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Federal Judiciary

Decision of the Day

A daily summary of the best (and worst) of federal appellate decisions.

Post Frequency: 0.6/day

Last Entry: June 27, 2008 at 18:06:28

A Fourth Amendment Case With an Ethical Twist

Posted on February 13, 2008
Eidson v. Owens, 07-7007 (10th Cir., Feb. 13, 2008) This Tenth Circuit decision involves a deputy sheriff who coerced the plaintiffs into allowing deputies to search their property. Defendant Floyd Wesley Owens is a reserve sheriff in rural Oklahoma. News travels quickly in a small town, and Owens heard that plaintiff Kim Eidson had been involved [...

Fifth Circuit Strikes Down Texas Sex Toy Ban

Posted on February 12, 2008
Reliable Consultants, Inc. v. Earle, 06-51067 (5th Cir., Feb. 12, 2008) In a major Fourteenth Amendment ruling, a divided panel of the Fifth Circuit has struck down portions of a Texas statute that makes it a crime to sell “obscene devices.” You know what I?m talking about...

Fifth Widens Circuit Split Over Psychotherapist-Patient Privilege

Posted on February 11, 2008
U.S. v. Auster, 07-30084 (5th Cir., Feb. 11, 2008) Today, the Fifth Circuit broke new ground in a growing circuit split over whether the psychotherapist-patient privilege applies to violent threats. Defendant John Auster is a retired police officer who suffers from paranoia, anger, and depression; the fact that his worker?s compensation benefits were about to be [...

Second Revives ADA Claim Against Rude Fast Food Employees

Posted on February 08, 2008
Camarillo v. Carrols Corporation, 06-4909 (2nd Cir., Feb. 8, 2008) The Second Circuit has revived a disability discrimination claim against several fast food chains in the Catskills area that do not have large print menus. Plaintiff Alice Camarillo is legally blind and can only read large print at a close distance...

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Shotgun Pleading Gets Caught in the Crosshairs

Posted on February 06, 2008
Davis v. Coca Cola Bottling Co., 05-12988 (11th Cir., Feb. 6, 2008) If the framers of the Federal Rules of Civil Procedure could read the record in this case ? beginning with the plaintiffs? complaint and [defendant]?s answer and continuing to the district court?s final order granting�[the defendant]�summary judgment ? they would roll over in their [...

Interesting Immigration Decision from the Seventh

Posted on February 05, 2008
Garcia-Meza v. Mukasey, 07-2215 (7th Cir., Feb. 5, 2008) Immigrants who have been lawful residents of this country for years can still be deported in a heartbeat if they commit crimes of moral turpitude. Is crumpling up a parking ticket and tossing it at the feet of the meter maid enough to get someone deported? That?s [...

Fifth Exposes Secret Class Action Fee Award

Posted on February 04, 2008
In re High Sulfur Content Gasoline Products Liability Litigation, 07-30384 (5th Cir., Feb. 4, 2008) This Fifth Circuit appeal provides an interesting window into the strange and secretive world of class action attorneys. The appeal involves a New Orleans district court?s distribution of attorney fees in a class action suit over contaminated gasoline that had damaged [...

Tax-Cheating Survivor Stays in Prison

Posted on February 02, 2008
U.S. v. Hatch, 06-1902 (1st Cir., Feb. 1, 2008) Just as Richard Hatch stayed until the end of the game on Survivor: Borneo, he’ll also stay until the end of the game at FCI: Morgantown.� That’s the word from the First Circuit, which rejected Hatch’s tax evasion appeal yesterday...

First Rejects Claims from Parents Angry Over Homosexuality in Elementary Schools

Posted on February 01, 2008
Parker v. Hurley, 07-1528 (1st Cir., Jan. 31, 2008) Massachusetts was a national leader on the issue of gay marriage, and now some elementary schools are apparently following suit. This does not sit well with all of the parents of school-aged children, including the plaintiffs in this suit against Lexington school officials...

School Strip Search Case Headed for En Banc Rehearing

Posted on January 31, 2008
Redding v. Safford Unified School District #1, 05-15759 (9th Cir., Jan. 31, 2008) Remember this appeal from last September? Thirteen-year-old Savana Redding, an honor roll student with no prior disciplinary problems, was required to strip, exposing her breasts and pubic area, in a fruitless search for ? at worst ? prescription strength ibuprofen...

