Criminal Law Library Blog

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November 8-12 2010.

United States First Circuit, 11/12/2010
Freedom from Religion Found. v. Hanover Sch. Dist., No. 09-2473
In plaintiffs’ suit seeking a declaration that the federal Pledge statute and the recitation of the Pledge of Allegiance in New Hampshire’s public schools violates various provisions of the U.S. Constitution, the New Hampshire Constitution, and federal and state law, district court’s dismissal of all of plaintiffs’ federal claims on their merits is affirmed as the New Hampshire School Patriot Act and the voluntary, teacher-led recitation of the Pledge by the state’s public school students do not violate the Constitution. .

United States Sixth Circuit, 11/09/2010
McCarthy v. City of Cleveland, No. 09-4149
In plaintiffs’ 42 U.S.C. section 1983 suit against the City of Cleveland, claiming that the city’s decision to enforce its traffic camera ordinance against drivers who lease their cars constituted an unconstitutional taking of private property without just compensation because the ordinance originally did not provide for lessee liability, district court’s dismissal of the suit for failure to state a cause of action under the Takings Clause of either the United States or Ohio Constitution is affirmed in part, reversed in part and remanded where: 1) plaintiffs have failed to plead a cause of action under the Takings Clause as the challenged ordinance does not seize or otherwise impair an identifiable fund of money; but 2) the district court’s judgment on plaintiffs’ state law claims is reversed and remanded as the district court did not analyze plaintiffs’ claim which asserted that the city’s enforcement of the traffic camera ordinance unjustly enriched the city. .

United States Sixth Circuit, 11/09/2010
Sykes v. Anderson, No. 08-2088
In plaintiffs’ 42 U.S.C. section 1983 actions against several police officers, asserting claims of false imprisonment, malicious prosecution, and denial of due process, and against the City of Detroit claiming that the city failed to respond to citizen complaints and that it failed to train and supervise its employees, following their overturned convictions for state crimes of “Larceny by Conversion” and “False Report of a Felony,” jury verdict in favor of the plaintiffs on their claims against two police officers and award of over $2.5 million in compensatory and punitive damages is affirmed in part and remanded in part where: 1) defendants’ qualified immunity claim is waived as their failure to make a pre-verdict motion for judgment as a matter of law under Rule 50(a) on the grounds of qualified immunity precluded them from making a post-verdict motion under Rule 50(b) on that ground; 2) district court’s judgment as to plaintiffs’ claim of false arrest is affirmed because probable cause was lacking at the time the officer submitted a warrant application; 3) judgment against the defendants as to the plaintiffs’ claims for malicious prosecution is affirmed as the record contains ample evidence that the officer influenced or participated in the ultimate decision to prosecute plaintiffs by way of his knowing misstatements to the prosecutor; 4) judgment against the defendants as to the plaintiffs’ due-process claims is affirmed; 5) district court did not abuse its discretion in denying defendants’ motion for a new trial; and 6) because the district court failed to articulate a basis for its denial of the defendants’ motion for remittitur, the matter is remanded for the sole purpose of having the district court explain its reasons for denying remittitur Continue reading

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October 11-15 2010.

United States First Circuit, 10/14/2010
Museum of Fine Arts, Boston v. Seger-Thomschitz
In an art museum’s action for a declaratory judgment to confirm its rightful ownership of a painting, which a sole surviving heir of the painting’s artist claimed that the artist was forced to sell under duress after Austria was annexed by Nazi Germany in 1938, district court’s grant of summary judgment for the museum on statute of limitations grounds is affirmed where: 1) because defendant did not make a demand on the museum more than three years after her causes of action accrued, summary judgment was properly granted on the museum’s limitations defense; 2) defendant has not shown that application of the Massachusetts statute of limitations to the Massachusetts causes of action in this case would cause a significant conflict with, or threat to, the federal interests and policies embodied in section 510(c)(3); and 3) the Massachusetts statute of limitations does not conflict with the federal government’s foreign policy. ..

United States First Circuit, 10/15/2010
Statchen v. Palmer
In plaintiff’s 42 U.S.C. section 1983 suit against police officers, claiming that they used excessive force in arresting him for public intoxication and in transporting him from a station house to jail, district court’s grant of summary judgment in favor of defendants on the basis of qualified immunity is affirmed as the district court had no basis for sending the case to a jury because plaintiff’s own deposition provided no evidence to indicate that the force exerted was unnecessary, or that a reasonable police officer would have thought otherwise.

United States Second Circuit, 10/12/2010
Amore v. Novarro
In a civil rights action alleging a false arrest, a denial of summary judgment based on qualified immunity is reversed where the district court erred in deciding that it would have been clear to a reasonable officer in defendant’s position that making the arrest was unlawful.
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