Justia Civil Procedure Opinion Summaries

The Supreme Court affirmed Defendant's conviction for two counts of first degree murder, two counts of use of a deadly weapon to commit a felony, and one count of possession of a deadly weapon by a prohibited person, holding that Defendant's assignments of error either were without merit or were not adequately preserved for appellate review.On appeal, Defendant argued that two of the district court's jury instructions were incorrect, that the affidavit relied upon by law enforcement to obtain a warrant to collect a sample of Defendant's DNA was insufficient to support probable cause, and that the identification of Defendant by one of the State's witnesses was unreliable. The Supreme Court affirmed, holding that Defendant either waived his right to assert the allege errors on appeal or that his arguments on appeal were without merit. View "State v. Pope" on Justia Law

Plaintiff Jorge Corona was a backseat passenger in a car pulled over for a routine traffic stop by Clovis Police Officer Brent Aguilar. Plaintiff was arrested when he did not produce identification in response to the officer's demand for ID. Defendant Aguilar charged Plaintiff with: (1) resisting, evading, or obstructing an officer; and (2) concealing his identity. The district attorney’s office dismissed the concealing-identity charge, and a jury later acquitted Plaintiff of the charge against him for resisting, evading, or obstructing an officer. Plaintiff subsequently sued the arresting officers, Defendant Aguilar and police officer Travis Loomis; the City of Clovis; and the Clovis Police Department for, among other things, alleged constitutional violations under 42 U.S.C. 1983. As relevant here, Plaintiff alleged Defendant Aguilar violated his Fourth Amendment right to be free from unlawful arrest by arresting him without probable cause. Defendant Aguilar moved for partial summary judgment on Plaintiff’s unlawful-arrest claim based on qualified immunity, but the district court denied his motion. The Tenth Circuit disagreed with Officer Aguilar's contention that the district court erred in denying him qualified immunity. The Tenth Circuit determined the officer arrested plaintiff without probable cause. "Additionally, clearly established law would have put a reasonable officer in Defendant Aguilar’s position on notice that his conduct violated Plaintiff’s Fourth Amendment right to be free from unlawful arrest. Defendant Aguilar is therefore not entitled to qualified immunity." View "Corona v. City of Clovis" on Justia Law

Plaintiff Cody Cox sued Defendant Don Wilson, a deputy in the Clear Creek County Sheriff’s Department, under 42 U.S.C. 1983. Cox alleged that when Wilson shot him in his vehicle while stopped on Interstate 70, Wilson violated the constitutional prohibition against the use of excessive force by law-enforcement officers. Plaintiff appealed when the jury returned a verdict in favor of the deputy, arguing the district court erred in failing to instruct the jury to consider whether Wilson unreasonably created the need for the use of force by his own reckless conduct. The Tenth Circuit determined that although the district court incorrectly stated the Supreme Court had recently abrogated the Tenth Circuit's precedents requiring such an instruction in appropriate circumstances, the evidence in this case did not support the instruction. "No law, certainly no law clearly established at the time of the incident, suggests that Wilson acted unreasonably up to and including the time that he exited his vehicle and approached Cox’s vehicle." Therefore, the Tenth Circuit affirmed the district court's judgment in favor of Deputy Wilson. View "Cox v. Wilson" on Justia Law

In August 2017, Kansas law enforcement officers, after a traffic chase, pulled over Matthew Holmes for suspected vehicular burglary. The officers were from the City of Newton Police Department (“NPD”), McPherson County Sheriff’s Office (“MCSO”), and Harvey County Sheriff’s Office (“HCSO”). After Holmes stopped and exited the car, officers wrestled him to the ground. McPherson County Sheriff’s Deputy Chris Somers shot Holmes in the back. He later died from the gunshot wound. Holmes' estate sued, alleging constitutional violations under 42 U.S.C. 1983 ad a state law claim. The district court granted in part and denied in part Defendants' Rule 12(b)(6) motions. In particular, it denied each sheriff’s motion to dismiss based on Eleventh Amendment immunity because, “with respect to local law enforcement activities, sheriffs are not arms of the state but rather of the county that they serve.” The Tenth Circuit determined the district court did not err in denying the sheriffs' motions, and therefore affirmed. View "Couser v. Gay" on Justia Law

