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U.S. 2nd Circuit Court of Appeals
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HUMINSKI v. HON. NANCY CORSONES (11/04/04 - No. 02-6201)
Plaintiff's suit, challenging his prohibition from presence in and
around state courthouses, is dismissed where, even though
defendant-judge violated plaintiff's First Amendment rights, she is
protected by qualified immunity.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/026201p.pdf

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U.S. 3rd Circuit Court of Appeals
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MITCHELL v. CELLONE (11/01/04 - No. 04-1063)
A plaintiff alleging racial discrimination in housing is allowed to
initiate a private lawsuit in federal court, even if he has previously
filed an administrative complaint under the Fair Housing Act that has
resulted in a state agency bringing a state court action against the
alleged discriminator.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/041063p.pdf

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U.S. 4th Circuit Court of Appeals
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KIRBY v. CITY OF ELIZABETH CITY (11/03/04 - No. 03-2035)
Plaintiff claim that he was retaliated against based on the content of
his testimony at a public hearing is dismissed where defendant city is
not liable under respondeat superior principles for the conduct of its
employees.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/032035p.pdf

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U.S. 6th Circuit Court of Appeals
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AMERICAN CANOE ASS'N INC. v. CITY OF LOUISA (11/01/04 - No. 02-6018)
Dismissal of plaintiff's complaint, alleging that defendant violated a
National Pollutant Discharge Elimination System permit, is reversed
where the district court incorrectly determined that plaintiff did not
have constitutional standing.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/6th/026018p.pdf

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U.S. 9th Circuit Court of Appeals
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CABAZON BAND OF MISSION INDIANS v. SMITH (11/03/04 - No. 02-56943)
Defendant-County is precluded by federal Indian law from prohibiting
plaintiff-Indian Tribe's use and display of emergency light bars on its
police vehicles when those vehicles are traveling on public roads in
performance of the tribal officers' law enforcement functions.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0256943p.pdf

NATURAL RES. DEFENSE COUNCIL v. ABRAHAM
(11/05/04 - No. 03-35711)
In an action to obtain a declaration that Department of Energy Order
435.1, which outlines the management of radioactive waste, is invalid,
plaintiff's suit is dismissed where the case is unripe.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0335711p.pdf

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U.S. 10th Circuit Court of Appeals
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NOVA HEALTH SYS. v. GANDY (11/04/04 - No. 02-5094)
Plaintiff-abortion providers' challenge to an Oklahoma statute, which
makes abortion providers liable for subsequent medical costs incurred by
a minor who had an abortion, is dismissed where plaintiffs lack standing
to bring the lawsuit.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/025094.html

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Supreme Court of California
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MCCLUNG v. EMPLOYMENT DEV. DEP'T (11/04/04 - No. S121568)
Government Code section 12940(j)(3), which imposes personal liability
on coworkers, does not apply retroactively to conduct predating its
enactment.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s121568.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/s121568.pdf

MCCLUNG v. EMPLOYMENT DEV. DEP'T
(11/04/04 - No. S121568)
Government Code section 12940(j)(3), which imposes personal liability
on coworkers, does not apply retroactively to conduct predating its
enactment.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s121568.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/s121568.pdf

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California Appellate Districts
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GRAY v. SUPERIOR COURT OF NAPA
(11/01/04 - No. A107367)
Barring plaintiff-doctor from practicing medicine as a condition of
bail, while not unreasonable per se, violates his procedural due process
rights.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/a107367.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a107367.pdf

PEOPLE v. DIAL (11/03/04 - No. C045211)
A defendant awaiting sentencing in California while incarcerated in
another state is not denied equal protection of the laws if he is not
returned to California for sentencing upon request.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/c045211.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c045211.pdf

BENASRA v. MITCHELL, SILBERBERG & KNUPP
(11/05/04 - No. B166653, B167512)
A claim alleging breach of an attorney's duty of loyalty is not subject
to a special motion to strike pursuant to Code of Civil Procedure
section 425.16.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b166653.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166653.pdf