Another Attempt to Find Optimism in American Politics

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan continues his series of columns attempting to find optimism in what he describes as “post-constitutional life in America.” In this installment, Buchanan notes that President Trump’s reactions to COVID-19 are a reason for optimism because they reflect a fear that a pandemic (and market responses to a pandemic) could threaten his hold on the White House.

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Bauer v. Koester

Docket: 19-1786

Opinion Date: March 4, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure, Civil Rights, Constitutional Law, Government & Administrative Law

Donald and Lauretta Bauer purchased land from Donald’s parents and executed promissory notes and a mortgage. When Donald’s parents died, their interest in the notes transferred to Donald's siblings, who sought foreclosure. A state court entered a foreclosure judgment and a deficiency judgment. No judicial sale occurred. The Bauers tried to redeem the property by satisfying the judgment. The foreclosure plaintiffs issued citations to discover assets and sought additional interest. The state court found that the Bauers owed an additional $33,782.96 in interest. The Bauers paid; the plaintiffs filed a satisfaction of judgment. The Bauers then sued, alleging tampering with evidence and abuse of process by seeking to extort money through the issuance of citations to discover assets. The state appellate court upheld the dismissal of the case. The Bauers filed a federal suit, 42 U.S.C. 1983, alleging that the defendants, including the state-court judge, conspired to introduce a forged document into evidence during the foreclosure trial and that the judge and the clerk allowed the plaintiffs to issue baseless citations to discover assets. The district court dismissed the case under the Rooker-Feldman doctrine, which precludes federal district-court jurisdiction “over cases brought by state-court losers challenging state-court judgments rendered before the district court proceedings commenced.” The Seventh Circuit affirmed, rejecting the Bauers’ argument that they did not seek to set aside the state court’s order or judgment but only mean to challenge the “collection practices” of the defendants and their collusion. Any finding in favor of the Bauers would require the federal court to contradict the state court’s orders.

Ross v. United States

Dockets: 17-2902, Nos. 17-2880

Opinion Date: March 4, 2020

Judge: HAMILTON

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

In 2011, the petitioners pleaded guilty to violating 18 U.S.C. 924(c) for brandishing a firearm during a “crime of violence”—theft from a federally licensed firearms dealer, 18 U.S.C. 922(u). In 2016, both moved under 28 U.S.C. 2255 to vacate their section 924(c) convictions, citing the Supreme Court’s 2019 “Davis” holding that a violation of section 922(u) no longer counts as a crime of violence. The district court denied relief. The Seventh Circuit affirmed. Express collateral-attack waivers in both plea agreements are valid and bar their challenges to their convictions and sentences. The petitioners did not satisfy any recognized bases for avoiding a valid collateral-attack waiver. The court rejected their arguments that they were asserting a non-waivable “jurisdictional” challenge to the constitutionality of the statute of conviction; that allowing their convictions to stand would result in a “miscarriage of justice”; and that their section 924(c) convictions rest on a “constitutionally impermissible factor.”

Thomas v. Wardell

Docket: 17-2582

Opinion Date: March 4, 2020

Judge: Brennan

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Thomas was convicted of the voluntary manslaughter of his uncle and is serving a 40-year sentence at Indiana’s Westville Correctional Facility. He has a history of mental illness which began before his incarceration; his symptoms include suicidal ideations, paranoia, and hallucinations. Thomas has also been diagnosed with epilepsy, antisocial personality disorder, and anxiety, for which he has received various medications while incarcerated. Thomas sued state correctional officials, alleging deficient health care, inadequate conditions of confinement, and that officers treated him with excessive force. The district court found Thomas’s pro se complaint deficient and gave him opportunities to remedy its problems but ultimately dismissed his case for failure to prosecute. The court also denied three requests by Thomas for appointed counsel. The Seventh Circuit reversed the dismissal. The district court abused its discretion by denying Thomas’s requests to appoint counsel. Thomas made reasonable attempts to obtain counsel and the court did not assess whether Thomas appeared competent to litigate the case given its difficulty. This outcome prejudiced Thomas. The court remanded for the appointment of an attorney. The district court also provided insufficient grounds on which to dismiss Thomas’s case for failure to prosecute.

Guerra-Rocha v. Barr

Docket: 18-3471

Opinion Date: March 4, 2020

Judge: Diane Pamela Wood

Areas of Law: Immigration Law

Rocha entered the U.S. with her sons and presented herself, asserting that she had fled from a Mexican cartel. After passing a credible‐fear interview, she was paroled into the U.S. The family stayed with Torres, in Chicago. Torres was a violent drunk. He threatened and abused Rocha, once brandishing a machete. Neighbors witnessed the attack and called the police. Rocha and her sons relocated to Miami. Chicago police asked her to return. She did so and stayed in shelters for victims of domestic violence while cooperating with the police and testifying at Torres’s trial. Rocha’s cooperation entitled her to apply for a nonimmigrant “U visa,” which allows violent crime victims who provide assistance to law enforcement to remain in the U.S. for four years, 8 U.S.C. 1101(a)(15)(U). With respect to Rocha’s asylum petition, an IJ found Rocha removable but granted a continuance. Days after Rocha submitted her U‐visa application, the immigration court moved up the date of her hearing, leaving Rocha with only two days to prepare. The IJ found her ineligible for relief. Rocha’s counsel did not mention the U‐visa petition at the hearing, thinking that it would be pointless without application receipts. The BIA affirmed the denial of her applications for asylum, withholding of removal and protection under the CAT and summarily rejected her request for a remand to seek a continuance to pursue the U visa. The Seventh Circuit granted Rocha’s petition for review; she is entitled to a remand for the purpose of deciding whether her pending U‐visa application entitles her to a continuance.