Justia Civil Procedure Opinion Summaries

Martin Crowson was an inmate at the Washington County Purgatory Correctional Facility (the “Jail”) when he began suffering from symptoms of toxic metabolic encephalopathy. Nurse Michael Johnson and Dr. Judd LaRowe, two of the medical staff members responsible for Crowson’s care, wrongly concluded Crowson was experiencing drug or alcohol withdrawal. On the seventh day of medical observation, Crowson’s condition deteriorated and he was transported to the hospital, where he was accurately diagnosed. After Crowson recovered, he sued Johnson, LaRowe, and Washington County under 42 U.S.C. 1983, alleging violations of the Eighth and Fourteenth Amendments. The district court denied motions for summary judgment on the issue of qualified immunity by Johnson and LaRowe, concluding a reasonable jury could find both were deliberately indifferent to Crowson’s serious medical needs, and that it was clearly established their conduct amounted to a constitutional violation. The district court also denied the County’s motion for summary judgment, concluding a reasonable jury could find the treatment failures were an obvious consequence of the County’s reliance on LaRowe’s infrequent visits to the Jail and the County’s lack of written protocols for monitoring, diagnosing, and treating inmates. Johnson, LaRowe, and the County filed consolidated interlocutory appeals, raising threshold questions of jurisdiction. Johnson and LaRowe challenged the denial of qualified immunity, while the County contended the Tenth Circuit should exercise pendent appellate jurisdiction to review the district court’s denial of its summary judgment motion. The Tenth Circuit exercised limited jurisdiction over Johnson’s and LaRowe’s appeals pursuant to the exception to 28 U.S.C. 1291, carved out for purely legal issues of qualified immunity through the collateral order doctrine. The Court held Johnson’s conduct did not violate Crowson’s rights and, assuming without deciding LaRowe’s conduct did, the Court concluded LaRowe’s conduct did not violate any clearly established rights. The Court's holding was "inextricably intertwined with the County’s liability on a failure-to-train theory," so the Court exercised pendent appellate jurisdiction to the extent Crowson’s claims against the County rested on that theory. However, under Tenth Circuit binding precedent, the Court's holdings on the individual defendants’ appeals were not inextricably intertwined with Crowson’s claims against the County to the extent he advanced a systemic failure theory. The district court's denial of summary judgment to Johnson, LaRowe, and the County on the failure-to-train theory was reversed, and the remainder of the County’s appeal was dismissed for lack of jurisdiction. View "Crowson v. Washington County State, Utah" 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

Plaintiffs filed suit under 42 U.S.C. 1983 alleging that state judges in Dallas, Texas are unconstitutionally denying release to indigent arrestees who cannot pay the prescribed cash bail. The district court certified the suit as a class action and allowed three different categories of judges to be defendants; determined that the Sheriff was not a proper defendant for Section 1983 purposes but did not yet dismiss her from the case; and held that there was a likelihood of success by plaintiffs on their equal-protection and procedural-due-process claims and granted injunctive relief against the judges and the County.With one exception, the Fifth Circuit agreed with the district court that plaintiffs have standing. The court concluded that the suit was properly allowed to proceed against most of the judges and the County. However, in regard to the Criminal District Court Judges, the court held that they are not proper defendants because plaintiffs lack standing as to them and cannot overcome sovereign immunity. The court also held that the Sheriff can be enjoined to prevent that official's enforcement of measures violative of federal law. Finally, the court held that the district court correctly concluded that plaintiffs need not first pursue habeas corpus relief. Accordingly, the court affirmed the injunction, with one revision, and remanded for further proceedings. View "Daves v. Dallas County" on Justia Law

Hill filed suit in state court, asking a judge to compel Young, his prison’s warden, to mail two complaints that Hill wanted to file in federal court. The defendants removed Hill’s suit to federal court. The district judge dismissed the complaint, observing that its records showed that the two complaints at issue had been filed.At Hill’s request, the Seventh Circuit vacated language from the judgment: “This dismissal shall count as one of [Hill’s] allotted ‘strikes’ under" 28 U.S.C. 1915(g). This statute provides: In no event shall a prisoner bring a civil action or appeal ... under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained ... brought an action or appeal in a court of the United States that was dismissed" as frivolous, malicious, or failing to state a claim unless the prisoner is under imminent danger of serious physical injury.Section 1915(g) requires prepayment of the docket fees only if the plaintiff has thrice “brought an action or appeal in a court of the United States” decided on one of the listed grounds. Hill did not “bring” this suit in a court of the United States. Defendants brought it to federal court under 28 U.S.C. 1441(a). This suit does not count as a “strike.” While the comment is dicta and is not binding in future litigation, it aggrieves Hill by drawing a future judge’s attention to this suit. View "Hill v. Madison County" on Justia Law

