Justia Civil Rights Opinion Summaries

In April 2017, a tax foreclosure action was commenced against the then-owner of the Cincinnati property, Davis. The city was named as a defendant. Notice of a May 2018 order for a sheriff’s sale was served on the city on June 1, 2018. During 2017-2018, a building on the property was also the subject of administrative condemnation proceedings. The condemnation decision, dated July 16, 2018, was sent by certified mail to the then-owner, Davis. After the public hearing, but before the decision to demolish the building was made, Plaintiff was the successful bidder at the July 5 sheriff’s sale. A decree confirming the sale entered on July 17. A sheriff’s deed was issued and was recorded in August.Plaintiff was not aware of the demolition decision. On November 14, 2018, the city sent letters to Plaintiff summarizing the public nuisance proceedings and the decision to raze the building, requesting that Plaintiff respond within 10 days The letters were sent via certified mail but were never delivered to Plaintiff. The city made no subsequent efforts to provide notice to Plaintiff.The building was demolished on April 8, 2019. The city demanded $10,515.00 from Plaintiff for the costs of the demolition. The Sixth Circuit affirmed the rejection of Plaintiff’s claims under 42 U.S.C. 1983 and for trespass. Plaintiff was provided with “notice reasonably calculated, under all the circumstances,” of the pendency of the condemnation proceedings. The city did not need to obtain a warrant to demolish a vacant building that had been condemned by administrative proceedings which met due process requirements. View "Keene Group, Inc. v. City of Cincinnati" on Justia Law

The Eighth Circuit affirmed the district court's denial of plaintiff's motion for a preliminary injunction seeking to enjoin defendants from enforcing the City of Davenport's Special Events Policy against him. In this case, plaintiff seeks to protect his right to share his religious messages in public spaces within Davenport. The district court found that the Street Fest was a traditional public forum and that law enforcement's decision to move plaintiff to an adjacent location was likely a content-neutral limitation on the time, place, and manner of his speech.The court concluded that the district court did not err in determining the Special Events Policy was a content-neutral permitting scheme. Furthermore, even if it the court assumed for purposes of this appeal, without deciding, that plaintiff has shown a likelihood of success on the merits, the court found that plaintiff's inability to demonstrate a threat of irreparable harm heavily weighs against granting preliminary injunctive relief. View "Sessler v. City of Davenport" on Justia Law

The Eighth Circuit affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 claim, alleging that the County's right-of-way dedication ordinance violates their procedural due process rights. The court concluded that plaintiffs' due process and unconstitutional conditions claims are an impermissible attempt to recast a Takings claim. In this case, plaintiffs claim that the County's dedication rules could result in an exaction, which would require consideration of nexus and proportionality. However, the court concluded that this conflates takings and due process law. The court explained that plaintiffs claim a redundant remedy under the due process clause.The court concluded that the ordinance here promotes the government's interest in providing public roads and was not truly irrational. Furthermore, because plaintiffs received individualized notice and an opportunity to be heard on their variance applications, the County provided sufficient notice and opportunity for a hearing about their proposed uses. View "Pietsch v. Ward County" on Justia Law

Fisk, an LLC formed in 2018, had two members; one is an attorney. Fisk collaborated with the City of DeKalb regarding the redevelopment of a dilapidated property. Under a Development Incentive Agreement, if Fisk met certain contingencies, DeKalb would provide $2,500,000 in Tax Increment Financing. In 2019, Nicklas became the City Manager and opened new inquiries into Fisk’s financial affairs and development plans. Nicklas concluded Fisk did not have the necessary financial capacity or experience, based on specified factors.Fisk's Attorney Member had represented a client in a 2017 state court lawsuit in which Nicklas was a witness. Nicklas considered funding incentives for other development projects with which, Fisk alleged, Nicklas had previous financial and personal ties.The City Council found Fisk’s financial documents “barren of any assurance that the LLC could afford ongoing preliminary planning and engineering fees,” cited “insufficient project details,” and terminated the agreement. Fisk sued Nicklas under 42 U.S.C. 1983, alleging Nicklas sought to retaliate against Fisk and favor other developers. The Seventh Circuit affirmed the dismissal of the claims. Fisk did not exercise its First Amendment petition right in the 2017 lawsuit. That right ran to the client; Fisk did not yet exist. Fisk had no constitutionally protected property right in the agreement or in the city’s resolution, which did not bind or “substantively limit[]” the city “by mandating a particular result when certain clearly stated criteria are met.” Nicklas had a rational basis for blocking the project, so an Equal Protection claim failed. View "145 Fisk, LLC v. Nicklas" on Justia Law

