civil Rights Opinion Summaries

The plaintiffs in this case are entities that own and operate a four-story building in Kemah, Texas. The building houses a bar, residential rental units, and a food truck. The dispute began when, in July 2021, the city issued a zero-occupancy notice for the building after an inspection found multiple safety hazards, prohibiting anyone except the owner and repair contractors from entering. Plaintiffs allege this deprived them of almost all economic use of the property. Separately, the city took enforcement action against the food truck, culminating in its removal from the property in October 2021. Plaintiffs challenged the food truck towing in state court, but ultimately dropped their appeal. They then sued the city in federal court, raising federal and state takings, due process, and equal protection claims regarding both the zero-occupancy notice and the food truck towing, and sought declaratory relief.The United States District Court for the Southern District of Texas granted the city’s motion to dismiss. The court found the claims related to the zero-occupancy notice were not ripe because plaintiffs had not pursued available administrative appeals to the city council, as allegedly required by city ordinances. The court dismissed the food truck claims on the merits, and dismissed the request for declaratory relief because no substantive claims remained.On appeal, the United States Court of Appeals for the Fifth Circuit held that the district court erred in dismissing the zero-occupancy notice claims as unripe. The appellate court determined that the city’s issuance of the zero-occupancy notice constituted a sufficiently final decision for purposes of ripeness and that exhaustion of administrative remedies is not required for claims under 42 U.S.C. § 1983. The court reversed the dismissal of the zero-occupancy notice claims and remanded those claims, including the related request for declaratory relief, for further proceedings. However, the court found that the plaintiffs had waived their food truck claims by failing to adequately brief them on appeal and affirmed their dismissal. View "T&W Holding v. City of Kemah, Texas" on Justia Law

A resident of University Heights, Ohio, who practices Orthodox Judaism, sought to use his home for group prayer sessions due to religious obligations and restrictions on travel during the Sabbath. After inviting neighbors to participate in these gatherings, a neighbor complained to city officials, prompting the city’s law director to send a cease-and-desist letter, warning that using the home as a place of religious assembly violated local zoning laws. The resident then applied for a special use permit to operate a house of worship but withdrew his application before the city’s Planning Commission could reach a decision, stating he did not wish to operate a house of worship as defined by the ordinance. Despite withdrawing, he later filed a federal lawsuit against the city and several officials, alleging violations of federal and state law, including constitutional and statutory claims.The United States District Court for the Northern District of Ohio granted summary judgment for the city and its officials. The court found that the plaintiff’s claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First and Fourteenth Amendments, and the Ohio Constitution were unripe because there was no final decision by the relevant local authorities regarding the application of the zoning ordinance to his property. The court also rejected his Fourth Amendment and Freedom of Access to Clinic Entrances Act (FACE Act) claims on the merits and declined supplemental jurisdiction over a state public records claim.The United States Court of Appeals for the Sixth Circuit affirmed. The court held that most of the plaintiff’s claims were unripe because he withdrew his application before any final decision was made by the city’s zoning authorities, and thus there was no concrete dispute for federal review. The court also held that his facial challenges to the ordinance were forfeited and, in any event, failed as a matter of law. The court further concluded that the Fourth Amendment and FACE Act claims failed on the merits and found no abuse of discretion in declining supplemental jurisdiction over the state law claim. View "Daniel Grand v. City of University Heights, Ohio" on Justia Law

In 2023, the Florida Legislature enacted Senate Bill 264, which, among other provisions, imposed restrictions on real property transactions involving persons domiciled in China who are not U.S. citizens or lawful permanent residents. The law included three key requirements: a purchase restriction barring certain Chinese domiciliaries from acquiring Florida real estate, a registration requirement mandating such individuals to register their existing property interests, and an affidavit requirement obligating all purchasers of Florida real estate to attest compliance with the law. Four Chinese citizens residing in Florida on various nonimmigrant visas and a real estate brokerage firm serving Chinese-speaking clients challenged these provisions, alleging violations of the Equal Protection Clause, the Fair Housing Act, the Due Process Clause, and federal preemption.The plaintiffs filed suit in the United States District Court for the Northern District of Florida against several state officials responsible for enforcing SB 264. They sought a preliminary injunction to halt enforcement of the purchase restriction, registration requirement, and affidavit requirement. The district court found that the plaintiffs had standing to challenge all three provisions but denied the preliminary injunction, concluding that the plaintiffs were not substantially likely to succeed on the merits of their claims.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the district court’s decision. The Eleventh Circuit held that the plaintiffs lacked standing to challenge the purchase restriction because none had shown an imminent injury from that provision. However, at least one plaintiff had standing to challenge the registration and affidavit requirements. The court affirmed the denial of the preliminary injunction as to the registration and affidavit requirements, finding no substantial likelihood of success on the merits of the constitutional, statutory, or preemption claims. The court reversed and remanded the denial of the preliminary injunction as to the purchase restriction, instructing the district court to deny it without prejudice for lack of standing. View "Shen v. Commissioner, Florida Department of Agriculture and Consumer Services" on Justia Law

