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In a prisoner civil rights action alleging excessive force and deliberate indifference to medical needs in violation of the Eighth Amendment, summary judgment for defendants is reversed in part and affirmed in part where: 1) as to three correctional officers in their individual capacities, plaintiff alleged conduct in violation of his Eighth Amendment rights that a reasonable officer would have known was a violation under the circumstances, and thus it was improper to dismiss plaintiff’s complaints against the officers on the basis of qualified immunity; 2) the court did not err in finding that the use of force in a shower incident and by other officers in the infirmary cell incident was not excessive, as the record reflects that the court considered the Whitley factors and the findings made by the court were sufficient for a clear understanding of the basis of the decision; and 3) the court did not clearly err in holding that there was no deliberate indifference to plaintiff’s serious medical needs....

In a tort action arising from an airplane crash, summary judgment for defendant is affirmed where defendant federally employed flight service station (FSS) did not negligently provide weather information to plaintiff’s decedent because the fact that a specialist must provide “accurate and complete” weather information does not mean that a specialist must provide a pilot with every detail from every relevant weather source. Read Glorvigen v. Cirrus Design Corp., No. 08-2680...

In an action under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. section 1395dd(a), based on an emergency room physician’s failure to diagnose plaintiff’s bacterial infection, summary judgment for defendants is affirmed where the district court had discretion to entertain successive motions for summary judgment and did not abuse its discretion in permitting defendants to file a successive motion. Read Hoffman v. Tonnemacher, No. 08-16166 Judges Opinion by Judge Graber...

COVID-19 has become an unprecedented pandemic, making it a confusing and frightening time for most Americans. This fear, however, is much worse for non-citizens, particularly those who have pending cases and whose status in the U.S. is not secure. This article provides resources for non-citizens with pending cases as they navigate life in the time of COVID-19. Asylum Interviews Asylum offices are temporarily closed to the public. If you have an interview scheduled during this period, you will get a cancellation notice, and your interview will be rescheduled once normal operations begin....

The heat of summer is upon us, and out pets. During these dog days of summer, you might be tempted to take Fido out with you to run your next errand, especially if he’s giving you those lonely puppy dog eyes. But before you do, think twice. If you leave your pet in the car, you may endanger your pet’s life, and risk violating animal cruelty laws. Animal Cruelty Laws Differ by State Every state has some form of animal cruelty laws, with penalties ranging from a small fine up to felony imprisonment....

If there’s one list you don’t want to appear on as a judge, it’s probably a list of “judges you’d totally want to hang out with this weekend.” Especially, if it’s because of your ability to procure “really good drugs,” as Above the Law likes to put it. But it looks like that’s exactly what former St. Clair County Circuit Judge Michael Cook has done. Judge Cook’s problems started earlier this year when, on a hunting trip with a colleague Judge Joseph Christ, at Cook’s father’s camp, he discovered Christ’s body....

In a union’s petition for review of the National Labor Relations Board’s order holding that the union engaged in unfair labor practices when it persuaded a construction company to fire an employee for failing to pay his union dues, the petition is denied where: 1) a letter sent by the union demanding the termination violated National Labor Relations Act section 8(b)(1)(A), because the union claimed the right and intent to seek the employee’s immediate dismissal without first discharging its fiduciary duties by explaining to the employee how it calculated his dues, or providing him a reasonable time period in which to make payment....

In June, The Oklahoman reported that U.S. Magistrate Judge Robert E. Bacharach didn’t have enough Republican support in the Senate to be confirmed for the Tenth Circuit Court of Appeals before the November elections because the selection and confirmation process for the seat is taking too long. Though delaying tactics are common for the party that doesn’t control the White House — the goal is to delay making lifetime appointments to federal courts in hopes their party will regain the White House and the power to fill judicial vacancies — Oklahoma legal leaders are urging the state’s U....

In a Takings Clause challenge to a rent control ordinance, judgment on the pleadings for defendant is reversed where the district court erred in determining that prior state court decisions striking plaintiff’s “England reservations” of its federal constitutional claims meant there was no valid reservation. Read Los Altos El Granada Investors v. Capitola, No. 07-16888 Appellate Information Argued and Submitted March 12, 2009 Filed October 7, 2009 Judges Opinion by Judge Bybee...

District court’s denial of a defendant’s habeas petition, alleging that the prosecution violated the Fourteenth Amendment by excluding blacks from the jury on account of their race, is affirmed as the state court’s finding that the prosecutor’s use of peremptory challenges was motivated by legitimate, race-neutral concerns was clearly not unreasonable. Read Mahaffey v. Ramos, No. 08-3916 Appellate Information Appeal from the United States District Court for the Northern District of Illinois, Eastern Division...