In 2012, the Denver Health and Hospital Authority hired Brent Houchin as an Employee Relations Specialist and promoted him to Employee Relations Manager. Throughout Houchin’s time at Denver Health, his supervisor consistently rated his performance as “successful” and “exceptional.” In an employee relations matter concerning the suspected diversion of controlled substances, a former in-house lawyer for Denver Health advised that using an employee’s medical records from off-duty medical care in connection with an internal investigation would violate the privacy requirements of the Health Insurance Portability and Accountability Act (“HIPAA”). Houchin objected to this interpretation of HIPAA because he (1) felt that it prevented him from investigating suspected employee diversions of controlled substances and (2) believed that HIPAA permitted the use of such employee information to detect health care fraud and abuse. This disagreement in interpretation would come into play when Houchin's employment was terminated, based on two alleged HIPAA violations relating to an investigation. Following his termination, Houchin appeared to have commenced Denver Health’s “Concern Resolution” process to address what he believed to be the discriminatory circumstances of his termination. Houchin then filed a Charge of Discrimination with the Colorado Civil Rights Division, alleging discrimination based on his sexual orientation and retaliation for using Denver Health’s “Concern Resolution” process to address such discrimination. The Civil Rights Division ultimately issued a Notice of Right to Sue, and Houchin filed a complaint against Denver Health. The issue this case presented for the Colorado Supreme Court's review centered on the interplay between the Colorado Anti-Discrimination Act ("CADA") and the Colorado Governmental Immunity Act (CGIA"). Denver Health moved to dismiss Houchin’s complaint, arguing, among other things, that Houchin’s discrimination and retaliation claims under CADA lie in tort and were therefore barred by the CGIA. The Supreme Court concluded: (1) claims for compensatory relief under CADA were not claims for “injuries which lie in tort or could lie in tort” for purposes of the CGIA and therefore public entities were not immune from CADA claims under the CGIA; (2) “the state,” as used in subsection 24-34-405(8)(g), included political subdivisions of the state. The appellate court's judgment dismissing Houchin's claims was reversed, and the matter remanded for further proceedings. View "Denver Health v. Houchin" on Justia Law

Timothy Williams began working at the El Paso County, Colorado Sheriff’s Office in 2002 and, after multiple promotions over the course of his career, reached the rank of lieutenant. In March 2016, Sheriff Bill Elder ordered a mandatory survey requesting, among other things, retirement eligibility dates from all employees. Williams, who then would have been eligible for full retirement benefits June 1, 2018, completed this survey and reported that he expected to retire within the next five years. Thereafter, Williams was assigned to a team that conducted investigations into alleged misconduct by personnel in his office. Apparently, Sheriff Elder was unhappy with Williams’s investigation and the sanctions that Williams recommended, and he confronted Williams in a meeting about it. This lead to a demotion to senior deputy, which carried a significant change in rank, pay, and duties that resulted in substantial adverse retirement benefit consequences for Williams. To avoid these consequences, Williams retired the following day, ultimately to be replaced by a younger and purportedly less qualified employee. Williams thereafter filed age discrimination and retaliation charges El Paso County Sheriff’s Office with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission. The issue this case presented for the Colorado Supreme Court's review centered on the interplay between the Colorado Anti-Discrimination Act ("CADA") and the Colorado Governmental Immunity Act (CGIA"). As applied to this case, the Supreme Court concluded: (1) claims for compensatory relief under CADA were not claims for “injuries which lie in tort or could lie in tort” for purposes of the CGIA and therefore public entities were not immune from CADA claims under the CGIA; (2) “the state,” as used in subsection 24-34-405(8)(g), included political subdivisions of the state and thus political subdivisions were not immune from claims for compensatory damages based on intentional unfair or discriminatory employment practices; and (3) front pay was equitable and not compensatory in nature under CADA, and age discrimination and retaliation claims seeking front pay did not lie and could not lie in tort for CGIA purposes. View "Elder v. Williams" on Justia Law

