Constitutional Individual Right to Carry Firearm Outside Home? Supreme Court Considers Hearing Case
The Supreme Court is considering whether to hear a case which asks whether the Second Amendment entitles ordinary citizens to carry handguns outside the home for self-defense.
Dismissal Due to the Suppression of Evidence Does Not Satisfy the Favorable Termination Element of a Malicious Prosecution Claim
In January 2010, police arrested Terry Margheim at his home in Greeley, CO on suspicion of domestic violence committed against his girlfriend. Weld County prosecutors then initiated a criminal prosecution against him. Margheim posted a $3,000 bond and was required to comply with a protection order to avoid contact with his girlfriend.
Supreme Court to Decide Appellate Jurisdiction in Federal Employee “Mixed Case” Appeals
In the first case argued before Supreme Court Justice Neil Gorsuch, Justices appeared to disagree about how to handle “mixed cases,” alleging both adverse employment actions against federal civil service employees and prohibited discrimination, where the Merit Systems Protection Board concludes it lacks jurisdiction because the employee was not subject to an appealable action.
Supreme Court Finds That FEHBA Preempts State Law Barring Subrogation and Reimbursement
Today, the Supreme Court held that contractual subrogation and reimbursement prescriptions plainly relate to “payments with respect to benefits” under the Federal Employees Health Benefits Act of 1959 (FEHBA) and preempt state laws barring subrogation and reimbursement.
Discrimination on the Basis of Sexual Orientation Covered under Sex Discrimination for the Purposes of Title VII
Last week, the U.S. Court of Appeals the for the Seventh Circuit held that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.
Unlawful Pre-Trial Detention Claims Governed by Fourth Amendment
The Fourth Amendment governs a claim for unlawful pre-trial detention even beyond the start of legal process, the Supreme Court recently held in an opinion allowing a Section 1983 action to proceed against officers on grounds including the plaintiff’s pre-trial detention based on falsified evidence.
The Supreme Court Holds That Presidential Nominated Appointees Are Ineligible To Also Serve In An Acting Capacity In a Different Position
This week, the Supreme Court held that the Federal Vacancies Reform Act of 1998 (FVRA) prohibits persons who the President nominates for appointment to be placed in positions in acting capacities while awaiting confirmation by the Senate.
Hernandez v. Mesa Heard by Supreme Court
Recently, the Supreme Court heard oral argument in Hernandez v. Mesa to address issues arising out of the actions of U.S. Border Patrol agent Jesus Mesa when he fired a shot from United States soil that killed 15-year old Mexican boy Sergio Hernandez on Mexican soil.
Motion to Compel Granted in Part in Federal Employee Class Action Data Breach Litigation
Customers brought separate actions against Anthem, a health insurance company, after the company’s computer systems were compromised by a cyberattack.
Representatives Lieu and Beyer Release Guidance on Federal Employees Sharing Information with Public
On Thursday, February 16, 2017, Representatives Ted Lieu (D-CA) and Don Beyer (D-VA) released guidance for federal employees who may want to break the Trump administration’s “blackout” on federal agency communications with the press.
The Ninth Circuit Denies Emergency Stay of District Court Order on President Trump’s Travel Ban
Last week, the Ninth Circuit denied the Government’s motion to stay the district court’s order enjoining the nationwide enforcement of portions of Executive Order 13769.
Defendant Lacked Privacy Right in Vehicle Shipped to Him, Seventh Circuit
A defendant had no legitimate expectation of privacy in a car being shipped to him because he did not own the car, had never been inside it, and did not control the car’s contents, the Seventh Circuit recently held.
Supreme Court Finds that Officers Are Entitled to Qualified Immunity Finding Officers Did Not Violate Clearly Established Law
Recently, the Supreme Court held that a police officer who arrived late to ongoing police action did not violate clearly established law by failing to ensure that other officers carried out proper procedural warnings prior to his arrival.
Fourth Circuit: Frisks Are Constitutional Where Reasonable Suspicion Exists That Individual Is Armed
The Fourth Circuit recently held that an officer who makes a lawful stop and has reasonable suspicion a passenger is armed may frisk that individual.
Fifth Circuit: Reasonable to Believe Digital Video Recoverable Long After Production
A warrant for digital video was not based on stale information because a reasonable officer may believe that digital video would be recoverable months after its production, the Fifth Circuit recently held.
U.S. House Of Representatives Reintroduces Full Holman Rule For 115th Congress
On January 3, 2017, the United States House of Representatives passed a House Resolution, adopting rules for the 115th Congress.
Sixth Circuit: Unreasonable Seizure of Pets Is a Violation of the Fourth Amendment
Recently, the U.S. Court of Appeals for the Sixth Circuit found that an individual has a property right in his or her pet, the unreasonable seizure of which is a violation of the Fourth Amendment.
First Circuit: Arrest Without RAS Insufficient to Suppress Evidence in Removal Proceeding
The First Circuit recently reaffirmed that lack of reasonable suspicion to arrest a person was insufficient to suppress evidence arising from that arrest in an immigration proceeding.
Incidental Seizure of Emails between Foreign National and Defendant Did Not Violate Fourth Amendment Rights
The Court of Appeals for the Ninth Circuit recently found that an individual’s Fourth Amendment rights were not violated when his communications with an overseas foreign national were incidentally intercepted.
Qualified Immunity Granted where Probable Cause Could Have Occurred to Different Officer
The Ninth Circuit recently granted qualified immunity to an officer who arrested a driver without actually possessing probable cause to authorize the arrest because a reasonable officer could have known that probable cause did exist for the arrest.