Justia Civil Procedure Opinion Summaries

Jim Bakker and Morningside filed suit against several out-of-state defendants in Missouri federal court, alleging that defendants, while acting in their official capacities, violated their First, Fifth, and Fourteenth Amendment rights. In February 2020, as the Covid-19 pandemic was beginning in the United States, Jim Bakker and Morningside began advertising a product called Silver Solution on the Jim Bakker Show. Bakker and Morningside claimed that Silver Solution "has been proven by the government that it has the ability to kill every pathogen it has ever been tested on;" that it "has been tested on other strains of the coronavirus and has been able to eliminate it within 12 hours;" and that it is "patented, it works, we have tested it, it works on just about everything." Bakker and Morningside allege that defendants' investigations into Silver Solution violate their constitutional rights and that the state statutes defendants have acted under are unconstitutional.The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss based on lack of personal jurisdiction. Assuming defendants fell under Missouri's long-arm statute, the court concluded that asserting personal jurisdiction in this case violates due process where the only contact with Missouri were letters and emails directed at Morningside Church and Bakker, rather than the forum state. Therefore, after considering the five factor test for assessing the sufficiency of a defendant's contacts, the court concluded that Bakker and Morningside have not demonstrated that defendants' conduct connects them to the forum in a meaningful way. View "Morningside Church, Inc. v. Rutledge" on Justia Law

On various dates between March and July 2020, the Governor and Secretary of Health of the Commonwealth of Pennsylvania entered orders to address the COVID-19 pandemic. Plaintiffs, Pennsylvania citizens, elected officials, and businesses, challenged three pairs of directives: stay-at-home orders, business closure orders, and orders setting congregation limits in secular settings. The district court concluded that the orders violated the U.S. Constitution. While the appeal was pending, circumstances changed: more than 60% of Pennsylvanians have received a COVID vaccine. An amendment to the Pennsylvania Constitution and a concurrent resolution of the Commonwealth’s General Assembly now restricts the Governor’s authority to enter the same orders. In addition, the challenged orders have expired by their own terms. The Third Circuit vacated the judgment and dismissed an appeal as moot. No exception to the mootness doctrine applies View "County of Butler v. Governor of Pennsylvania" on Justia Law

The Eighth Circuit affirmed the district court's adverse grant of summary judgment on plaintiff's political retaliation claim related to disciplinary measures and his ultimate termination from the Sheriff's Office. The court concluded that there was no error in the district court's determination that collateral estoppel barred plaintiff from pursuing his political retaliation claim based on those issues he raised in his termination appeal; the district court could give the Iowa Civil Service Commission's determination preclusive effect; and plaintiff failed to make a prima facie case that his two-day suspension was political retaliation because he could not establish a causal connection between the suspension and his political campaign. View "Charleston v. McCarthy" on Justia Law

Herrera, an Illinois state prisoner, filed a 42 U.S.C. 1983 action against three correctional officers of the Cook County Jail for failing to protect him from assault and denying him prompt medical care. In his timely filed original complaint, Herrera named each of the defendants “John Doe” as a nominal placeholder until he could ascertain the proper identities of the officers. Herrera then twice amended his complaint to include their actual names—but did so outside of the two-year limitations period set by Illinois law.The district court denied a motion to dismiss, reasoning that suing “John Doe” defendants constituted a “mistake” under Federal Rule of Civil Procedure 15(c)(1)(C)(ii), so that Herrera’s amended complaint “related back” to his original complaint. The Seventh Circuit reversed. Knowingly suing a John Doe defendant is not a “mistake” within the meaning of Rule 15(c). Whether Herrer satisfies the factual test for equitable tolling is beyond the scope of an interlocutory appeal and should be considered on remand. View "Herrera v. Cleveland" on Justia Law

The Fifth Circuit granted the petition for rehearing, withdrew its prior opinion, and substituted the following opinion in its place. The court denied the petition for en banc rehearing.Six Louisiana parishes, joined by the Louisiana Attorney General and the Louisiana Secretary of Natural Resources, brought forty-two suits challenging decades of drilling activities by various oil companies. The court concluded that because an expert report filed by the parishes revealed a new theory of liability for the first time, the companies' removal based on federal officer jurisdiction was timely. However, rather than deciding whether federal-officer jurisdiction exists, the court remanded for the district courts to address this question with the benefit of its recent en banc decision in Latiolais v. Huntington Ingalls, Inc., 951 F.3d 286, 290 (5th Cir. 2020). In addition, the court agreed with both district courts that there is no federal-question jurisdiction in this case. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Parish of Plaquemines v. Chevron USA, Inc." on Justia Law

