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U.S. 1st Circuit Court of Appeals, December 17, 2009 Mosher v. Nelson, No. 09-1636 In plaintiffs’ civil rights action brought following the death of their son against a facility operated by the Massachusetts Department of Corrections that serves as both a prison and a mental hospital, its superintendent, and others, summary judgment for defendants is affirmed where: 1) defendant-superintendent is entitled to qualified immunity as a reasonable official in defendant’s place, given the circumstances and the legal standard, could have believed that allowing a certain practice to continue would not lead to events that would violate a patient’s rights; 2) commissioner is also entitled to qualified immunity as a reasonable official in his position could have reasonably believed that staffing that met the hospital’s recommendations was sufficient to avoid constitutional violations; and 3) the district court properly dismissed the plaintiffs’ state law claims as barred by the Eleventh Amendment. .
U.S. 2nd Circuit Court of Appeals, December 16, 2009 US v. Hester, No. 08-4665 Defendant’s conviction for traveling in interstate commerce and failing to register or update his sex offender registration in violation of the Sex Offender Registration and Notification Act (SORNA) is affirmed where the fact that defendant had no actual notice of SORNA was not sufficient to render his prosecution pursuant to that statute a violation of his due process rights.
U.S. 2nd Circuit Court of Appeals, December 18, 2009 Turkmen v. Ashcroft, No. 06-3745 In an action claiming abuse, mistreatment, and detention of Arab and Muslim aliens who were held on immigration violations in the wake of the terrorist attacks of September 11, 2001, an order partially dismissing the complaint is affirmed in part where there was no clearly established equal protection right to be free of selective enforcement of immigration laws based on national origin, race, or religion at the time of plaintiffs’ detentions. However, the order is vacated in part where defendant-officials were entitled to qualified immunity because a law enforcement official’s actual motivation for the Fourth Amendment seizure of a person was constitutionally irrelevant if the seizure was supported by probable cause.