Latest 2 Cases: Anokwuru v. City of Houston (Civil Rights), United States v. Norbert (Criminal Law)

How Not to Criticize the American Rescue Plan Act of 2021

MICHAEL C. DORF

Cornell law professor Michael C. Dorf responds to three broad-based objections by Republican opponents to the American Rescue Plan Act of 2021: (1) that the already-recovering economy doesn’t need stimulus; (2) that many of the Act’s provisions have nothing to do with COVID-19; and (3) that there will be waste, fraud, and abuse. Professor Dorf explains why these objections ring hollow and argues that while the Act is not perfect legislation and will likely face challenges in implementation, it is a much better option than anything Republicans were offering.

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Anokwuru v. City of Houston

Docket: 20-20295

Opinion Date: March 16, 2021

Judge: Cory T. Wilson

Areas of Law: Civil Rights, Constitutional Law

The Fifth Circuit affirmed the district court's Federal Rule of Civil Procedure 12(b)(6) dismissal of plaintiff's 42 U.S.C. 1983 claims. Plaintiff's claims stemmed from his arrest for aggravated sexual assault where the district attorney's officer subsequently dismissed the case based on lack of probable cause to believe that plaintiff committed the offense. The court concluded that the district court did not err by dismissing plaintiff's constitutional claims for false arrest where the arrest was reasonable and established no constitutional violation; for malicious prosecution because he abandoned this claim on appeal and, to the extent that he does not concede the issue, there is no freestanding right under the Constitution to be free from malicious prosecution; and for equal protection where plaintiff failed to allege that he was treated differently than persons similarly situated to him and that the treatment stemmed from discriminatory intent. Furthermore, the district court did not err by dismissing the claim for failure to train where plaintiff has not plausibly alleged that the City's training practices were inadequate or that the City was deliberately indifferent to plaintiff's rights. The court also concluded that the district court did not abuse its discretion in denying plaintiff's fourth request for leave to amend, and did not err by sua sponte dismissing plaintiff's constitutional claims against the officer.

United States v. Norbert

Docket: 20-60106

Opinion Date: March 16, 2021

Judge: W. Eugene Davis

Areas of Law: Criminal Law

The Fifth Circuit affirmed the district court's grant of defendant's motion to suppress evidence that was critical to establish the Government's charge of possession of a firearm by a convicted felon. The district court determined that police officers did not have reasonable suspicion to conduct the investigatory stop of defendant, and thus the gun and statements to police were suppressed as fruits of the poisonous tree. The court concluded that the district court did not err in finding that the officers did not have reasonable suspicion to conduct an investigatory stop. In this case, the district court found that the informant's tip lacked credibility and reliability because the caller did not provide her name or phone number and had no history of reliable reports of criminal activity, and the police officers did not attempt to contact the management at the Millsaps Apartments to determine who made the phone call.