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U.S. 2nd Circuit Court of Appeals
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WESTCHESTER DAY SCH. v. VILL. OF MAMARONECK (09/27/04 - No. 03-9042)
Summary judgment in favor of plaintiff-school, granting its application
to construct an additional building on its campus, is reversed where a
factfinder could reasonably disagree with several findings essential to
the district court's conclusion.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/039042p.pdf

GUALANDI v. ADAMS (10/01/04 - No. 02-7809)
An employee benefit plan, which is set up and administered using funds
from the public school district, is not subject to the provisions of
ERISA.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/027809p.pdf

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U.S. 3rd Circuit Court of Appeals
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WALKER v. HORN (09/28/04 - No. 03-1896)
A jury verdict against plaintiff-prisoner's claim, alleging that his
Constitutional rights were violated when defendant-prison officials
force-fed him after not eating for nine days, is affirmed over his
challenge that the district court erred in admitting evidence of his
prior robbery convictions in the trial.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/031896p.pdf

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U.S. 4th Circuit Court of Appeals
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VIRGINIA DEP'T OF STATE POLICE v. THE WASHINGTON POST (10/01/04 - No.04-1375)
The district court properly decided to unseal certain documents related
to plaintiff-police department's criminal investigation of a murder
where the release of the documents would not affect the integrity of the
investigation.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/041375p.pdf

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U.S. 6th Circuit Court of Appeals
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ACLU OF OHIO v. TAFT (09/27/04 - No. 02-3924)
Article I, section 2, clause 4 of the United States Constitution is
mandatory, imposing upon a state executive the duty to issue a writ of
election when one of her state's seats in the United States House of
Representatives becomes vacant during a congressional term.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0327p.html

PARKS v. FINAN (09/29/04 - No. 03-3848)
Defendant's scheme, requiring a permit for speeches and public
gatherings on the state capitol grounds, is invalid with respect to
individuals where it is a substantially overbroad restriction of
individual speech in violation of the First Amendment.

To read the full text of this opinion, go to:
http://laws.findlaw.com/6th/033848.html

INT'L UNION v. WINTERS (09/30/04 - No. 03-1574)
The district court's holding that a random drug testing program
implemented for select Michigan civil service employees does not violate
the Fourth Amendment is affirmed where sufficient special needs, based
on public concerns, were present and overrode the intrusion of
plaintiffs' Fourth Amendment rights.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/031574.html

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U.S. 7th Circuit Court of Appeals
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FRNAKLIN v. CITY OF EVANSTON (09/27/04 - No. 03-2127)
Defendant-City violated plaintiff's right to procedural due process
where its policy does not allow plaintiff an opportunity to defend
himself against disciplinary proceedings.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/032127p.pdf

NADER v. KEITH (09/29/04 - No. 04-3183)
The district court's denial of a preliminary injunction, which would
require the State of Illinois to place plaintiff's name on the ballot
for the Presidential election, is affirmed where voters could be harmed
if a last-minute injunction disrupts the Presidential election in
Illinois.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/043183p.pdf

BOYD v. ILLINOIS STATE POLICE (09/30/04 - No. 02-2880)
Summary judgment against plaintiffs' employment discrimination claim is
affirmed where their work transfer did not violate the state transfer
statute and did not violate plaintiff's rights under the equal
protection clause.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/022880p.pdf

CITY OF CHICAGO v. COMCAST CABLE
(10/01/04 - No. 03-3815)
A contract between plaintiff-City and cable TV operators, requiring
them to pay 5% of their gross revenues for any service, is not preempted
by 47 U.S.C. section 542(b).

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033815p.pdf

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U.S. 9th Circuit Court of Appeals
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GENZLER v. LONGANBACH (09/27/04 - No. 02-56572)
Plaintiff's suit, charging defendants with prosecutorial misconduct
during his criminal homicide trial, is dismissed where defendants have
absolute and qualified immunity since their involvement in prosecutorial
decisions was advocacy intimately associated with the judicial process.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0256572p.pdf

DREAM PALACE v. COUNTY OF MARICOPA (09/27/04 - No. 00-16531)
In a suit to determine whether a local ordinance imposing licensing and
operating regulations on adult entertainment establishments violated the
First Amendment, the invalid portions are severable from the remainder,
and the prohibition on specified sexual activity is the only portion
that should be enjoined.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0016531p.pdf

REYNOLDS TOBACCO CO. v. SHEWRY (09/28/04 - No. 03-16535)
Plaintiff's suit, claiming that a California surtax on cigarettes which
paid for advertisements criticizing the tobacco industry violated the
First Amendment, is dismissed where it is unsupported by the
Constitution and so unlimited in principle as to threaten a wide range
of legitimate government activity.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0316535p.pdf

US v. MARKARIAN (10/01/04 - No. 03-15396)
In a civil forfeiture action, summary judgment against defendants is
affirmed where they lack a sufficient interest in the property to have
Article III standing, and, consequently, may not contest the forfeiture.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315396p.pdf

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U.S. 11th Circuit Court of Appeals
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US v. MAXWELL (10/01/04 - No. 03-14326)
Defendant's conviction for possession of child pornography is reversed
where the government's attempt to prove that child pornography moved
across state lines was an unconstitutional exercise of the Commerce
Clause.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0314326p.pdf

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United States Court of Appeals for the Federal Circuit
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VAIZBURD v. US (10/01/04 - No. 03-5154)
The Court of Federal Claims properly denied plaintiffs' claim for
compensation for a physical taking on ground that plaintiffs failed to
establish any decline in the fair market value of their property,
however, the case is vacated and remanded to determine if plaintiffs can
recover on a cost of cure theory.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/035154.html

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Supreme Court of Florida
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FRANKLIN v. STATE OF FLORIDA (09/30/04 - No. SC03-413)
Chapter 99-188, Laws of Florida, designated by the Legislature as the
Three-Strike Violent Felony Offender Act, is constitutional where it
does not violate the single subject clause of the Florida Constitution.

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/floridastatecases/9_2004/sc03-413.pdf

STATE OF FLORIDA v. GREEN (09/30/04 - No. SC03-532)
Chapter 99-188, Laws of Florida, designated by the Legislature as the
Three-Strike Violent Felony Offender Act, is constitutional where it
does not violate the single subject clause of the Florida Constitution.

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/floridastatecases/9_2004/sc03-532.pdf

FRANKLIN v. STATE OF FLORIDA (09/30/04 - No. SC03-413)
Chapter 99-188, Laws of Florida, designated by the Legislature as the
Three-Strike Violent Felony Offender Act, is constitutional where it
does not violate the single subject clause of the Florida Constitution.

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/floridastatecases/9_2004/sc03413.pdf

STATE OF FLORIDA v. GREEN (09/30/04 - No. SC03-532)
Chapter 99-188, Laws of Florida, designated by the Legislature as the
Three-Strike Violent Felony Offender Act, is constitutional where it
does not violate the single subject clause of the Florida Constitution.

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/floridastatecases/9_2004/sc03532.pdf

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California Appellate Districts
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HUGHES v. HUGHES (09/28/04 - No. B168913)
In a defamation case concerning the statement, "Our dad's a pimp,"
evidence of plaintiff's past activity of pimping is relevant and
sufficient to establish a defense of truth.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b168913.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168913.pdf

SYLMAR AIR CONDITIONING v. PUEBLO CONTRACTING SERV. INC. (09/29/04 -No. B171608)
A SLAPP motion issued against plaintiff's cross-complaint is affirmed
where the SLAPP motion was meritorious, and, consequently, defendant is
entitled to an award of its attorney fees and costs.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b171608.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b171608.pdf