Legacy Housing Corporation purchased several hundred vacant lots in Horseshoe Bay, Texas, intending to develop manufactured housing. The lots were subject to zoning restrictions, including a cap on speculative housing permits, contractor requirements, utility hookup fees, and setback rules. Legacy also acquired adjacent land in the city’s extraterritorial jurisdiction (ETJ) to build a road connecting the lots to a nearby highway, but this land was restricted to agricultural and residential use. Despite these limitations, Legacy constructed a road over the ETJ property, a greenbelt strip, and some development lots, advertising it as a shortcut and access to planned amenities. The City and other defendants opposed the road, citing violations of existing restrictions. Legacy alleged a conspiracy among the City, the property owners’ association (POA), and developers to prevent its development.The United States District Court for the Western District of Texas addressed multiple claims and counterclaims. It denied Legacy’s motion to dismiss the City’s counterclaims, granted the City’s motion to dismiss most claims against it, and granted summary judgment to all defendants on the remaining claims, including regulatory takings, Section 1983 violations, civil conspiracy, breach of fiduciary duty, negligence, and a strips and gores claim. Legacy’s own motion for partial summary judgment was denied, and final judgment was entered.On appeal, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s rulings, with one modification. The appellate court held that Legacy’s regulatory takings claim regarding the two-permit cap was not prudentially ripe and should be dismissed without prejudice. The court otherwise affirmed summary judgment for the defendants, finding no genuine dispute of material fact and concluding that Legacy did not have property rights to build the road, nor did the defendants breach any legal duties or restrictive covenants. View "Legacy Hsing v. City of Horseshoe Bay" on Justia Law

A nonprofit organization that assists individuals recovering from alcoholism and substance abuse sought to establish a group home in a New Jersey township by leasing a two-family dwelling. Before residents could move in, the township required a Certificate of Continuing Occupancy (CCO). The organization’s application for the CCO was denied by the township’s zoning officer, who stated that the intended use violated local zoning ordinances. The township’s attorney later explained that the group home was considered a “Community Residence” under state law and thus could not operate in a two-family dwelling. The organization disputed this classification but received no further response from the township.After the denial, the organization filed suit in the United States District Court for the District of New Jersey, alleging discrimination under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), and sought a preliminary injunction. The District Court denied the preliminary injunction, finding the organization had not shown a likelihood of success on the merits, and the United States Court of Appeals for the Third Circuit affirmed that denial. The organization then filed a First Amended Complaint, which the township moved to dismiss. The District Court granted the motion, holding that the amended complaint failed to state a claim and denied leave to amend further, reasoning that prior rulings had already provided notice of deficiencies and that amendment would be futile.On appeal, the United States Court of Appeals for the Third Circuit affirmed the dismissal of the First Amended Complaint for failure to state a claim, finding insufficient factual allegations to support a plausible inference of discriminatory intent or disparate impact. However, the court vacated the denial of leave to amend, holding that the District Court erred in concluding amendment would be futile, and remanded for further proceedings. View "Oxford House Inc v. Township of North Bergen" on Justia Law

Amy Hadley’s home in South Bend, Indiana, was significantly damaged when law enforcement officers executed a search warrant in pursuit of a murder suspect they believed was inside her residence. The officers, acting on information that the suspect had accessed his Facebook account from Hadley’s IP address, obtained a warrant and forcefully entered the home, causing extensive property damage, including the use of tear gas and destruction of personal items. Hadley, who had no connection to the suspect, was denied compensation by both the City of South Bend and St. Joseph County for the $16,000 in damages.After her request for compensation was denied, Hadley filed suit in Indiana state court, seeking relief under 42 U.S.C. § 1983 for violations of her Fifth and Fourteenth Amendment rights, specifically invoking the Takings Clause. The case was removed to the United States District Court for the Northern District of Indiana, South Bend Division. The defendants moved to dismiss, arguing that Seventh Circuit precedent, particularly Johnson v. Manitowoc County, foreclosed her claim. The district court agreed and dismissed the complaint, finding that the Takings Clause did not entitle her to compensation for property damage resulting from the execution of a lawful search warrant.On appeal, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s dismissal. The court held that, under its precedent in Johnson v. Manitowoc County, the Fifth Amendment does not require the government to compensate property owners for damage caused by law enforcement executing a valid search warrant. The court declined to overrule Johnson and found that Hadley’s arguments did not warrant revisiting the established rule. View "Hadley v. City of South Bend" on Justia Law

