Justia Civil Procedure Opinion Summaries

Plaintiffs, several family members of a United States citizen killed in an overseas terrorist attack, appealed from the district court’s judgment dismissing their claims against the Palestine Liberation Organization (“PLO”) and the Palestinian Authority (“PA”) for lack of personal jurisdiction. The Government, as intervenor in accordance with 28 U.S.C. Section 2403(a) and Federal Rule of Civil Procedure 5.1(c), also appealed from that judgment. On appeal, both Plaintiffs and the Government argued that the district court erred in finding unconstitutional the Promoting Security and Justice for Victims of Terrorism Act of 2019 (“PSJVTA”), the statute on which Plaintiffs relied to allege personal jurisdiction over Defendants.   The Second Circuit affirmed. The court explained that the PSJVTA specifically provides that the PLO and the PA “shall be deemed to have consented to personal jurisdiction” in any civil action pursuant to the Anti-Terrorism Act, 18 U.S.C. Section 2333, irrespective of “the date of the occurrence of the act of international terrorism” at issue, upon engaging in certain forms of post-enactment conduct, namely (1) making payments, directly or indirectly, to the designees or families of incarcerated or deceased terrorists, respectively, whose acts of terror injured or killed a United States national, or (2) undertaking any activities within the United States, subject to a handful of exceptions. Thus, the court concluded that the PSJVTA’s “deemed consent” provision is inconsistent with the dictates of the Fifth Amendment’s Due Process Clause. View "Fuld v. Palestine Liberation Organization" on Justia Law

Plaintiffs, a group of United States citizens injured during terror attacks in Israel and the estates or survivors of United States citizens killed in such attacks, brought an action against the Palestine Liberation Organization (“PLO”) and the Palestinian Authority (“PA”) pursuant to the Anti-Terrorism Act (“ATA”), seeking damages. The Second Circuit concluded on appeal that the district court lacked jurisdiction over the PLO and the PA and vacated the judgment entered against Defendants. Plaintiffs later moved to recall the mandate based on a new statute, the Anti-Terrorism Clarification Act of 2018. The Second Circuit denied that motion. Congress responded with the statute now at issue, the Promoting Security and Justice for Victims of Terrorism Act of 2019 (“PSJVTA”). The district court concluded that Defendants had engaged in jurisdiction-triggering conduct under the statute but that the PSJVTA violated constitutional due process requirements. Plaintiffs and the Government disputed the latter conclusion, and Plaintiffs argued generally that the PSJVTA justifies recalling the mandate.   The Second Circuit denied Plaintiffs’ motion to call the mandate. The court explained that the PSJVTA provides that the PLO and the PA “shall be deemed to have consented to personal jurisdiction” in any civil ATA action if, after a specified time, those entities either (1) make payments, directly or indirectly, to the designees or families of incarcerated or deceased terrorists, respectively, whose acts of terror injured or killed a United States national, or (2) undertake any activities within the United States, subject to limited exceptions. The court concluded that the PSJVTA’s provision for “deemed consent” to personal jurisdiction is inconsistent with the Fifth Amendment’s Due Process Clause. View "Waldman v. Palestine Liberation Organization" on Justia Law

In 1999, the plaintiffs sought to develop condominiums but needed rezoning approval from the Charter Township of Clinton. After a protracted dispute, the plaintiffs sued the Township in Michigan state court. That court entered a consent judgment that dictated the conditions for rezoning the property and completing the project. Years later, after experiencing several setbacks, the plaintiffs sought to amend the consent judgment, but the Township refused.The plaintiffs then filed suit in federal court, alleging several constitutional violations and a breach-of-contract claim. The Sixth Circuit affirmed the dismissal of the suit. The consent judgment contains a “retaining-jurisdiction” provision providing Macomb County Circuit Court jurisdiction over its interpretation and enforcement. A separate lawsuit filed in federal district court would constitute a collateral attack on the consent judgment, requiring the district court in some way to interpret or enforce it. All of plaintiffs’ alleged constitutional violations stem from the Township’s alleged refusal to “honor its obligations under the Consent Judgment to allow plaintiffs to develop the Subject Property.” View "Republic Building Co., Inc. v. Charter Township of Clinton, Michigan" on Justia Law