Notorious Nazi Loses Deportation Appeal

Posted on January 30, 2008
Demjanjuk v. Mukasey, 07-3022 (6th Cir., Jan. 30, 2008) The man who many have alleged to be Ivan the Terrible may have beaten a death sentence, but he?s not going to beat deportation. That?s the word from the Sixth Circuit, which rejected an immigration appeal from John Demjanjuk, who allegedly ran the gas chamber at the [...

Tenth Stretches Personal Jurisdiction in eBay Infringement Case

Posted on January 29, 2008
Dudnikov v. Chalk & Vermillion Fine Arts, Inc., 06-1458 (10th Cir., Jan. 28, 2008) Late yesterday, the Tenth Circuit issued a very interesting decision showing how far the internet has stretched the concept of personal jurisdiction. The plaintiffs are Colorado-based eBay sellers who decided to make some money with an awkward�variation on the elegantly dressed women [...

Coming Soon To Arizona Roads: Choose Life License Plates

Posted on January 28, 2008
Arizona Life Coalition v. Stanton, 05-16971 (9th Cir., Jan. 28, 2008) Pro-lifers won a big victory today, courtesy of the Ninth Circuit. A coalition of pro-life and pregnancy support groups asked the Arizona License Plate Commission to start issuing speciality plates with the message, “Choose Life...

Harvey Has A Heart!

Posted on January 25, 2008
Stanford v. Continental Casualty Co., 06-2006 (4th Cir., Jan. 23, 2008) I usually�try not to bore my readers with�ERISA cases, but I must make an exception for this appeal, in which Judge Wilkinson parts ways from his conservative brethren to argue that a recovering drug addict is entitled to disability benefits...

En Banc Ninth Scales Back Protections for Social Workers

Posted on January 24, 2008
Beltran v. Santa Clara County, 05-16976 (9th Cir., Jan. 24, 2008) In a brief per curiam decision, the en banc Ninth Circuit has renounced a 2003 decision granting social workers absolute immunity for their actions in child dependency proceedings. The limits of that precedent were sorely tested in this � 1983 case, which involves allegations that [...

A Not-So-Instant Replay in Baseball Doping Scandal

Posted on January 24, 2008
U.S. v. Comprehensive Drug Testing, Inc., 05-10067 (9th Cir., Jan. 24, 2008) The government?s investigation into the Balco doping scandal just took a bad bounce. This appeal involves evidence that the government seized when it raided two labs that run drug tests for Major League Baseball...

Third Divides Over Discrimination Against Out-of-State Sex Offenders

Posted on January 23, 2008
Doe v. Pennsylvania Board of Probation, 05-4200 (3rd Cir., Jan. 23, 2008) In a significant ruling on a hot-button issue, a divided panel of the Third Circuit has struck down part of Pennsylvania?s sex offender notification statute because it discriminates against out of state sex offenders...

Is There a Difference Between ?Reasonable Belief? and ?Probable Cause??

Posted on January 22, 2008
Price v. Sery, 06-35159 (9th Cir., Jan. 21, 2008) This Ninth Circuit decision focuses on a fascinating semantic issue in Fourth Amendment law: is there a legally significant difference between reasonable belief and probable cause? The question arises in the context of a Portland policy that authorizes deadly force if an officer “reasonably believes” that the [...

Divided Tenth Rejects Suit to Treat Paralympians the Same as Olympians

Posted on January 19, 2008
Hollonbeck v. United States Olympic Committee, 07-1053 (10th Cir., Jan. 16, 2008) Seven years ago, the Supreme Court issued a highly controversial decision requiring the PGA to allow disabled golfers to use a cart to get from one�shot to another. Now, disabled athletes have another battle to fight: they want the United States Olympic Committee to [...

No Trial for Drunk Driver Snared During DWI Contest

Posted on January 17, 2008
Sherbrooke v. City of Pelican Rapids, 06-4072 (8th Cir., Jan. 17, 2008) Here is an interesting Fourth Amendment decision from the Eighth Circuit. Plaintiff David Sherbrooke had a few drinks too many at his high school reunion in Pelican Rapids, Minnesota...

