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U.S. 2nd Circuit Court of Appeals
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TANCREDI v. METROPOLITAN LIFE INS. CO. (08/09/04 - No. 03-9296)
In a suit alleging the conversion of defendant from a mutual to a stock
life insurance company violated constitutional rights, the district
court's granting of attorneys' fees is reversed where the allegation of
state action, although meritless, was not frivolous.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/039296p.pdf

PIERCE v. SULLIVAN WEST CENTRAL SCH. DIST. (08/11/04 - No. 03-9292)
Defendant-school's regulation which allows for "release time" from
public schools for religious instruction does not violate the
Establishment Clause of the First Amendment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/039292p.pdf

THE HARTFORD COURANT CO. v. PELLEGRINO (08/13/04 - No. 03-9141)
The public and press enjoy a qualified First Amendment right of access
to docket sheets and the court administrators have the authority to
grant access to those docket sheets if the documents were sealed solely in accordance with administrative orders. (Amended opinion)

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/039141pv2.pdf

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U.S. 3rd Circuit Court of Appeals
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RAMIREZ v. PUGH (08/12/04 - No. 02-2101)
In a suit challenging a Congressional ban on the use of federal funds
to distribute sexually explicit material to prisoners, the district
court erred in determining that the regulation was reasonably related to
the legitimate government interest of rehabilitation without an adequate
factual basis.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/022101p.pdf

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U.S. 4th Circuit Court of Appeals
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BROADDUS v. US ARMY CORPS OF ENGINEERS (08/13/04 - No. 03-2257)
Dismissal of plaintiff's petition for attorney's fees, sought after
successfully challenging a condemnation action, is reversed where the
district court erred in determining that plaintiff failed to establish
financial eligibility under the Equal Access to Justice Act.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/032257p.pdf

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U.S. 5th Circuit Court of Appeals
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US v. DELOITTE & TOUCHE (08/11/04 - No. 03-50507)
In an action for filing false claims for Medicaid reimbursement, the
district court incorrectly concluded that any action arising out of
defendant's role as a Medicaid fiscal intermediary is barred by Texas's
Eleventh Amendment immunity where defendant has not shown that Texas
would be subject to any legal liability for any damages assessed against
it.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0350507p.pdf

MCCARTHY v. HAWKINS (08/11/04 - No. 03-50608)
Defendant's motion to dismiss on grounds of state-sovereign immunity is
dismissed where state officers, sued in their official capacities for
prospective relief, are proper defendant's under Title II of the ADA and
are not immune under the Eleventh Amendment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0350608p.pdf

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U.S. 6th Circuit Court of Appeals
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MUHAMMED v. CLOSE (08/11/04 - No. 02-1043)
Summary judgment against plaintiff-inmate's claim of First Amendment
rights violations is reversed where the district court must resolve
whether another inmate's affidavit and plaintiff's proof of temporal
proximity are sufficient to defeat defendant's motion for summary
judgment.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0265p.html

ERNST v. ROBERTS (08/12/04 - No. 02-2287)
The district court's dismissal of plaintiffs' equal protection claims,
alleging that pensions for judges from one district were more favorable
than others, is reversed where defendants are not entitled to Eleventh
Amendment immunity.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0266p.html

RUSK v. CRESTVIEW LOCAL SCH. DIST. (08/12/04 - No. 02-3991)
The district court erred in finding an Establishment Clause violation
based solely on the possibility that elementary school students might
misperceive defendant-school's practice of distributing flyers
advertising religious activities as the defendant's endorsing religion.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0267p.html

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U.S. 7th Circuit Court of Appeals
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HAYWOOD v. CITY OF CHICAGO (08/10/04 - No. 03-3175)
In an illegal possession of a firearm case, the district court's grant
of summary judgment against plaintiff's claim of false arrest is
affirmed. However, defendant's continued detention ordered by the judge
was error where, under the Fourth Amendment, he could not be held in
custody longer than 48 hours without probable cause that he committed a
crime.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033175p.pdf

INDIANA LAND CO. v. CITY OF GREENWOOD (08/10/04 - No. 03-3662)
Plaintiff-developer's challenge to defendant's ordinance that requires
a two-thirds vote to overturn a recommendation of its planning
commission is dismissed where the ordinance did not violate plaintiff's
due process or equal protection rights.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033662p.pdf

