Justia Civil Procedure Opinion Summaries

In 1993, Tazu left his native Bangladesh, entered the U.S. without inspection, and applied for asylum based on political persecution. Eight years later, an IJ denied that application. Tazu appealed to the BIA, alleging ineffective assistance of counsel. In 2003, the BIA denied his appeal, giving him 30 days to depart. Nearly six years later, he was detained for removal. An attempt at removal failed. His passport had expired; the airline would not let him board the plane. A passport would not likely be issued quickly. In 2009, Tazu was granted supervised release. He complied with the terms of his release, held a job, paid taxes, and raised his children. Seeking a provisional waiver, in 2017, his son, a U.S. citizen, filed Form I-130, which was approved. Tazu did not immediately take the next step, a Form I212. In 2019, the government got Tazu’s renewed passport and re-detained him for removal. He sought habeas relief in New Jersey, filed his Form I-212, and moved to reopen his removal proceedings based on ineffective assistance of counsel. He lost on every front.The Third Circuit ordered the dismissal of the habeas petition; 8 U.S.C. 1252(g) strips courts of jurisdiction to review any “decision or action by the Attorney General to ... execute removal orders.” Section 1252(b)(9) makes a petition for review—not a habeas petition—the exclusive way to challenge a removal action and funnels Tazu’s claims to the Second Circuit. Tazu has a petition for review pending in the Second Circuit. He can stay with his family while that litigation is pending,. View "Tazu v. Attorney General United States" on Justia Law

Simmons pleaded guilty to drug charges. Simmons’s judgment became final on September 22, 2016, He had until September 22, 2017, to file a motion to vacate. On August 13, 2018, Simmons moved to vacate his sentence under 28 U.S.C. 2255 and cited Section 2255(f)(2), which provides “[t]he limitation period shall run from . . . the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action.” Simmons explained that, after his sentencing, he returned to state custody until December 2016 and served time at Wayne County Jail after that. Simmons claimed that those law libraries did not have federal law materials, which was an impediment to filing a 2255 Motion. He arrived at a federal facility on August 29, 2017. He claimed that the only way to obtain Section 2255 materials there was to request them but “you have to know what you need.”The district court dismissed, finding that Simmons had not sufficiently alleged what specific legal materials he was missing and how the lack of those materials prejudiced his ability to pursue his section 2255 rights. The Sixth Circuit affirmed. Even if a lack of federal materials, combined with a lack of a legal assistance program, constituted an unconstitutional impediment, a prisoner is required to allege a causal connection between the purported constitutional impediment and how the impediment prevented him from filing on time. Simmons did not. View "Simmons v. United States" on Justia Law

Gerics and Monahan were Flint, Michigan neighbors. Gerics was regarded as “unstable” and was notorious for occupying others’ property and digging holes. Monahan was the neighborhood association president. Gerics, over several months, used a megaphone to allege that Monahan “[i]s an HIV positive mother fucking pedophile.” Gerics filed multiple unsuccessful lawsuits against Monahan and put up signs alleging that Monahan had stolen from Gerics’s family and that Gerics would kill Monahan and his partner if they came near Gerics’s house. Sergeant Hall was sent to investigate. Given Hall’s knowledge of Monahan’s allegations and his observation that morning, Hall arrested Gerics. Another officer searched Gerics’s clothing and found a bag of marijuana.The state court found Hall had no probable cause to arrest Gerics and quashed the proceedings against him. Gerics sought damages under 42 U.S.C. 1983, alleging that Hall violated his Fourth Amendment rights by unlawfully arresting him and by unreasonably seizing his cell phone. A jury ruled in favor of the defendants. The Sixth Circuit dismissed an appeal for lack of jurisdiction. Gerics alleged the district court, at summary judgment, erroneously found a material question of fact on whether Hall had probable cause to arrest Gerics. Although the probable-cause issue was not one for the jury, a party may not appeal an order denying summary judgment after a full trial on the merits. View "Gerics v. Trevino" on Justia Law

