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U.S. 1st Circuit Court of Appeals
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TAPALIAN v. TUSINO (07/23/04 - No. 02-1732)
Defendant unsuccessfully challenged an appeal against a judgment
directing him to pay compensatory and punitive damages for violating
plaintiff's equal protection rights because the award of damages does
not approach the "shock the conscience" standard.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/021732.html

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U.S. 4th Circuit Court of Appeals
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WYNNE v. GREAT FALLS SC (07/22/04 - No. 03-2069)
Plaintiff successfully challenged defendant-town council from engaging
in prayers that specifically invoke Jesus Christ during monthly council
meetings, on grounds that defendant's conduct violates the Establishment
Clause of the First Amendment to the US Constitution.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/032069p.pdf

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U.S. 5th Circuit Court of Appeals
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CHAVARRIA v. STACKS (07/20/04 - No. 03-40977)
The Court affirmed the district court's denial of plaintiff-prisoner's
claim that constant illumination of his cell deprives him of sleep and
violates his rights under the Eighth Amendment because the policy of
constant illumination is reasonably related to the legitimate
penological interest of guard security.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0340977p.pdf

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U.S. 6th Circuit Court of Appeals
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CAPOBIANCO v. SUMMERS (07/23/04 - No. 02-5756)
Denial of plaintiff's preliminary injunction, which attempted to
prevent enforcement of a Tennessee law prohibiting chiropractic
solicitation of victims of accidents, was affirmed because the factors a
court must balance in reviewing a preliminary injunction weigh in favor
of defendant.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0237p.html

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U.S. 7th Circuit Court of Appeals
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US v. JOHNSON (07/19/04 - No. 03-2183)
In an attempt to lure a child into performing in a pornographic film,
defendant unsuccessfully challenged his indictment, claiming that the
government violated separation of powers principles by including a
knowledge requirement and that his First Amendment rights were violated.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/032183p.pdf

LINDELL v. LITSCHER (07/19/04 - No. 03-2651)
In a civil rights case, the Court reversed summary judgment against
defendant on his First Amendment claim, finding that the defendant's
confiscation of picture postcards in plaintiff's cell may have violated
his free speech rights and that the case should have been allowed to
proceed.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/032651p.pdf

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U.S. 8th Circuit Court of Appeals
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SHAIN v. VENNEMAN (07/22/04 - No. 03-3331)
A complaint, alleging a federal violation in the financing of a
sewage-treatment plant project near plaintiff's property, failed to
raise a cognizable injury-in-fact, and the district court did not err in
dismissing the suit for lack of standing.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033331p.pdf

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U.S. 9th Circuit Court of Appeals
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US v. RIVERA-GUERRERO (07/20/04 - No. 04-50115)
Defendant appealed a magistrate judge's order authorizing the
involuntary administration of medication for the purpose of making
defendant stand trial, and the Court reversed the decision, holding that
the magistrate judge lacked the authority to issue the order.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0450115p.pdf

GADDA v. ASHCROFT (07/20/04 - No. 02-15113)
Plaintiff challenges his suspension from the Board of Immigration
Appeals based on his suspension by the California State Bar Court,
claiming that the suspension is invalid because the Supreme Court of
California lacked jurisdiction; however, the Court decided that federal
law does not preempt the Supreme Court of California's authority to
suspend or disbar attorneys in California and both suspensions should
stand.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0215113pv2.pdf

SQUAW VALLEY DEVELOPMENT CO. v. GOLDBERG (07/20/04 - No. 02-17346)
Plaintiff alleged selective and over-zealous regulatory oversight by
defendants in violation of equal protection and substantive due process
laws, and the Court reversed summary judgment only on the equal
protection claim, finding that plaintiff's presentation of evidence that
defendant may have been motivated by personal animus was enough to
provide a factual dispute.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0217346p.pdf

MCDOWELL v. CALVIN PRESBYTERIAN CHURCH (07/23/04 - No. 02-35805)
Plaintiff may not file Title VII sexual harassment and retaliation
claims against a church involving ministerial employment decisions,
which are protected under the ministerial exception; however, she may
succeed in these claims if she proves a hostile work environment and
that she suffered from retaliatory harassment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0235805p.pdf

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U.S. 11th Circuit Court of Appeals
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HUGHES v. ATTORNEY GENERAL OF FLORIDA
(07/21/04 - No. 03-14122)
An order granting defendants habeas relief is reversed since neither
their express preemption claim nor their field preemption claim is
facially conclusive, and the district court accordingly should have
abstained from deciding the case.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0314122p.pdf

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United States Court of Appeals for the Federal Circuit
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TOEWS v. US (07/21/04 - No. 03-5129)
In a takings case concerning property converted into a public
recreational trail under the Rails-to-Trails Act, summary judgment on
plaintiffs liability claim is affirmed and plaintiff is entitled to just
compensation.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/035129.html

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Supreme Court of California
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IN RE GEORGE T. (07/22/04 - No. S111780)
Defendant-high school student's poetry given to other classmates is not
classified as a criminal threat because the text of the poem, understood
in light of the surrounding circumstances, is not so equivocal,
unconditional, and specific as to convey an immediate execution of a
threat.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s111780.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/s111780.pdf

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California Appellate Districts
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PEOPLE v. WALLACE (07/20/04 - No. B170872)
The Court found that, consistent with ex post facto clauses of the
United States and California Constitutions, a $20 court security fee may
be imposed on defendants whose crimes were committed prior to its August
17, 2003 effective date.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b170872.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b170872.pdf

PEOPLE v. SUPERIOR COURT OF SAN FRANCISCO (07/21/04 - No. A106264)
Plaintiff's unsuccessfully challenge that the California Street
Terrorism Enforcement and Prevention Act's (the STEP Act) inclusion in
an indictment on grounds that it (1) does not apply when the only
alleged gang activity is felony vandalism and (2) is unconstitutional as
applied to real parties in interest.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/a106264.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a106264.pdf