MCPHERSON v. CITY OF WAUKEGAN (08/11/04 - No. 03-2738)
Summary judgment against plaintiff's harassment claims is affirmed
where the facts of the case demonstrate that defendant-City acted
reasonably in responding to plaintiff's complaint, and, as a matter of
law, defendant was not liable for those acts.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/032738p.pdf

SIMS-MADISON v. INLAND PAPERBOARD AND PACKAGING INC. (08/11/04 - No.03-2752)
In a discrimination case, the district court's decision to grant
summary judgment in favor of defendant is reversed where defendant did
not meet its burden to prove that there was an accord and satisfaction.
Also, the enforcement of a settlement agreement is reversed where the
agreement's terms are in conflict with a previous arbitration award.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/032752p.pdf

LAMERS DAIRY INC. v. US DEP'T OF AGRIC. (08/13/04 - No. 03-2308,03-2661)
Plaintiff's petition alleging that Order No. 30, which allows certain
milk producers to opt out of minimum pricing structures, violates equal
protection and contravened the Agricultural Marketing Agreement Act by
permitting unfair trade practices is dismissed where plaintiff has not
established an equal protection violation and cannot bring an unfair
trade practices claim.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/032308p.pdf

LEYVA v. ASHCROFT (08/13/04 - No. 03-4065)
Plaintiff's claim that the Attorney General's denial of his application
for cancellation of removal violated his due process rights is dismissed
for lack of jurisdiction under 8 U.S.C. section 1252(a)(2)(B)(i), which
bars review of the Attorney General's judgment regarding whether or not
to grant cancellation of removal, even where it is a due process
challenge.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/034065p.pdf

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U.S. 8th Circuit Court of Appeals
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KINCAID v. CITY OF OMAHA (08/09/04 - No. 03-3031)
Plaintiff's claim of discrimination is dismissed where, even though
plaintiff made out a prima facie case of race and disability
discrimination, she failed to offer evidence to rebut defendant's
legitimate, nondiscriminatory reasons for its employment actions.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033031p.pdf

NORTHERN NATURAL GAS v. MUNNS (08/11/04 - No. 03-1889)
The Natural Gas Act preempts Iowa Code chapter 479A and its
implementing regulations dealing with environmental protections
measures.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/031889P.pdf

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U.S. 9th Circuit Court of Appeals
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US v. SCHIFF (08/09/04 - No. 03-16319)
Plaintiffs unsuccessfully challenge a preliminary injunction,
preventing them from promoting their zero-income tax theories, on
grounds that 1) the injunction is overbroad, 2) the requirement that
they give the government their customer list violates their First and
Fourteenth Amendment associational rights, and 3) the order that they
place a copy of the injunction on their websites constitutes illegal
compelled speech.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0316319p.pdf

ALVAREZ-GARCIA v. ASHCROFT (08/10/04 - No. 02-73951)
Plaintiff's petition for review of his exclusion and deportation order
is denied where plaintiff is an excludable alien under the entry fiction
doctrine and does not have an equal protection right to the same
procedural mechanisms afforded deportable aliens in the admission
process.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0273951p.pdf

GAUDIN v. REMIS (08/10/04 - No. 03-15687)
Dismissal of plaintiff's petition for the return of her children to
Canada as moot, based on a determination that plaintiff permanently
moved to Hawaii, is reversed where plaintiff is barred by law from
possessing the requisite intent to establish domicile in Hawaii and
therefore could not lawfully move permanently to Hawaii.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315687p.pdf

STUDENTS FOR A CONSERVATIVE AM. v. GREENWOOD (08/11/04 - No. 03-15199)
Plaintiff's challenge to specific provisions of the University of
California, Santa Cruz's election code is dismissed as moot where the
defendants have already removed the challenged provisions from the
election code.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315199p.pdf

HENDERSON v. TERHUNE (08/12/04 - No. 02-17224)
Plaintiff-Native American inmate unsuccessfully challenges defendant's
hair length regulation, alleging it infringes his religious beliefs in
violation of the First Amendment, where the regulation at issue is
reasonably related to legitimate penological interests.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0217224p.pdf