Ann Tierney Smith owned real property in West Virginia but failed to pay the assessed real estate taxes for 2016. As a result, the Mercer County Sheriff sold a tax lien on the property to Ed Boer. Boer sought a tax deed and provided the West Virginia State Auditor’s Office with a list of individuals to be notified about the right to redeem the property, including Smith. However, Boer did not include Smith’s current mailing address, which was available in county records. Notices sent by mail were returned as undeliverable, and attempts at personal service were unsuccessful, leading to notices being posted at the property and other addresses. After the redemption deadline passed, G. Russell Rollyson, Jr., an employee of the State Auditor’s Office, issued a tax deed to Boer. Smith learned of the deed in late 2020.Smith, and later her estate representatives, sued Rollyson and Boer under 42 U.S.C. § 1983, alleging deprivation of property without due process. The United States District Court for the Southern District of West Virginia granted summary judgment to Rollyson, finding him entitled to qualified immunity. The court determined that while Rollyson could have directed Boer to search county records for Smith’s address after the mailed notices were returned, the duty to do so was not clearly established at the time. The estate representatives appealed the decision.The United States Court of Appeals for the Fourth Circuit reviewed the district court’s summary judgment and qualified immunity rulings de novo. The Fourth Circuit held that it was not clearly established on April 1, 2019, that Rollyson was required to have Boer search county records anew for Smith’s address after the mailed notices were returned. The court found that existing precedent did not prescribe a specific follow-up measure and that Rollyson’s actions did not violate clearly established law. The judgment of the district court was affirmed. View "Ann deWet v. G. Russell Rollyson, Jr." on Justia Law

A hotel in the Town of Newburgh, New York, agreed to provide long-term housing to asylum seekers as part of a program initiated by New York City. In response, the Town alleged that the hotel’s actions violated local zoning and occupancy ordinances, which limited hotel stays to transient guests for no more than 30 days. The Town inspected the hotel, found modifications suggesting long-term use, and filed suit in the Supreme Court of the State of New York, Orange County, seeking to enjoin the hotel from housing asylum seekers for extended periods. The state court issued a temporary restraining order, but allowed the asylum seekers already present to remain pending further orders.The hotel removed the case to the United States District Court for the Southern District of New York, arguing that the Town’s enforcement was racially motivated and violated Title II of the Civil Rights Act of 1964, thus justifying removal under 28 U.S.C. § 1443(1). The district court found that removal was improper because the hotel had not sufficiently pleaded grounds for removal under § 1443(1), and remanded the case to state court.While the hotel’s appeal of the remand order was pending before the United States Court of Appeals for the Second Circuit, the underlying state court action was discontinued with prejudice after the asylum seekers left and the City ended its program. The Second Circuit determined that, because the state court case was permanently terminated, there was no longer a live controversy regarding removal. The court held the appeal was moot and, following standard practice when mootness occurs through no fault of the appellant, vacated the district court’s remand order and dismissed the appeal. View "Town of Newburgh v. Newburgh EOM LLC" on Justia Law

Chosen Consulting, LLC, doing business as Chosen Healthcare, and other related entities (collectively "Chosen") filed a lawsuit against the Town Council of Highland, Indiana, the Highland Municipal Plan Commission, and the Town of Highland, Indiana (collectively "the Town"). Chosen alleged that the Town discriminated against patients with addiction-related ailments by refusing to provide a letter stating that Chosen’s proposed use of its property complies with local zoning requirements. Chosen claimed this discrimination violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, seeking compensatory, injunctive, and declaratory relief.The United States District Court for the Northern District of Indiana granted summary judgment to the Town. The district court held that Chosen's claim for injunctive relief under the ADA and the Rehabilitation Act was not ripe for adjudication because Chosen had not obtained a final decision from the local zoning authorities. The court indicated that Chosen needed to pursue its request for zoning approval through the Board of Zoning Appeals (BZA) and, if necessary, appeal any final decision entered by the BZA to the state courts before seeking an injunction in federal court.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decision. The Seventh Circuit held that Chosen's claim for injunctive relief was not ripe because Chosen had not satisfied the finality requirement set forth in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. The court emphasized that Chosen needed to follow the local zoning procedures, including applying for a use variance or seeking a declaratory judgment in state court, to obtain a final decision from the Town. Until Chosen completed these steps, the dispute was not ripe for federal court review. View "Chosen Consulting, LLC v Town Council of Highland" on Justia Law

Craig Lussi, a homeowner on Gibson Island, Maryland, sought to build an assisted living facility for elderly people with disabilities. The Gibson Island Corporation, a homeowners association, opposed the project, citing a restrictive covenant prohibiting business use of homes without approval. Lussi requested an exemption as a reasonable accommodation under the Fair Housing Act (FHA) and Maryland law, but the Corporation imposed four conditions, which Lussi found unreasonable. Negotiations failed, leading to litigation.The United States District Court for the District of Maryland granted summary judgment to the Corporation, finding that Lussi could not show the requested accommodation was necessary for providing equal housing opportunities. The court also dismissed Lussi's retaliation and discrimination claims, concluding there was no evidence of adverse actions or discriminatory intent by the Corporation.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that the district court erred in its analysis of the necessity element by focusing on the removal of the Corporation's conditions rather than the requested exemption itself. The appellate court held that the exemption was necessary to provide equal housing opportunities for disabled individuals on Gibson Island. The court also found genuine disputes of material fact regarding the reasonableness of the Corporation's conditions, which should be resolved by a jury.Additionally, the appellate court determined that Lussi's retaliation and discrimination claims presented jury questions. The court noted evidence suggesting the Corporation's stated reasons for opposing the project might be pretextual and that community hostility towards disabled residents could imply discriminatory intent.The Fourth Circuit vacated the district court's summary judgment in favor of the Corporation and remanded the case for further proceedings. View "Group Home on Gibson Island, LLC v. Gibson Island Corp." on Justia Law