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U.S. 1st Circuit Court of Appeals
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GALLAZO v. FOY (11/10/04 - No. 03-2658 )
Plaintiffs' claim of wrongful employment termination, based on their
political beliefs, is dismissed where political affiliation is a
permissible criterion for holding the positions at issue and plaintiffs'
lacked any constitutionally protected property interest in those
positions.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/032658.html

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U.S. 6th Circuit Court of Appeals
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CASH v. HAMILTON COUNTY DEP'T OF ADULT PROB. (11/12/04 - No. 03-3916)
In a suit alleging constitutional rights violations, summary judgment
in favor of defendant-City is reversed where a genuine issue of material
fact exists over whether defendant had a custom of destroying homeless
individuals' property without notice or the right to reclaim the items
taken.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/circs/6th/033916p.pdf

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U.S. 7th Circuit Court of Appeals
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CYGAN v. WISCONSIN DEP'T OF CORR. (11/10/04 - No. 04-1297)
In a wrongful termination action, summary judgment against plaintiff's
First Amendment retaliation claim is affirmed where plaintiff could not
show that her protected speech activities were a substantial factor in
her termination.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/041297p.pdf

BAIRD v. BD. OF EDUC.
(11/12/04 - No. 03-3630)
A state breach of contract action does not provide adequate due process
to protect the rights of a school superintendent facing termination,
whose pre-termination hearing fell short of due process requirements.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033630p.pdf

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U.S. 8th Circuit Court of Appeals
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SHEETS v. BUTERA (11/09/04 - No. 03-3650)
In a 42 U.S.C. section 1983 action, the district court did not err in
granting defendant summary judgment based on qualified immunity while
plaintiff's motion to compel further discovery was pending, as
plaintiff's pleading stated that portion of the case was ripe for
determination.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033650p.pdf

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U.S. 9th Circuit Court of Appeals
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US v. ADAMS (11/08/04 - No. 03-30474)
Defendant's conviction for using National Forest System land without
special-use authorization is affirmed over his challenge that the
conviction violated his First Amendment rights.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0330474p.pdf

MAY TRUCKING CO. v. OREGON DEP'T OF TRANSP.
(11/12/04 - No. 03-35381)
Plaintiff's claim, alleging that the International Fuel Tax Agreement
precludes Oregon's collection of certain fuel taxes, is dismissed where
the Tax Injunction Act deprives the court of subject matter jurisdiction
to hear the claim.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0335381p.pdf

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U.S. 10th Circuit Court of Appeals
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ALLAN v. SPRINGVILLE CITY (11/09/04 - No. 03-4180)
In a wrongful termination action, judgment against plaintiff's
procedural due process claim is affirmed over her challenges that
district court erred in 1) formulating its jury instructions, and 2)
improperly excluded evidence at trial.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/034180.html

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California Appellate Districts
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GALLAGHER v. CONNELL (11/08/04 - No. B168077)
When defending against a SLAPP motion, inadmissible evidence which no one objects to is "admissible" for purposes of showing a probability
of success on the merits.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b168077.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168077.pdf