In this action, the Wahkiakum School District (WSD) alleged the State of Washington “fail[ed] to amply fund the [WSD]’s needed facilities [and] infrastructure.” WSD argued that this failure violated the Washington Constitution, article IX, section 1. The complaint explained the impact of this lack of ample funding for facilities and infrastructure: “The [WSD] is a poor, rural school district located along the banks of the Columbia River. It has less than 500 students. Approximately 57% of its students are low income. It has less than 3500 registered voters. And the per capita income of its voters is approximately $29,000.” Specifically, the WSD requested that the State pay the cost of rebuilding its elementary, middle, and high schools; it estimated more than $50 million in construction costs. The State moved to dismiss for failure to state a claim (CR 12(b)(6)) and for lack of jurisdiction (CR 12(b)(1)). In support of its motion, the State argued, “[F]unding for school construction and other capital expenditures is governed by entirely different constitutional and statutory provisions that primarily look to local school districts themselves, with the State providing funding assistance. As such, WSD fails to state a claim on which relief can be granted . . . .” It also argued that the court could not award monetary damages because the legislature has not created a private right of action and monetary damages would violate separation of powers principles. The WSD conceded that it failed to file a tort claim form and thus that its claim for monetary damages was barred. The trial court granted the motion to dismiss with prejudice. After review, the Washington Supreme Court concluded the constitution did not include capital construction costs within the category of “education” costs for which the State alone must make “ample provision.” The Court thus affirmed the trial court's decision to grant the motion to dismiss. View "Wahkiakum Sch. Dist. No. 200 v. Washington" on Justia Law

Plaintiff sued under 42 U.S.C. Section 1983 on behalf of her son, who died in a vehicle accident while fleeing Defendants, St. Louis County police officers. Plaintiff claimed the officers failed to provide medical aid in violation of the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, and the officers filed a motion for summary judgment based on qualified immunity. The district court denied the motion, concluding there were genuine disputes of material facts that prevented it from holding the officers were entitled to immunity at this stage of the proceedings.   The Eighth Circuit affirmed. The court explained that Plaintiff does not argue that the officers simply delayed calling for medical assistance. Instead, she argues the officers never called for medical assistance—thus denying medical aid altogether. The court explained that in such cases where no medical aid was provided, there is no need to provide evidence demonstrating the detrimental effect of the lack of aid. The court wrote that because the officers failed to render any aid, rather than simply delaying in providing it, precedent does not require Plaintiff to demonstrate the detrimental effect of the lack of aid. Thus, we agree with the district court that, viewed in the light most favorable to Plaintiff, she has shown a clearly established constitutional violation. View "Clara Cheeks v. Mark Jakob" on Justia Law

The issue before the court is whether Plaintiff, an inmate incarcerated in Gatesville, Texas, has a right to be heard before the prison decides whether to approve or deny her request to transfer money from her inmate trust account to an outside bank account. The district court answered no and granted summary judgment to the Appellees.   The Fifth Circuit vacated and reversed. The court wrote that Plaintiff provided evidence that her procedural due process rights were violated, which precludes summary judgment. The court explained that Plaintiff’s property interests were undoubtedly at stake, and, considering the evidence that was before the district court, it cannot be said as a matter of law that the procedures were adequate, there were alternative safeguards, or that the administrative burden would be too great. It is up to a factfinder to determine whether Plaintiff can prove her case. Accordingly, the court held that the district court erred in not vacating the judgment and granting Plaintiff leave to amend her pleadings. View "Calhoun v. Collier" on Justia Law

Two police officers were dispatched to a gym after a man reportedly threatened gym patrons and assaulted a security guard. The suspect then violently attacked the officers and refused to stop after they repeatedly deployed their tasers. One officer eventually resorted to lethal force to end the aggression. Plaintiff, the man’s mother, filed this lawsuit against Defendant and the City of Los Angeles. She claimed a violation of Section 1983 based on the officer’s allegedly unreasonable use of deadly force. She also sought to hold the City liable under Monell v. Dep’t of Social Services. Plaintiff further brought wrongful death actions against the officer and the City under California law. The court concluded that Defendant was not entitled to qualified immunity. The court denied Defendant’s motion for summary judgment on Plaintiff’s state law claims for similar reasons. Defendant appealed.   The Ninth Circuit reversed. The panel held that because Defendant did not challenge the district court’s determination that a reasonable juror could conclude that Defendant violated the man’s Fourth Amendment right to be free from excessive force, this appeal turned solely on the second step of the qualified immunity analysis. The panel held that Defendant’s use of deadly force, including his failure to give a warning that he would be using such force, did not violate clearly established law given the specific circumstances he encountered. The court wrote that there was no basis to conclude that Defendant’s use of force here was obviously constitutionally excessive. View "PAULETTE SMITH V. EDWARD AGDEPPA, ET AL" on Justia Law