Petitioner Board of Education of Gallup-McKinley County Schools (Gallup) successfully obtained summary judgment on certain Individuals with Disabilities Education Act (IDEA) claims made by Mavis Yazzie in the administrative action below. Subsequently, Gallup sought attorneys’ fees from Yazzie and her counsel, the Native American Disability Law Center (NADLC). The question presented for the Tenth Circuit's review was whether the controlling provision of the New Mexico Administrative Code (NMAC) permitted Gallup to pursue attorneys’ fees within 30 days of the final decision relating to any party in the administrative action, or did the NMAC limit Gallup to seeking fees within 30 days of obtaining summary judgment, which Gallup failed to do. The Tenth Circuit concluded the plain meaning of the regulatory language permitted petitions for attorneys’ fees made within 30 days of the final decision in the administrative action regardless of whether that decision related to the party seeking fees. Accordingly, Gallup’s petition was timely. The Court therefore reversed the district court and remanded for further proceedings. View "Board of Education of Gallup v. Native American Disability Law" on Justia Law

James, a pretrial detainee at the St. Clair County Jail, was assaulted by another inmate and suffered severe facial injuries. James filed a pro se civil-rights lawsuit against Hale, the jail infirmary's administrator, accusing her of inadequately treating his medical needs. He later acquired counsel. Significant discovery followed, including the production of jail infirmary and outside medical records that contradicted allegations in his complaint. James obtained leave to file an amended complaint, but the factual section simply repeated the allegations in the original version. In a subsequent deposition, James contradicted those factual assertions.When Hale moved for summary judgment, James responded by swearing out an affidavit incorporating by reference the allegations in the amended complaint. The magistrate disregarded the affidavit and an affidavit submitted by James’s mother and recommended that the court grant the motion. The district judge excluded the affidavits under the sham-affidavit rule and entered summary judgment for Hale. The Seventh Circuit affirmed. James’s affidavit was a sham and an improper attempt to convert the complaint's allegations into sworn testimony to avert summary judgment. The exclusion of his mother’s affidavit was harmless error because she added nothing of substance. The constitutional claim lacks factual support, so summary judgment in Hale’s favor was proper. View "James v. Hale" on Justia Law

Plaintiff-appellee Dana Zzyym did not identify as either male or female, rather intersex. The United States State Department refused Zzyym's application for a passport. Zzyym sued, alleging that the State Department's reliance on a binary sex policy: (1) exceeded its statutory authority; (2) was arbitrary and capricious under the Administrative Procedure Act; and (3) violated the federal Constitution. The district court concluded that as a matter of law, the State Department violated the APA on Zzyym's first two grounds; the court did not reach the constitutional claims. After review, the Tenth Circuit concluded the State Department acted within its authority. but exercised this authority in an arbitrary and capricious manner. The State Department gave five reasons for denying Zzyym’s request for a passport. Two of the reasons were supported by the administrative record, but three others weren’t. "Given the State Department’s partial reliance on three unsupported reasons, we don’t know whether the State Department would have denied Zzyym’s request if limited to the two supported reasons. The district court thus should have remanded to the State Department to reconsider the policy based only on the two reasons supported by the record." View "Zzyym v. Pompeo" on Justia Law

The Michigan Department of Health and Human Services contracts out most of its fostering and adoption services to private child-placing agencies (CPAs), which perform home evaluations of prospective adoptive and foster parent(s). One CPA, St. Vincent Catholic Charities, shares the religious teachings of the Roman Catholic Church regarding same-sex marriage. It “cannot provide a written recommendation ... endorsing a family situation that would conflict with [its] religious beliefs” so St. Vincent refers out home evaluations for same-sex or unmarried couples to other CPAs. In 2015, Michigan codified this practice. M.C.L. 722.124e(1)(g) provides that “[t]o the fullest extent permitted by state and federal law," a CPA shall not be required to provide any services if those services conflict with, or provide any services under circumstances that conflict with," the CPA’s "sincerely held religious beliefs.”The Dumonts alleged that they were a same-sex couple interested in fostering and adoption, but that St. Vincent refused to assist them with the licensing process because of their sexual orientation. Michigan settled that suit by agreeing to enforce, against CPAs, a policy prohibiting discrimination on the basis of sexual orientation. St. Vincent then claimed that the state violated its First and Fourteenth Amendment rights by directing it to perform its duties in a manner that violates its sincerely held religious beliefs. The district court denied the Dumonts’ motions, seeking intervention. The Sixth Circuit reversed with respect to permissive intervention. Citing FRCP 24(b)(3), the court held that the Dumonts’ motion was timely, that it presented a common question of law, and that there is little risk of undue delay or prejudice to the existing parties. View "Buck v. Gordon" on Justia Law