Plaintiffs filed suit against the Texas Secretary of State Ruth Hughs under 42 U.S.C. 1983 for allegedly imposing a voter-registration requirement that violates federal law. After the district court denied the Secretary's motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) and (b)(6), the Secretary noticed an interlocutory appeal, and plaintiffs moved for summary affirmance or dismissal of the Secretary's appeal as frivolous.The Fifth Circuit held that the Secretary's appeal is not frivolous because it presents an important question that has not been resolved by the court: whether and to what extent the exception in Ex parte Young, 209 U.S. 123, 157 (1908), to sovereign immunity permits plaintiffs to sue the Secretary in an as-applied challenge to a law enforced by local officials. Accordingly, the court denied the motion for summary affirmance and the motion to dismiss the appeal as frivolous. View "Texas Democratic Party v. Hughs" on Justia Law

Plaintiffs, former sex offenders and currently homeless residents of the County, filed suit alleging that County Ordinance No. 05-206, which restricts certain sex offenders from living within 2,500 feet of a school, violates the ex post facto clauses of both the federal and state constitutions because the residency restriction amounted to an impermissible retroactive criminal punishment.The Eleventh Circuit held that the district court did not abuse its discretion by denying plaintiffs' Federal Rule of Civil Procedure 15 motion to conform their pleadings to the evidence. The court explained that Rule 15(b) allows parties to add unpled issues to a case if those issues have been tried with the express or implied consent of the parties, but one must comply with the notice demands of procedural due process before an unpled issue can be added. In this case, plaintiffs failed to give fair notice to the County of their as-applied theory of relief, and the County says it would have defended the Ordinance differently had it known that plaintiffs sought this relief. View "John Doe #6 v. Miami-Dade County" on Justia Law

MSI, a non-profit organization dedicated to gun owner rights, individuals, and Atlantic, a family-owned, federally licensed firearms dealer that operates Maryland commercial gun stores, challenged Maryland Senate Bill 707 banning "rapid-fire trigger activators," which when attached to a firearm, increase its rate of fire or trigger activation, citing the Takings Clause and alleging that the statute was void for vagueness. The Fourth Circuit initially affirmed the dismissal of the complaint for lack of standing.In an amended opinion, the court reversed in part. Atlantic has standing to pursue the Second Amendment claim. Uncontroverted testimony plus Maryland State Police records and Atlantic's year-over-year sales records are sufficient to establish an injury in fact for purposes of Article III standing. The extent of Atlantic's economic injury—including its ability to identify lost customers as well as the scope of the purported decline in handguns sold and lost revenue— are material issues of fact to be resolved in the Second Amendment analysis on the merits. Atlantic also has third-party standing to challenge the handgun qualification license requirement on behalf of potential customers like the individual plaintiffs and other similarly situated persons. The court otherwise affirmed the dismissal. MSI lacked organizational standing; it failed to prove the law hindered its ability to pursue its mission. The individual plaintiffs had not sought licenses. View "Maryland Shall Issue, Inc. v. Hogan" on Justia Law

Plaintiff appealed the district court's order adopting the Magistrate Judge's sua sponte order administratively closing plaintiff's civil rights suit against defendants and denying his motion to reconsider. The district court concluded that, because plaintiff had been deported to the Dominican Republic, plaintiff would be unavailable in the United States for depositions, further medical examinations, and trial testimony, and the case should be closed.The Second Circuit held that an administrative closure in such circumstances is a last resort that is appropriate only when all other alternatives are virtually impossible or so impractical as to significantly interfere with the operations of the district court or impose an unreasonable burden on the party opposing the plaintiff's claim. In this case, the court held that numerous alternatives to the issues identified by the district court exist, and none seems virtually impossible or so impractical as to significantly interfere with the operations of the district court or impose an unreasonable burden on the party opposing plaintiff's claim. Accordingly, the court vacated the district court's order and remanded for further proceedings. View "Rodriguez v. Gusman" on Justia Law

