On April 29, 2026, the United States Supreme Court issued a unanimous opinion in First Choice Women’s Resource Centers, Inc. v. Davenport, where it held that a nonprofit suffered an injury to its First Amendment right of...more
On March 23, 2026, the Supreme Court of the United States issued one decision: Zorn v. Linton, No. 25-297: The case addressed a police officer’s qualified immunity from a protestor’s claims that the officer violated her...more
On March 6, 2026, the Third Circuit ruled in Massey v. Borough of Bergenfield that New Jersey’s approach to claims of reverse discrimination was irrevocably undermined by the U.S. Supreme Court’s ruling in Ames v. Ohio Dep’t...more
While we will write lengthier posts for cases that merit a broader discussion, as we did in our last post with respect to the Xamplas decision, we also will write brief updates for notable cases issued recently...more
In Brown v. Flowers, the Tenth Circuit Court of Appeals affirmed a denial of coverage for a judgment rendered against a corrections officer for sexual abuse, finding that the officer was not acting within the scope of duties...more
K. L. v. Dunmore School District, et. al. No. 3:24-cv-01461, 2025 U.S. Dist. LEXIS 188083 (M.D. Pa. September 24, 2025). District Court for Middle District of Pennsylvania denies federal claims under various civil rights and...more
U.S. Eleventh Circuit Court of Appeals - Melton v. I-10 Truck Cntr - employment, Title VII, racial hostility - Castro-Reyes v. Bosque - § 1983, excessive force, qualified immunity, state agent - Doe v. USA - FTCA,...more
Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more
U.S. Eleventh Circuit Court of Appeals - USA v. Rodgers - Fifth Amendment, right to silence - Hughes v. Locure - § 1983, qualified immunity - USA v. Ott - sentencing - Lewis v. Fulton Cnty Sheriff - blind inmate,...more
Feagin v. Mansfield Police Dept., 155 F. 4th 595 (6th Cir. 2025) - In a colorful opinion from the Sixth Circuit, the court found that it was not excessive force to tase the plaintiff when he refused to supply his hand for...more
Join us Thursday, February 12, from 2 to 3 p.m. EST for our webinar, “§ 1983 Qualified Immunity Appeals: Procedure and Strategy.” During this webinar, our presenters will discuss: what is § 1983 liability; scope of § 1983...more
U.S. Eleventh Circuit Court of Appeals - USA v. Jones - drug, gun crimes; evidence, improper closing; questioning re Miranda - Gantt v. Everett - § 1983, qualified immunity ...more
U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more
In Edmondson Community Organization, Inc. v. Mayor and City Council of Baltimore, the U.S. District Court for the District of Maryland recently applied the Supreme Court’s 2023 landmark decision in Tyler v. Hennepin...more
U.S. Eleventh Circuit Court of Appeals - Bridges v. Poe - § 1983, prison abuse - USA v. Martinez - smuggling, ivory, evidence, obstruction of justice ...more
Javier Gomez, Plaintiff v. Commonwealth of PA, et al., Defendants, No. 3:25-Cv-1378, 2025 Wl 2670572 (M.D. Pa. Sept. 17, 2025) - The plaintiff, Javier Gomez, an inmate at SCI-Coal Township, brought a civil rights action under...more
U.S. Eleventh Circuit Court of Appeals - Watkins v. Davis - § 1983, qualified immunity - USA v. Leahy - race-based intimidation, constitutional challenge, instructions - USA v. Schmitz -search and seizure - ...more
In Breakwater Treatment and Wellness Corp. v. The City of Asbury Park, Civil Action No. 23-3661 (D.N.J. 2025), the United States District Court for the District of New Jersey recently dismissed with prejudice a cannabis...more
U.S. Eleventh Circuit Court of Appeals - Pop v. LuliFama.com - class action, FDUTPA, influencers - Perfection Bakeries v. Retail Wholesale - pension fund, withdrawal liability - Bayse v. Philbin - qualified...more
The actual authority of certain law enforcement officers is sometimes unclear in today’s climate. The most obvious example in the news today is the authority and identity of Immigration and Customs Enforcement (“ICE”) agents...more
The U.S. Supreme Court decision yesterday that likely will get the most attention is Medina v. Planned Parenthood South Atlantic, in which a 6–3 Court that lined up according to the conservative vs. liberal stereotype, held...more
The U.S. Supreme Court, in a 6-3 decision, ruled that the Medicaid Act’s any-qualified-provider provision does not confer individual rights enforceable under 42 U.S.C. §1983. This decision reverses the Fourth Circuit’s...more
The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more
On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more
MAKING THE WHOLE TRUTH PUBLIC: THE FIGHT TO RELEASE BODY-WORN CAMERA FOOTAGE IN SECTION 1983 LITIGATION - Body-worn cameras were heralded as a promising innovation in the fight against crime and police misconduct. But in...more