The issue presented for the New Mexico Supreme Court's review centered on whether the State’s public health orders (PHOs) could support a claim for just compensation under either Article II, Section 20 of the New Mexico Constitution or Section 12-10A-15 of the Public Health Emergency Response Act (PHERA) (2003, as amended through 2015). With respect to the constitutional question, the Court held that the PHOs could not support a claim for a regulatory taking requiring compensation. With respect to the statutory question, it Court held the PHOs’ restrictions on business operations regarding occupancy limits and closures could not support a claim for just compensation. Furthermore, claimants for just compensation under the PHERA had to exhaust the administrative remedies set forth in Section 12-10A-15(B), (C) before seeking judicial relief. View "New Mexico v. Wilson" on Justia Law

Texas state prisoner Haverkamp, a biological male at birth who identifies as a transgender woman, sued, alleging violations of the Equal Protection Clause by denying Haverkamp medically necessary sex-reassignment surgery and by failing to provide certain female commissary items and a long-hair pass. Texas’s Correctional Managed Healthcare Committee has a policy concerning the treatment of gender disorders. Based on the state’s advisory, the district court ordered service of Haverkamp’s operative complaint on Dr. Murray, whom the state identified as the proper defendant if Haverkamp were seeking sex-reassignment surgery, and the nine Committee members who had not yet been named as parties. The district court subsequently denied motions to dismiss, concluding that the state was not entitled to sovereign immunity.The Fifth Circuit vacated. Haverkamp’s suit is barred by sovereign immunity because the Committee members are not proper defendants under Ex Parte Young; Haverkamp fails to allege they have the requisite connection to enforcing the policies Haverkamp challenges. In light of the state’s representations to the district court that these defendants are the proper state officials to sue, the court did not dismiss them from the case. View "Haverkamp v. Linthicum" on Justia Law

North Carolina filed suit in state court seeking recovery of an unpaid civil penalty against the Marine Corps for failing an air quality compliance test. After the federal government defendants removed to federal court, the district court dismissed the case.The Fourth Circuit affirmed in part and reversed in part, holding that the Clean Air Act does not preclude removal but does waive sovereign immunity as to the penalty at issue here. The court concluded that the United States properly removed this suit under the federal officer removal statute and rejected North Carolina's contention that the Clean Air Act's state suit provision, 42 U.S.C. 7604(e), implicitly carves out a narrow exception to removal that precludes federal adjudication of this federal immunity defense. Rather, these two statutes are capable of coexistence and, contrary to North Carolina's argument, section 7604(e) does not require actions brought in state court to remain there. The court also concluded that the Clean Air Act unambiguously and unequivocally waives the United States' sovereign immunity as to all civil penalties assessed pursuant to state air pollution law, including punitive penalties like the one at issue here. The court remanded for further proceedings. View "North Carolina v. United States" on Justia Law

Talevski, living with dementia, was a patient at Valparaiso Care, a state-run Indiana nursing facility. His wife filed suit under 42 U.S.C. 1983 for violations of the Federal Nursing Home Reform Act (FNHRA), 42 U.S.C. 1396r, which establishes the minimum standards of care to which nursing-home facilities must adhere in order to receive federal funds in the Medicaid program. Some of the requirements relate to residents’ rights, including two cited by Talevski, the right to be free from chemical restraints imposed for purposes of discipline or convenience rather than treatment and the right not to be transferred or discharged unless certain criteria are met.The district court dismissed the action, finding that FNHRA does not provide a private right of action that may be redressed under 42 U.S.C. 1983. The Seventh Circuit reversed. The section 1983 remedy broadly encompasses violations of federal statutory as well as constitutional law. The court noted the express rights-creating language in the statute and that FNHRA is not the type of comprehensive enforcement scheme, incompatible with individual enforcement. The right protected by the statute is not so vague and amorphous that its enforcement would strain judicial competence. View "Talevski v. Health and Hospital Corp. of Marion County" on Justia Law

The Borough brought misdemeanor criminal charges against the owner for abandoning inoperable vehicles, appliances, and other trash on his property, in violation of ordinances and statutes. During a status conference, the judge stated that, after the expiration of 20 days, the Borough could enter and start the clean-up; 21 days after the hearing, the Borough began cleaning the property without the owners’ permission or a warrant. Believing some of the removed items to be valuable, the owners sent a cease-and-desist letter and eventually filed suit under 42 U.S.C. 1983 with state law claims for conversion and trespass.The district court that it lacked jurisdiction under the Rooker-Feldman doctrine, which precludes federal district courts from exercising jurisdiction over appeals from state court judgments. Meanwhile, the owner was convicted of the public nuisance charge. The Third Circuit reversed. The Rooker-Feldman doctrine is narrow and defeats federal subject-matter jurisdiction only under limited circumstances. There is a precise four-pronged inquiry. When even one of the four prongs is not satisfied, it is not proper to dismiss on Rooker-Feldman grounds. This case does not satisfy all four prongs. Any injury the owners suffered was not “caused by” a state court judgment; even if the Borough lacked independent authority to seize the property, the state court “acquiesced in” or “ratified” the Borough’s seizure of the property rather than having “produced” it. The owners did not challenge the state court judgment but brought independent constitutional claims. View "Vuyanich v. Borough of Smithton" on Justia Law