Since 2011, Jonesboro’s wastewater system has spewed sewage onto Stringer’s property and into her home during heavy rains. Stringer repeatedly complained to the town and its mayor, then brought a “citizen suit” under the Clean Water Act (CWA), 33 U.S.C. 1365, with constitutional claims under 42 U.S.C. 1983 for the uncompensated taking of her property and the mayor’s retaliation. Stringer ran against the mayor in 2014 and claims he retaliated by ignoring her pleas, getting the town to sue her frivolously, and refusing to provide sandbags. The Louisiana Departments of Health (LDOH) and Environmental Quality (LDEQ) have long known about the problems. LDEQ sent the town warning letters and issued compliance orders about unauthorized discharges, including those afflicting Stringer. LDOH issued a compliance order about the discharges on Stringer’s property, imposed mandatory ameliorative measures, and assessed a daily fine. The district court dismissed, finding that the CWA prohibits such suits when a state is addressing the problem through “comparable” state law and finding her section 1983 claims untimely under Louisiana’s one-year prescriptive period. The Fifth Circuit affirmed as to the section 1983 claims. Stringer was long aware of the underlying facts and failed to sue within a year. The Fifth Circuit reversed in part. The enforcement action to which the court pointed—the state health department’s enforcement of the sanitary code—is not “comparable” to the CWA under circuit precedent. View "Stringer v. Town of Jonesboro" on Justia Law

The City of Truth or Consequences converted a community center for senior citizens into a visitor center operated by Spaceport America. A local resident, Ron Fenn, unhappy with this change, publicly protested his opposition over a period of several years. Some of his protests were inside the building and included offensive behavior and unauthorized uses of the facility. Several tenants in the building, including Spaceport Director Daniel Hicks, complained to local law enforcement about Fenn’s behavior and presence at the Center. He was issued three no trespass notices pursuant to New Mexico law over that time. Finally, in June 2017, Fenn was arrested and charged with trespass. The charges were later dismissed. Fenn sued, asserting: (1) a 42 U.S.C. 1983 civil rights claim for First Amendment retaliation against Hicks, arresting officer Michael Apodaca, and Police Chief Lee Alirez; (2) a section 1983 claim for malicious prosecution against Apodaca and Alirez; (3) claims against the City for supervisory liability and under Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978); (4) a section 1983 claim for supervisory liability against Alirez; and (5) a state law claim for malicious abuse of process against Apodaca and Alirez. The district court rejected Fenn’s claims on qualified immunity grounds, and the Tenth Circuit affirmed: the individual defendants were entitled to qualified immunity because no constitutional violation occurred. "And, in the absence of a constitutional violation by Apodaca or Alirez, there is no basis for the Monell and supervisory claims. Finally, the district court correctly dismissed Fenn’s state law claim for malicious abuse of process." View "Fenn v. City of Truth or Consequences" on Justia Law