Lawyers for the burlesque-dancer turned mayor from New Jersey are appealing the jury instructions in her corruption trial. The appeal is now before the Third Circuit Court of Appeals and oral arguments were heard before a three-judge panel in June. Seventy-six year old Leona Beldini is facing three years of jail time and was convicted last year on charges of corruption and bribery in the massive sting operation dubbed “Bid Rig III....

The Bronx Household of Faith can meet in a New York City school for now. The Second Circuit Court of Appeals upheld a district court injunction allowing churches to resume holding worship services in New York City public schools this week. The appellate court, however, urged the district court to expedite the case and reach a decision before mid-June, reports The Washington Post. Last June, the Second Circuit Court of Appeals ruled that a New York City Department of Education rule prohibiting the use of schools for “religious services or religious instruction” did not constitute viewpoint discrimination because banning church services in public schools was not an effort to exclude expressions of religious points of view or of religious devotion....

For the third consecutive month, President Obama has announced a nominee to the Ninth Circuit Court of Appeals. This time, the honor goes to Arizona Supreme Court Justice Andrew Hurwitz. Since Obama has nominated a lot of judges in the last few months, we’ve figured out the formula for garnering a Circuit Court of Appeals spot: federal clerkship + private practice + public sector + academia = nomination. Let’s see if Justice Hurwitz adds up....

Pizza delivery is a fun gig, especially for those of us who love to drive while bumping hot jams. (“I [Drove] Myself Crazy” - don’t judge). Unfortunately for drivers, many pizza places now tack on a “delivery charge” of a buck or two, which some customers mistake for an automatically-included gratuity. For those restaurants that do not split that fee with the drivers, that means the drivers get shafted. Matt Luiken was one of those drivers....

Dennis Prager, the conservative talk show host, talks too much. That’s more or less what YouTube said when it shut down videos by Prager University, which is not a school but a podium for conservative views. Apparently offended, the “university” sued for violation of free speech and moved for a preliminary injunction. A federal judge told Prager to shut up. Not really, but sort of. Here’s what the court actually said in Prager University v....

Justice Antonin Scalia moseyed over to Princeton University on Monday to promote “Reading Law.” It didn’t go too well. We dare say the only thing anyone will remember from the lecture is a question from a student about Scalia’s dissents in Lawrence v. Texas and Romer v. Evans, in which the jurist compared homosexuality to murder, polygamy, and cruelty to animals. Scalia defended his arguments, saying, “If we cannot have moral feelings against homosexuality, can we have it against murder?...

In capital habeas proceedings, a grant of petitioner’s habeas petition is reversed where a state court’s rejection of claimed errors regarding jury instructions and verdict forms, as well as ineffective assistance of counsel, was not contrary to, or an unreasonable application of, clearly established federal law as: 1) the jury instructions and forms in the penalty phase made clear that, to recommend a death sentence, the jury had to find unanimously that each of the aggravating factors outweighed any mitigating circumstances, but they did not say that the jury had to determine the existence of each individual mitigating factor unanimously; and 2) even assuming that defense counsel’s closing argument was inadequate in the respects claimed by petitioner, there was no reasonable probability that a better closing argument without such defects would have made a significant difference....

After archaeologists discovered ancient clay tablets in the ruins of Persepolis in the 1930s, Iran loaned them to a Chicago museum where they are on display today. The U.S. Supreme Court said they will stay there, too, notwithstanding a $71.5 million judgment against Iran. The judgment creditors wanted to seize the artifacts to collect on their judgment, but the justices declined. Justice Sonia Sotomayor, writing for the unanimous panel, said federal law “does not provide a freestanding basis for parties” to “attach and execute” against the property of a foreign state in Rubin v....

The U.S. Supreme Court will likely not take up qualified immunity this term, keeping in place the controversial doctrine that provides a liability shield for police officers and other public officials. On Monday, June 15, the Supreme Court again declined to hear a qualified immunity case, the latest in a series of cases the Supreme Court has passed on deciding. The case involved an allegation that police sicced a dog on a burglar even after the burglar was in custody....

Defendants’ crack cocaine distribution sentences are affirmed where defendants’ sentences were not “based on a sentencing range that had subsequently been lowered by the Sentencing Commission” under 18 U.S.C. section 3582(c)(2). Read US v. Tupuola, No. 08-10422 Appellate Information Argued and Submitted October 14, 2009 Filed November 24, 2009 Judges Opinion by Judge Beezer Counsel For Appellants: Alexander Silvert, First Assistant Federal Defender, Honolulu, HI For Appellee: Beverly Wee Sameshima, Michael K....