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October 4-8, 2010.
United States First Circuit, 10/08/2010
Tevlin v. Spencer
District court’s denial of defendant’s request for habeas relief from his convictions for first-degree murder, armed robbery, and assault and battery by means of a dangerous weapon, is affirmed where: 1) defendant has failed to demonstrate the existence of ineffective assistance of counsel in any of his theories; and 2) the Massachusetts discovery procedures are not on their face unconstitutional and defendant has not established that their application here violated due process. .
United States Second Circuit, 10/04/2010
Analytical Diagnostic Labs, Inc. v. Kusel
In a class-of-one equal protection claim alleging that defendants, employees of the New York State Department of Health, intentionally and maliciously subjected plaintiff-clinical testing laboratory to an intense and unwarranted degree of regulatory scrutiny, summary judgment for defendant is affirmed where there was no record evidence raising a question of fact as to whether: 1) other labs were similarly situated; or 2) even assuming other labs were similarly situated, that the same decisionmakers were aware of the similarity and treated plaintiff differently.
United States Second Circuit, 10/08/2010
Byrne v. Rutledge
In an action alleging that Vermont’s denial of plaintiff’s requested vanity license plate, on the grounds that it contained a religious message in violation of state law prohibiting such messages on vanity license plates, violated the Free Speech Clause, the Equal Protection Clause, and the Due Process Clause, summary judgment for defendants is reversed where Vermont’s ban on all vanity plate combinations that “refer, in any language, to a … religion” or “deity” constituted unconstitutional viewpoint discrimination. .