The Supreme Court held that the failure to serve the Ohio Attorney General a declaratory judgment claim alleging an ordinance is unconstitutional at the inception of the action does not divest the trial court of its subject matter jurisdiction pursuant to Ohio Rev. Code 2721.12.The City of Cincinnati filed an action for injunctive relief against Fourth National Realty, LLC alleging that Fourth National had installed an outdoor advertising sign without obtaining the necessary permit and variance. Fourth National filed a counterclaim seeking a declaration that the City's outdoor advertising ordnances violated its constitutional right to free speech but did not serve its counterclaim until two years into the litigation. On remand, the City argued that the trial court lacked subject matter jurisdiction because Fourth National had not served the attorney general with notice of the pending constitutional claim at the inception of Fourth National's case. The trial court concluded that it had subject matter jurisdiction, and the court of appeals affirmed. The Supreme Court affirmed, holding that section 2721.12(A) does not require service on the attorney general at the inception of the action. View "City of Cincinnati v. Fourth National Realty, LLC" on Justia Law

After the City denied zoning permits to construct a Buddhist meditation and retreat center in a residential area of Mobile, the Association and its incorporators filed suit alleging violations of the Free Exercise and Equal Protection Clauses of the United States Constitution, several provisions of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), the Alabama Constitution, and state common-law principles.The Eleventh Circuit held that the district court applied the wrong standard in evaluating plaintiffs' claims under RLUIPA's substantial-burden provision and the Free Exercise Clause, and that the district court should reconsider those claims on remand under the proper standard, but that the district court properly rejected plaintiffs' claims under RLUIPA's equal-terms and nondiscrimination provisions and the Equal Protection Clause. The court also held that the district court misread the Alabama Religious Freedom Amendment (ARFA) and should reconsider plaintiffs' ARFA claim under the court's interpretation, but that the district court correctly rejected plaintiffs' negligent-misrepresentation claim. Therefore, the court vacated in part and remanded for further proceedings. The court affirmed the district court's rejection of plaintiffs' remaining claims. View "Thai Meditation Association of Alabama, Inc. v. City of Mobile" on Justia Law

Plaintiff filed suit challenging the constitutionality of the City of Simi Valley's regulations prohibiting mobile billboards on public property unless they qualify as authorized emergency or construction-related vehicles. The district court dismissed plaintiff's claims on the pleadings.The Ninth Circuit held that the City's mobile billboard regulations favor certain speakers where allowing certain speakers to park mobile billboards on public property but not others reflects a content preference. On its face, the Authorized Vehicle Exemption is content neutral, but to execute its purpose, the City enacted an ordinance that prefers speakers likely to spread messages consistent with its purpose. The panel stated that this is a prudent preference, a reasonable rationale, and a content-based choice that triggers strict scrutiny. Therefore, the panel vacated the district court's order granting the City's motion to dismiss regarding plaintiff's First Amendment claims. Because the district court concluded the ordinances were content neutral, it evaluated the sufficiency of plaintiff's complaint against the wrong standard. The panel remanded plaintiff's claims for the district court to reconsider it under the strict scrutiny standard. Finally, the panel held that the district court did not err by declining plaintiff's request to remand his state law claims to state court. View "Boyer v. City of Simi Valley" on Justia Law

National Butterfly Center, a 100-acre wildlife sanctuary and botanical garden owned by the nonprofit North American Butterfly Association, lies along the border with Mexico. The U.S. Department of Homeland Security (DHS) planned to build a segment of the border wall through the Center. The Association sued, citing the Fourth and Fifth Amendments and two environmental statutes. DHS has not analyzed the environmental impact of border wall-related activities at the Center (42 U.S.C. 4332(2)(C)), nor consulted with other federal agencies about how to minimize the impact of those activities on endangered species. An appropriation act subsequently prohibited funding for border fencing at the Center.The district court dismissed all claims, citing the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1103, as stripping jurisdiction over the statutory claims because the DHS Secretary waived the application of environmental laws with respect to the construction of roads and physical barriers at the Center.The D.C. Circuit affirmed in part, first holding that the claims were not moot and that jurisdiction over the statutory claims was not stripped by IIRIRA, nor was review channeled directly to the Supreme Court. The court held that DHS’s waiver determination defeats the statutory claims, that the Association failed to state a Fourth Amendment claim of unreasonable seizure of property it acknowledges to be “open fields,” but that the Association stated a procedural due process claim under the Fifth Amendment. View "North American Butterfly Association v. Wolf" on Justia Law