Plaintiff Gene Summerfield, worked for defendant Oregon Liquor Control Commission (OLCC), in its warehouse. In his complaint plaintiff alleged that he and other African-Americans had been subjected to racial discrimination and racial harassment at the warehouse. Plaintiff also alleged that he had repeatedly told defendant about the discrimination and harassment, but defendant had failed to take effective corrective action. Plaintiff filed a workers’ compensation claim for acute stress. The claim was accepted, and plaintiff received treatment. Plaintiff’s treatment provider eventually released plaintiff to return to work, and plaintiff requested reemployment. The jury rejected plaintiff’s first claim; on the verdict form, it answered the questions finding that defendant had not “intentionally discriminate[d] against plaintiff because of his race” and had not “subject[ed] plaintiff to a racially hostile work environment by his co-workers.” The jury also rejected plaintiff’s retaliation claim, finding that defendant had not “retaliate[d] against [plaintiff] for opposing or reporting racial dis- crimination or racial harassment.” But the jury accepted plaintiff’s whistleblowing claim, finding that defendant had “take[n] adverse enforcement [sic] action against plaintiff because he in good faith reported information that he believed was a violation of a law, rule or other regulation.” Plaintiff appealed, and the Court of Appeals affirmed. The Oregon Supreme Court determined the trial court did not err in granting defendant a directed verdict on plaintiff’s reemployment claim; plaintiff bore the burden of proving that defendant had available and suitable employment for him and plaintiff conceded that he had not done so. The Supreme Court also concluded that, although the trial court erred in failing to instruct the jury on the meaning of “adverse employment action” for the purposes of plaintiff’s retaliation claim, the error was harmless because there was no dispute that the actions plaintiff relied on to support his retaliation claim were adverse employment actions and the jury actually found that defendant had committed an adverse employment action. Finally, the Supreme Court concluded that plaintiff has not established that, under the circumstances of this case, the trial court abused its discretion in declining to award plaintiff equitable relief. View "Summerfield v. OLCC" on Justia Law

Plaintiffs Cheryl Thurston and Luis Licea (collectively Thurston) were California residents who purchased items from defendant Fairfield Collectibles of Georgia, LLC (Fairfield), a Georgia limited liability company, through the company's website. Thurston alleged Fairfield’s website was not fully accessible by the blind and the visually impaired, in violation of the Unruh Civil Rights Act. The trial court granted Fairfield’s motion to quash service of summons, ruling that California could not obtain personal jurisdiction over Fairfield, because Fairfield did not have sufficient minimum contacts with California. The Court of Appeal reversed, finding the evidence showed that Fairfield made some eight to ten percent of its sales to Californians. "Hence, its website is the equivalent of a physical store in California. Moreover, this case arises out of the operation of that website." The trial court therefore could properly exercise personal jurisdiction over Fairfield. View "Thurston v. Fairfield Collectibles of Georgia, LLC" on Justia Law

Plaintiffs filed suit challenging the efforts of New Jersey's Attorney General and others to thwart plaintiffs' distribution of materials related to the 3D printing of firearms, alleging infringement of plaintiffs' First Amendment rights and state law claims. The district court granted the Attorney General's motion to dismiss for lack of personal jurisdiction, relying on Stroman Realty, Inc. v. Wercinski, 513 F.3d 476 (5th Cir. 2008).The Fifth Circuit held that the Attorney General has established sufficient minimum contacts with Texas to subject him to the jurisdiction of Texas' courts. The court held that Stroman is distinguishable from this case in at least two key respects: first, many of plaintiffs' claims are based on the Attorney General's cease-and-desist letter; and second, the Attorney General's assertion of legal authority is much broader than the public official in Stroman. Furthermore, the Attorney General failed to timely raise arguments regarding whether judgment in plaintiffs favor would offend traditional notions of fair play and substantial justice. The court applied the principles discussed in Wien Air Alaska, Inc. v. Brandt, 195 F.3d 208 (5th Cir. 1999), and Calder v. Jones, 465 U.S. 783, 104 S. Ct. 1482 (1984), and held that jurisdiction over the Attorney General is proper. Accordingly, the court reversed and remanded for further proceedings. View "Defense Distributed v. Grewal" on Justia Law