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U.S. 1st Circuit Court of Appeals
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AKINWANDE v. ASHCROFT (08/17/04 - No. 03-1258 )
Denial of plaintiff's applications for adjustment of status and
voluntary departure are affirmed over his argument that the Immigration
Judge erred in permitting a witness, plaintiff's ex-wife, to testify via
telephone.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/031258.html

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U.S. 2nd Circuit Court of Appeals
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SIRA v. MORTON (08/17/04 - No. 03-1056)
In a suit alleging due process violations, the district court properly
denied summary judgment on plaintiff's due process claims of inadequate
notice and non-disclosure of evidence, but incorrectly denied summary
judgment on plaintiff's sufficiency of evidence challenge.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/030156pv2.pdf

ORTIZ v. MCBRIDE (08/18/04 - No. 02-0088)
Dismissal of plaintiff-prisoner's complaint for failure to exhaust
available administrative remedies is vacated and remanded where
exhausted claims filed alongside unexhausted ones may proceed. However, the unexhausted claims must be dismissed.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/020088p.pdf

ORTIZ v. MCBRIDE (08/18/04 - No. 02-0088)
Dismissal of plaintiff-prisoner's complaint for failure to exhaust
available administrative remedies is vacated and remanded where
exhausted claims filed alongside unexhausted ones may proceed. However, the unexhausted claims must be dismissed.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/020088p.pdf

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U.S. 3rd Circuit Court of Appeals
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CARSWELL v. BOROUGH OF HOMESTEAD (08/20/04 - No. 03-2290)
In a suit against government officials for violation of constitutional
rights, the district court's grant of immunity to a police officer,
without first deciding whether a constitutional violation had occurred,
was not reversible error and is affirmed on the merits of the immunity
ruling.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/032290p.pdf

BLACKHAWK v. COMMONWEALTH OF PENNSYLVANIA (08/20/04 - No. 02-3947, 02-4158)
Defendant may not enforce a permit fee provision against plaintiff, who
possesses bears for Native American religious purposes, on the ground
that the current waiver policy violates his rights to the free exercise
of religion.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/023947p.pdf

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U.S. 8th Circuit Court of Appeals
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PRINCE v. BOARD OF EXAMINERS (08/17/04 - No. 03-3524)
In an appeal of the suspension of a license to practice psychology,
plaintiff's claims raised in his federal civil rights action were
inextricably intertwined with a state court judgment and this action was
barred by the Rooker-Feldman doctrine.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033524p.pdf

DOE v. LITTLE ROCK SCHOOL (08/18/04 - No. 03-3268)
School district's practice of subjecting secondary school students to
random, suspicionless searches of their persons and belonging is an
unconstitutional violation of the students' Fourth Amendment rights
because the searches unreasonably invade the students' legitimate
expectations of privacy.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033268p.pdf

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U.S. 9th Circuit Court of Appeals
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THOMAS v. CITY OF BEAVERTON (08/16/04 - No. 03-35120)
Summary judgment against plaintiff's claim of wrongful discharge is
reversed where plaintiff offered sufficient evidence to create a genuine
issue of material fact as to whether her refusal to facilitate her
employer's discriminatory conduct constituted expressive conduct on a
matter of public concern.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0335120p.pdf

BROWN v. PALMATEER (08/17/04 - No. 03-35618)
Dismissal of plaintiff's Ex Post Facto claim was objectively
unreasonable where the Oregon State Board of Parole retroactively
applied a version of a parole statute enacted after plaintiff's crimes
to plaintiff's detriment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0335618p.pdf

WONG v. REGENTS OF THE UNIV. OF CALIFORNIA (08/18/04 -
No. 01-17432)
Plaintiff's claim of discrimination in violation of the ADA is
dismissed where plaintiff has not demonstrated that he is substantially
limited in major life activities and, consequently, does not fit within
the definition of "disabled" as required by the ADA.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0117432p.pdf

RHODES v. ROBINSON (08/19/04 - No. 03-15335)
Dismissal of plaintiff-inmate's claim, alleging First Amendment
retaliation after his filing of a complaint, is reversed where
plaintiff's complaint sufficiently satisfies pleading requirements by
alleging that the officers destroyed his property and assaulted his
person.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315335p.pdf

BEENE v. TERHUNE (08/19/04 - No. 03-15678)
Revocation of plaintiff's parole, for failure to register as a sex
offender, is affirmed over plaintiff's challenge that the registration
requirement violates his equal protection and due process rights.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315678p.pdf

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U.S. 10th Circuit Court of Appeals
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PARK LAKE RESOURCES v. US DEP'T OF AGRIC.
(08/16/04 - No. 02-1429)
In a second challenge to the designation of a land parcel as a Research
Natural Area, even though plaintiff's second amended complaint alleged
a different injury from the injury in the initial litigation, the case is
dismissed again for a lack of ripeness under the issue-preclusion
doctrine.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/021429.html

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U.S. 11th Circuit Court of Appeals
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GIVENS v. ALABAMA DEP'T OF CORR. (08/18/04 - No. 03-14086)
Plaintiff-inmate's challenge that defendant's policy, which prohibits
inmates from receiving the interest from work release wages, constitutes
an unlawful taking, is dismissed where Alabama has not created a
property interest for its inmates in the interest that accrues on their
accounts.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0314086p.pdf

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U.S. District of Columbia Circuit Court of Appeals
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JMM CORP. v. DISTRICT OF COLUMBIA (08/17/04 - No. 03-7057)
The enforcement of actions in the District of Columbia are entitled to
the same respect that the federal courts accord those of the states.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/dc/037057a.pdf

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United States Court of Appeals for the Federal Circuit
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FOLDEN v. US (08/16/04 - No. 03-5124)
Dismissal of plaintiff's claim for breach of contract and
unconstitutional takings, pertaining to the issuance of
telecommunications licenses, is affirmed where the Court of Federal
Claims lacks subject-matter jurisdiction, as decisions ancillary to the
licensing power of the FCC fall within the exclusive jurisdiction of the
United States Court of Appeals for the District of Columbia Circuit
pursuant to U.S.C. section 402(b).

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/035124.html

AMERICAN PELAGIC FISHING CO. v. US (08/16/04 - No. 03-5101)
Judgment in favor of plaintiff's claim, which alleged that Federal
Appropriations Acts revoking its fishing permits effected a temporary
taking, is reversed where plaintiff did not suffer the taking of a
property interest that is legally cognizable under the Fifth Amendment.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/03-5101.doc

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California Appellate Districts
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CARTER v. CALIFORNIA DEPT. OF VETERANS AFFAIRS (08/17/04 - No. E030908)
The amended Government code section 12940(j)(1), expressly providing
that an employer may be responsible for sexual harassment by
nonemployees, cannot constitutionally be applied retroactively to
plaintiff's case.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/e030908a.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/e030908a.pdf

WILBANKS v. WOLK (08/17/04 - No. A101100)
The trial court's order to strike plaintiff's defamation claim as a
Strategic Lawsuit Against Public Participation is reversed where
plaintiffs made a sufficient showing of a probability of prevailing and,
consequently, the trial court erred in granting the special motion to
strike and awarding defendant attorney fees.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/a101100.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a101100.pdf

ACKERMAN v. EDWARDS (08/18/04 - No. C045118)
Plaintiffs' challenge to an Indian Tribal Council's resolution, setting
forth procedures for conducting hearings on a member's enrollment in the
tribe, is quashed for lack of jurisdiction.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/c045118.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c045118.pdf