In June 2014, Rodney, Thomas, and Susan Brossart, as plaintiffs, filed a lawsuit in North Dakota federal district court against Nelson County, North Dakota, and the sheriff and a deputy sheriff of Nelson County, as defendants. The Brossarts alleged claims under 42 U.S.C. 1983 and state law. The federal district court granted summary judgment for the defendants. The court subsequently entered judgment against the Brossarts awarding defendants $8,153.08 in costs. The Brossarts did not appeal the judgment awarding costs to the Eighth Circuit Court of Appeals. Defendants thereafter filed the federal judgment to the Nelson County clerk's office. Defendants' attorney served three sets of interrogatories in aid of execution of judgment, one for each of the three named plaintiffs, on the Brossarts’ attorney. Each set of interrogatories contained 73 identical questions. Subparts to the main questions contained in the interrogatories were separately numbered. The Brossarts’ were not personally served the interrogatories. However, on appeal the Brossarts acknowledge they were informed of the filing of the federal judgment. Because they believed the federal judgment was procedurally and substantively defective, the Brossarts refused to respond to the interrogatories. Additionally, there is nothing in the record indicating the Brossarts’ attorney represented them in the state court action prior to February 19. After the Brossarts’ attorney sent the February 19 letter, the parties’ attorneys continued to communicate regarding the interrogatories. Defendants moved to compel answers, but the Brossarts moved for relief from judgment, arguing the federal judgment was invalid and unenforceable because they were not provided proper notice the federal judgment had been filed. The North Dakota Supreme Court concluded that the federal judgment was entitled to full faith and credit, and the Brossarts did not raise any viable defense as to why the federal judgment was invalid or unenforceable. The Brossarts correctly asserted they were not initially provided notice of the filing of the foreign judgment pursuant to N.D.C.C. 28-20.1-03(2), but the Court found their justification for refusing to answer the interrogatories and their basis for their motion for relief from judgment were completely without merit. The district court did not abuse its discretion in finding the Brossarts’ claims were frivolous and awarding attorney’s fees. View "Brossart, et al. v. Janke, et al." on Justia Law

Christopher Denney, a firefighter, sued the city of Richland, Washington in 2017. He argued the city violated the Public Records Act by withholding two investigative complaints Denney made about on-the-job harassment and discrimination. In 2019, both Denney and the city filed cross motions for summary judgment. After a hearing, the trial court granted summary judgment for the city and denied Denney’s motion, finding the requested records were properly exempted from disclosure as attorney work product. The city promptly filed its notice of presentation three days after the February 12, 2019 judgment. On March 14, 2019, the final judgment was entered against Denny, awarding taxable costs to the city for a total judgment of $200. Because Denney filed his appeal more than 30 days after the summary judgment order was issued, the Court of Appeals sua sponte set the matter for dismissal as untimely. Denney argued the 30-day limitation ran from the March 14 judgment; alternatively, he asked for an extension of time based on the extraordinary circumstance that the February 12 order was misleading. The Court of Appeals commissioner disagreed, noting that under RAP 2.2(a)(1), “[t]he language Mr. Denney quotes from the [trial court’s] Order was not misleading because it clearly refers to entry of a judgment in favor of the City, as the ‘prevailing party.’ The requested judgment is for a judgment that awards specific amounts as costs to the City.” The commissioner dismissed Denney’s appeal, which Denney then moved to modify. The Chief Judge denied the motion in part, upholding the commissioner’s ruling dismissing Denney’s appeal of the February 12 order and granting the motion as to the appeal of the March 14 final judgment on the “limited scope of the [$200] cost award.” Denney moved for discretionary review with the Washington Supreme Court, which found that a summary judgment order disposing of all claims can constitute a final judgment, thereby starting the 30-day appeal deadline. An appeal of a trial court decision on the merits brings along a subsequent cost award, but a timely appeal of a cost judgment does not bring along review on the merits. Here, the Court found the summary judgment order wholly resolved Denney’s suit on the merits and reserved a cost award for later determination, triggering the deadline. Denny filed his appeal more than 30 days after the summary judgment and dismissal order issue. However, because Denney’s misinterpretation of the RAPs was an excusable error, the Supreme Court held Denney’s case warranted an extension of time to appeal. The Court therefore reversed and remanded the case to the Court of Appeals for further proceedings. View "Denney v. City of Richland" on Justia Law