Fifth Grader Loses Suit Over Religious Candy Cane

Posted on January 16, 2008
Curry v. Hensiner, 06-2439 (6th Cir., Jan. 16, 2008) Here?s a Sixth Circuit�appeal involving religion in public schools. This time the plaintiff is a fifth grader who wanted to “sell” candy cane ornaments with a religious message attached as part of a classroom exercise...

John Ashcroft To Stand Trial for Death Row Media Policy?

Posted on January 15, 2008
Hammer v. Ashcroft, 06-1750 (7th Cir., Jan. 15, 2008) In a major prisoner appeal, the Seventh Circuit has revived a federal death row inmate?s lawsuit over the Bureau of Prison?s ban on in-person media interviews. The high profile defendants include former Attorney General John Ashcroft and former BOP director Kathleen Hawk-Sawyer, both of whom are sued [...

Divided Sixth Circuit Revives Claims Against Overzealous Prosecutor

Posted on January 14, 2008
Harris v. Bornhorst, 06-3729 (6th Cir., Jan. 14, 2008) Today?s Sixth Circuit decisions include this fascinating but tragic � 1983 case brought by Anthony Harris, who was the prime suspect in the brutal murder of a five year old neighbor. In fact, Harris had confessed to the killing and was convicted...

It?s War on Terror Day in the D.C. Circuit

Posted on January 11, 2008
Rasul v. Rumsfeld, 06-5209 (D.C. Cir., Jan. 11, 2008) National Institute of Military Justice, 06-5242 (D.C. Cir., Jan. 11, 2008) U.S. v. Sheehan, 07-3002 (D.C. Cir., Jan. 11, 2008) Things might not be looking so hot in Iraq, but today, the Bush administration won two significant victories in the War on Terror, courtesy of the D...

First Vacates Jury Award for Victim of Overzealous Airline Security

Posted on January 10, 2008
Cerqueira v. American Airlines, 07-1824 (1st Cir., Jan. 10, 2008) In a decision that delves into the security decisions that airline crews face every day, the First Circuit has vacated a jury verdict for a plaintiff who alleged that he was tossed off of an American Airlines flight because passengers and crew thought he was middle [...

No Due Process Claim for Momma?s Boy

Posted on January 09, 2008
Miyler v. Village of East Galesburg, 06-3625 (7th Cir., Jan. 9, 2008) This � 1983 lawsuit involves a pretty cozy arrangement: plaintiff Cody Miyler served as the Chief of Police of the tiny village of East Galesburg, Illinois, and he reported to the Village President, who also happened to be his mother...

Fourth Circuit Vacates Conviction on Fourth Amendment Grounds

Posted on January 08, 2008
U.S. v. Reaves, 06-5073 (4th Cir., Jan. 8, 2008) In a surprising Fourth Amendment decision, the Fourth Circuit has vacated a defendant?s gun conviction because police did not have reasonable suspicion to stop the defendant. Here are the facts: An anonymous 911 caller reported that she had seen the driver of a plum-colored Mercedes engage in [...

Shake That Thang! Says Posner

Posted on January 07, 2008
Richman v. Sheahan, 07-1487 (7th Cir., Jan. 7, 2008) Here?s another gem of a Seventh Circuit decision, this time from the inimitable Richard Posner. For the second time, the Court has reversed a district court decision granting summary judgment to police officers who injured an elderly woman and her obese son as they literally dragged them [...

Sixth Circuit Enacts the ?Some Children Left Behind? Act

Posted on January 07, 2008
School District of the City of Pontiac v. Secretary of Education, 05-2708 (6th Cir., Jan. 7, 2008) In an fascinating Spending Clause decision, a divided panel of the Sixth Circuit has�struck down�the unfunded mandates in the No Child Left Behind Act. Under the NCLB, local school districts receive additional federal funding in exchange for agreeing to [...

The Sixth?s Resolution for 2008: More En Banc Habeas Decisions?

Posted on January 04, 2008
Bell v. Bell, 04-5523 (6th Cir., Jan. 4, 2008) The Sixth Circuit is known for its deep divisions in habeas cases, and the divide is on stark display today in this en banc decision affirming the denial of habeas relief. Petitioner Stephen Bell (presumably no relation to the respondent, Warden Ricky Bell) claims that the prosecutor [...

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