Latest 4 Cases: Powers v. Northside Independent School District (Civil Rights), League of United Latin American Citizens v. Abbott (Civil Rights), ...

A Tale of Two Victims Trying to Stay Above Water While Pursuing Justice: Corey Feldman and Patty Fortney (And Her Sisters)

MARCI A. HAMILTON

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, describes two stories that show the persistent barriers to justice for child sex abuse victims, despite significant progress recently. First, Hamilton relates the story of Corey Feldman, who will finally get to tell his story of abuse in the premiere of My Truth: The Rape of Two Coreys on March 9, 2020, which will air at 11pm EST in a one-time, online showing globally. Second, Hamilton describes how Patty Fortney and her sisters are pursuing justice against the diocese of Harrisburg, Pennsylvania.

Read More

Searching for Even Slim Reeds of Optimism That This is Not the End of the Rule of Law in America

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan offers two possible reasons for cautious optimism that the rule of law survives under President Trump: (1) Trump continues to lie, and (2) even the most potentially unreliable Democrats have not (yet?) decided to stop opposing him.

Read More

Powers v. Northside Independent School District

Docket: 18-50983

Opinion Date: February 26, 2020

Judge: Kurt D. Engelhardt

Areas of Law: Civil Rights, Constitutional Law, Education Law, Labor & Employment Law

Plaintiffs filed suit against the school district and its superintendent, alleging free speech and retaliation claims in violation of their First Amendment rights under 42 U.S.C. 1983; Article 1, Section 8 of the Texas Constitution; and the Texas Whistleblower Act. Plaintiffs, the former principal and assistant principal of an elementary school, served on a 504 committee which convened for the purpose of implementing regulations under Section 504 of the Rehabilitation Act of 1973. Plaintiffs were terminated after an investigation determined that they intentionally authorized inappropriate student testing accommodations based on a misapplication of Section 504 eligibility requirements. The Fifth Circuit affirmed the district court's judgment, holding that the superintendent was entitled to qualified immunity because it was not clearly established at the time whether First Amendment liability can attach to a public official who did not make the final employment decision. The court also held that the district court did not err in granting summary judgment on plaintiff's First Amendment claims, because plaintiffs' calls to TEA regarding Section 504 construction and application at the elementary school were clearly activities undertaken in the course of performing their jobs and these actions were therefore not protected by the First Amendment. Finally, the court held that plaintiffs were not entitled to recover lost wages because they failed to exercise reasonable diligence to mitigate their damages; the district court did not err in denying plaintiffs' motion for rescission or modification; the district court did not err in instructing the jury that the IHE's findings were preclusive; and the district court did not err in relying on the jury's verdict that plaintiffs did not report a violation of law in good faith.

League of United Latin American Citizens v. Abbott

Docket: 19-50214

Opinion Date: February 26, 2020

Judge: Jerry E. Smith

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

Several Organizations and eligible voters filed suit challenging the constitutionality of Texas's winner-take-all (WTA) method of selecting presidential electors, claiming that the WTA violates the one-person, one-vote principle rooted in the Equal Protection Clause of the Fourteenth Amendment and freedom of association under the First and Fourteenth Amendments. The Fifth Circuit affirmed the district court's grant of defendants' motion to dismiss. The court held that Williams v. Va. State Bd. of Elections, 288 F. Supp. 622 (E.D. Va. 1968), aff'd, 393 U.S. 320 (1969) (per curiam), did not confront an argument that appointing presidential electors through a WTA system violates freedom of association, and thus the court must address the substance of those claims. The court also held that plaintiffs failed to state a cognizable burden, and rejected plaintiffs' claims that WTA burdens their right to a meaningful vote, to associate with others, or to associate with candidates and petition electoral representatives. More generally, the court held that plaintiffs failed to allege any harms suffered by reasons of their views. Rather, the court wrote that any disadvantage plaintiffs allege is solely a consequence of their lack of electoral success.

R. S. v. Highland Park Independent School District

Docket: 19-10458

Opinion Date: February 26, 2020

Judge: Per Curiam

Areas of Law: Education Law, Public Benefits

Plaintiff filed suit alleging that the school district violated the Individuals with Disabilities Education Act (IDEA) by failing to develop and implement an Individual Education Plan (IEP) that was reasonably calculated to provide him with educational benefits appropriate to his circumstances. Assuming arguendo that plaintiff was able to challenge all of the IEPs that the school district designed and implemented, the Fifth Circuit ultimately held that there was no IDEA violation. The court held that the district court properly considered the four factor test articulated in Cypress-Fairbanks lndep. Sch. Dist. v. Michael ex rel. Barry F., 118 F.3d 245, 247 (5th Cir. 1997), and concluded that all factors weighed in favor of the school district. In this case, the school district expended a great amount of time and resources developing and implementing an IEP that was based on multiple in-depth evaluations of plaintiff's unique needs and abilities with significant input from plaintiff's parents and expert consultants, and plaintiff achieved at least some academic and nonacademic benefits as a result of his plan. Accordingly, the court affirmed the district court's grant of summary judgment against plaintiff on his IDEA claim and dismissal of his remaining claims.

Genesis Marine, LLC v. Hornbeck Offshore Services, LLC

Docket: 19-30313

Opinion Date: February 26, 2020

Judge: James C. Ho

Areas of Law: Legal Ethics

The Fifth Circuit affirmed the district court's denial of attorney's fees to both parties, because both parties prevailed in this case. The court found two prevailing parties where Genesis obtained the $722,346.35 that materially alters the relationship between the parties and placed Hornbeck in Genesis's debt. Furthermore, Hornbeck obtained a $117,284.54 judgment that forced Genesis to pay an amount of money it otherwise would not pay.