CURRIER v. HENDERSON (08/12/04 - No. 02-35232)
The United States Postal Service's regulation which denies no-fee
postal boxes to homeless persons does not violate First Amendment or
equal protection guarantees incorporated in the Fifth Amendment's Due
Process Clause.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0235232p.pdf

HUBBART v. KNAPP (08/13/04 - No. 03-16877)
Defendant's civil commitment for being a sexually violent predator is
affirmed over his challenge that the California Sexually Violent
Predator Act violates federal due process and equal protection clauses.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0316877p.pdf

BERRY v. BACA (08/13/04 - No. 03-56000)
Plaintiffs successfully challenged dismissal of their claims of
unlawful periods of over detention in jail where they have raised a
genuine issue of fact with regard to the existence of a county policy of
deliberate indifference to the constitutional rights of the plaintiffs.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0356000p.pdf

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U.S. 10th Circuit Court of Appeals
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L.B. V. NEBO SCH. DIST. (08/12/04 - No. 02-4169)
Denial of plaintiffs' claim for reimbursement of expenditures for their
child's supplementary educational aide, pursuant to the Individuals with
Disabilities in Education Act (IDEA), is reversed where defendant
violated the IDEA by failing to provide plaintiff with the least
restrictive environment for their child.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/024169.html

PRAIRIE BAND POTAWATOMI NATION v. RICHARDS (08/12/04 - No. 03-3218)
Defendant's state tax on fuel supplied to defendant-Indian tribe by a
non-Indian distributor is invalidated where defendant's legitimate
interest of raising revenue interferes with and is incompatible with
strong tribal and federal interests against taxation.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/033218.html

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U.S. 11th Circuit Court of Appeals
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REYNOLDS v. MCINNES (08/10/04 - No. 03-13682)
In an class-action employment discrimination lawsuit, the district
court had jurisdiction to refer to a special master a contempt motion
filed by plaintiffs-intervenors requiring defendant to comply with
reclassification procedures of a previously settled consent decree.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0313682p.pdf

CROWN MEDIA v. GWINNETT COUNTY (08/12/04 - No. 03-13707)
In a dispute over a sign ordinance, the district court incorrectly
ruled that enactment of a 2001 sign ordinance caused plaintiff's
constitutional challenges to the repealed 1990 and 1999 sign ordinances
to become moot.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0313707p.pdf

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United States Court of Appeals for the Federal Circuit
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EL-SHIFA PHARM. INDUS. CO. v. US (08/11/04 - No. 03-5098)
Plaintiff's claim that destruction of its facility constituted a taking
of private property for public use under the Fifth Amendment is
dismissed where the property in question was transformed into enemy
property by the President and the takings clause does not extend to
claims arising out of military operations.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/035098.html

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Supreme Court of California
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LOCKYER v. CITY AND COUNTY OF SAN FRANCISCO (08/12/04 - No. S122923)
In a case arising from the refusal to enforce the provisions of
California's marriage statutes, a local executive official with the
ministerial duty of enforcing a state statute exceeds his/her authority
when, without any court having determined that the statute is
unconstitutional, the official deliberately declines to enforce the
statute because he/she believes that the statute is unconstitutional.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s122923.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/s122923.pdf

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California Appellate Districts
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HANEY v. ARAMARK UNIFORM SERVS., INC. (08/11/04 - No. F042980)
Summary judgment against plaintiff-employee's wrongful discharge claims is reversed where his claim was not preempted by federal labor statutes and the public policy of discouraging fraud constitutes a fundamental public policy of California and is sufficient to support defendant's claim.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/f042980a.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f042980a.pdf

BALBOA ISLAND VILLAGE INN, INC. v. LEMEN (08/11/04 - No. G031636)
Plaintiff successfully challenged an injunction which prevented her
from making defamatory statements to third persons and from initiating
contact with plaintiff's employees where such restrictions are prior
restraints on speech and are overly broad. However, the portion of the
injunction prohibiting defendant from filming within 25 feet of
defendant's premises is upheld.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/g031636.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g031636.pdf