Lundstrom v. Romero, No. 08-2254, concerned a civil rights action claiming a prolonged detention of plaintiffs.  The court reversed summary judgment for defendant-officers, holding that plaintiffs alleged facts sufficient to demonstrate the officers violated their clearly established constitutional rights because, while the circumstances the officers confronted initially supported a brief investigatory detention, objectively reasonable officers would not have prolonged the detention and searched the home on the facts before them.

In US v. Magnesium Corp. of Am., No. 08-4185, the court vacated summary judgment for defendants on the ground that an action by the U.S. claiming that defendants’ handling of wastes failed to comply with regulations promulgated under Subtitle C of the Resource Conservation and Recovery Act (RCRA), holding that the EPA never previously adopted a definitive interpretation, it remained free, even under the legal precedents on which defendants sought to rely, to change its mind and issue a new interpretation of its own regulations without assuming notice and comment obligations.

Related Resources

  • Full Text of Lundstrom v. Romero, No. 08-2254
  • Full Text of US v. Hood, No. 09-4156
  • Full Text of US v. Magnesium Corp. of Am., No. 08-4185

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