Delaware’s Constitution contains a political balance requirement for appointments to the state’s major courts. No more than a bare majority of judges on any of its five major courts “shall be of the same political party.” Art. IV, section 3. On three of those courts, those members not in the bare majority “shall be of the other major political party.” Adams, a Delaware lawyer and political independent, sued, claiming that those requirements violate his First Amendment right to freedom of association by making him ineligible to become a judge unless he joins a major political party.The Supreme Court held that because Adams has not shown that he was “able and ready” to apply for a judicial vacancy in the imminent future, he failed to show a “personal,” “concrete,” and “imminent” injury necessary for Article III standing. A grievance that amounts to nothing more than abstract and generalized harm to a citizen’s interest in the proper application of the law is not an “injury in fact.” Adams must at least show that he is likely to apply to become a judge in the reasonably foreseeable future if not barred because of political affiliation. Adams’ only supporting evidence is his statements that he wanted to be, and would apply to be, a judge on any of Delaware’s courts. The evidence fails to show that, when he filed suit, Adams was “able and ready” to apply for a judgeship in the reasonably foreseeable future. Adams’ statements lack supporting evidence, like efforts to determine possible judicial openings or other preparations. Adams did not apply for numerous existing judicial vacancies while he was a registered Democrat. He then read a law review article arguing that Delaware’s judicial eligibility requirements unconstitutionally excluded independents, changed his political affiliation, and filed suit. View "Carney v. Adams" on Justia Law

In this 42 U.S.C. 1983 action, Plaintiffs, three individuals who protested against abortion, challenged Norman, Oklahoma’s disturbing-the-peace ordinance, on its face and as the City has applied it to them. The specific issue presented in this interlocutory appeal was whether the district court abused its discretion in refusing to enjoin the City from enforcing the ordinance against Plaintiffs during this litigation. The Tenth Circuit concluded the district court did not abuse its discretion in denying Plaintiffs’ request for a preliminary injunction because they failed to show that they were substantially likely to succeed on the merits of their claims. View "Harmon v. City of Norman, Oklahoma" on Justia Law

In 2019, Jones pleaded guilty to possession with intent to distribute and distribution of cocaine base and was sentenced to the mandatory minimum of 10 years’ imprisonment. Jones filed a pro se emergency motion, seeking compassionate release because of the pandemic. Jones may have respiratory issues, is over 40 years old, and is obese. One out of every four prisoners has tested positive for COVID-19 in the prison where Jones is incarcerated.District courts may reduce the sentences of incarcerated persons in “extraordinary and compelling” circumstances, 18 U.S.C. 3582(c)(1)(A). Previously, only the Bureau of Prisons could file motions for compassionate release. The Bureau rarely did so. The 2018 First Step Act allows incarcerated persons to file their own motions.The Sixth Circuit affirmed the denial of Jones’s motion. In making sentence-modification decisions under section 3582(c)(1)(A), district courts must find both that “extraordinary and compelling reasons" warrant the reduction and that the "reduction is consistent with applicable policy statements issued by the Sentencing Commission” before considering relevant 18 U.S.C. 3553(a)sentencing factors. Sentencing Guideline 1B1.13, which has not been amended to reflect the First Step Act, is not an “applicable” policy statement in cases where prisoners file their own motions. District courts must supply specific factual reasons for their decisions. Here, the court found for the sake of argument that an extraordinary and compelling circumstance existed but that section 3553(a)'s factors counseled against granting release. View "United States v. Jones" on Justia Law

Federal judges may release prisoners for compassionate reasons. Previously, that authority required a motion by the Bureau of Prisons. The 2018 First Step Act created a judicial power to grant compassionate release on a prisoner’s own request; the prisoner must first allow the Bureau to review the request and make a recommendation (or let 30 days pass in silence), 18 U.S.C. 3582(c)(1)(A). Gunn’s sentence for drug and firearm offenses runs into 2024. She sought release under section 3582(c)(1)(A), arguing that, because of her age (62) and medical condition, she faces extra risks should she contract COVID-19.The district court denied relief, citing the requirement ”that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." The Sentencing Commission, which lacks a quorum, has not updated its policy statements to implement the Act. The most recent Guidelines Manual refers to a “motion of the Director of the Bureau of Prisons" and covers only prisoners who suffer from certain medical problems.The Seventh Circuit vacated. The Manual lacks an applicable policy statement; any decision is “consistent with” a nonexistent policy. “Consistent with” differs from “authorized by.” While a judge acting on a prisoner’s motion may lack the Director's advice, contemplated by Manual, about whether an “extraordinary and compelling reason” exists, the First Step Act does not muzzle the Director. Until an amended statement is adopted, district judges must operate under the statutory criteria: ”extraordinary and compelling reasons.” View "United States v. Gunn" on Justia Law