EEE Minerals, LLC, and a Trustee for The Vohs Family Revocable Living Trust, sued the State of North Dakota, the Board of University and School Lands, and the Board’s commissioner in a dispute over mineral interests in McKenzie County, North Dakota. Plaintiffs alleged that state law related to mineral ownership was preempted by federal law and that the defendants had engaged in an unconstitutional taking of the plaintiffs’ mineral interests. Plaintiffs sought damages, an injunction, and declaratory relief. The district court dismissed the action.   The Eighth Circuit affirmed. Plaintiffs contend that the Flood Control Act impliedly preempts the North Dakota statute because the state law “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.” The court explained that it is not convinced that the State’s determination of a high-water mark, and the attendant settling of property rights under state law, stands as an obstacle to accomplishing the objectives of the Flood Control Act. The court wrote that the interests of the United States and the goals of the Flood Control Act are unaffected by a dispute between the State and a private party over mineral rights that were not acquired by the federal government.   Further, the court explained that Plaintiffs have not established that the United States will be prevented from flooding or inundating any land covered by the 1957 deed in which the State claims ownership of mineral interests under state law. The Flood Control Act would not dictate that property rights be assigned to Plaintiffs. View "EEE Minerals, LLC v. State of North Dakota" on Justia Law

The City of Belle Plaine, Minnesota, designated Veterans Memorial Park as a limited public forum and granted permits to two groups to place monuments there. Before the Satanic Temple could place its monument, the City closed the Park as a limited public forum and terminated both permits. The Satanic Temple sued the City. The district court dismissed its claims, except for promissory estoppel. When the Satanic Temple moved to amend its complaint, a Magistrate Judg2denied its motion. The Satanic Temple filed a second suit, reasserting the dismissed claims and adding new ones. The district court held that res judicata bars the second suit and granted summary judgment to the City on the promissory estoppel claim from the first suit.   The Eighth Circuit affirmed. The court explained that the Satanic Temple failed to plausibly allege that closing the Park as a limited public forum was unreasonable or viewpoint discriminatory. The court further explained that the Satanic Temple asserted that the City violated its free exercise rights. The court explained that although the Enacting and Recession Resolutions were facially neutral, facial neutrality is not a safe harbor if the City’s actions targeted the Satanic Temple’s religious conduct. However, the Satanic Temple failed to plausibly claim that its display was targeted. Moreover, the Satanic Temple has not plausibly alleged that it and the Veterans Club were similarly situated or that it was treated differently. The City gave a permit to both groups, had no control over the fact that the Veterans Club placed its statue first, and closed the Park as a limited public forum to everyone. View "The Satanic Temple v. City of Belle Plaine" on Justia Law

Plaintiff, an adjunct professor of economics at SUNY Albany, alleged that his failure to advance within his department to his colleagues’ unfavorable view of the methodology he employs in his scholarship. Plaintiff filed a lawsuit against Defendants, two of Plaintiff’s colleagues who were involved in the hiring decisions at issue. Plaintiff asserted three causes of action: (1) a claim for damages pursuant to 42 U.S.C. Section 1983 ; (2) a claim pursuant to Section 1983 for injunctive relief against SUNY Albany President in the form of a court order to “prevent ongoing discrimination against Keynesian economists” in violation of the First Amendment; and (3) an age discrimination claim under New York State’s Human Rights Law. The district court granted summary judgment to Defendants   The Second Circuit affirmed. The court explained that while it disagrees with much of the district court’s reasoning, it nonetheless agrees with its ultimate disposition. The court held that Garcetti v. Ceballos, 547 U.S. 410 (2006), does not apply to speech related to academic scholarship or teaching and that Plaintiff’s speech addressed matters of public concern, but that Plaintiff’s First Amendment claim nonetheless fails because under Pickering v. Bd. of Educ., 391 U.S. 563 (1968), a public university’s interest in deciding for itself what skills, expertise, and academic perspectives it wishes to prioritize in its hiring and staffing decisions outweighs Plaintiff's asserted interest in competing for academic positions unencumbered by university decisionmakers’ assessment of his academic speech. View "Heim v. Daniel" on Justia Law