A Roundup of Recent Federal Court Decisions

Please enjoy the latest edition of Short Circuit, a weekly feature written by a group of individuals at the Institute for Justice.

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1. The Clear Air Act defines “new” pollution sources as those built after EPA promulgates the relevant pollution standard for that source. In 2022, EPA established standards for certain industrial boilers, applying them to boilers built before the standards were proposed. D.C. Circuit: This means the boilers are not considered “new.”
2. Maine law and jail policy prevent officers from being present in the delivery room while a prisoner is in labor or giving birth, except at the request of medical staff. First Circuit: It is established that, without an emergency, the Fourth Amendment prohibits observing the prisoner’s naked body unless under specific conditions. No qualified immunity for officers involved, who also have alleged histories of inappropriate conduct with female inmates. (IJ filed an amicus brief in support of this action with the MacArthur Justice Center.)
3. Is it considered “fair use” for a nonprofit organization to scan copyright-protected print books in their entirety and distribute those digital copies online for free without authorization from the copyright holders? Second Circuit: A detailed opinion is provided, but based on the question, the answer is likely predictable.
4. After causing a traffic accident and appearing unsteady on his feet, a man is arrested. With no alcohol in his system, suspicions of drugs arise. It is later discovered he had a stroke. Can he sue an NYPD officer who pursued charges despite knowledge of the stroke? Second Circuit (unpublished): The officer had arguable probable cause, defeating a malicious prosecution claim.
5. FullStory Inc. provides a script of computer code allowing businesses to collect data on website visitor interactions. Two class actions in Pennsylvania allege violations of wiretapping and privacy laws by FullStory and Papa John’s. Dismissal of Papa John’s is affirmed, but dismissal of FullStory is vacated and remanded for further evaluation. Third Circuit (over a dissent): Dismissal of Papa John’s is upheld, but FullStory’s case is sent back for proper assessment.
6. In Houston, a man assisting officers at a fender bender is allegedly assaulted by a sergeant, leading to a scuffle and arrest. Fifth Circuit: If the facts align with the allegations, qualified immunity is not granted. Dissent argues against this decision based on video evidence, suggesting the sergeant should have immunity. Concurrence calls for a trial to determine the outcome.
7. A driver pleads guilty to felony fleeing after a high-speed chase and sues officers for excessive force. Fifth Circuit (unpublished): The driver fails to appeal a key point, resulting in no fees for defendants. A concurring opinion questions the fairness of the current fee-shifting precedent.
8. In a case regarding campaign finance laws, the Sixth Circuit upholds federal limits on political party spending in coordination with candidates. Various opinions within the court discuss the application of historical review and the role of SCOTUS in such cases. Dissenting views suggest the limits should be struck down.
9. During a lawful arrest, officers cause damage to a house while attempting to arrest a murder suspect. Sixth Circuit: The destruction is not considered a Fifth Amendment taking, as officers historically have the privilege to take necessary actions during an arrest without liability.
10. Republican Party committees in Kentucky seek to spend money in support of a state constitutional amendment on school choice, but face legal challenges. Sixth Circuit: The committees have the right to sue and are likely to succeed, leading to an injunction pending appeal.
11. At George Floyd protests in Des Moines, Iowa, officers make arrests without sufficient probable cause. Eighth Circuit: Officers must have valid reasons to arrest individuals, otherwise qualified immunity will not apply.
12. During a protest in San Jose, Calif., an officer shoots a non-threatening protestor with a foam baton round. Ninth Circuit: First Amendment retaliation and Fourth Amendment excessive force claims must proceed to a jury trial.
13. Allegations of police misconduct during George Floyd protests in Los Angeles lead to a class action lawsuit. Ninth Circuit: Injuries suffered by plaintiffs do not meet class action requirements and the case is remanded for further review.
14. A lawsuit questions voting rights for individuals moving between different U.S. territories. Ninth Circuit: The differing treatment is deemed rational, though dissenting views call for a more stringent evaluation.
15. California’s requirement for social media companies to report on content moderation practices is challenged. Ninth Circuit: The provision goes beyond commercial speech, leading to an injunction against its enforcement.
16. A law in Montana criminalizing maintaining multiple voter registrations is challenged. Ninth Circuit (unpublished): A preliminary injunction is upheld pending further legal proceedings.
17. LGBTQ+ students sue the federal government over exemptions for religious universities to discriminate. Ninth Circuit: Tax breaks for religious institutions are deemed constitutional.
18. Mugshots of all arrestees in Maricopa County, Ariz. are posted online, raising concerns of Due Process violations. Ninth Circuit: The case proceeds, suggesting potential violations of the Due Process Clause.
19. A case with significant errors in prior rulings prompts a review by a new judge. Ninth Circuit: Correcting previous mistakes is within the court’s authority.
20. The Eleventh Circuit rules on a case involving a robbery incident. Various opinions discuss the interpretation of “physically restrained” and the role of AI in legal proceedings.
21. A Christian school in Tampa, Fla. sues over the denial of a prayer at a state championship game. Eleventh Circuit: The retrospective claim is barred, and prospective relief is unlikely.
22. The First Circuit and Eleventh Circuit revisit a case involving monetary penalties, with conflicting views on the interpretation of the Eighth Amendment’s Excessive Fines Clause.
23. The Ninth Circuit declines to reconsider a decision involving human rights abuses facilitated by a technology company, sparking concerns about separation of powers. Additionally, a ruling on disarming suspects awaiting trial raises questions about Second Amendment rights.

Victory! Wilmington, Del. officials agree to reform predatory vehicle impound practices following a lawsuit by IJ. The settlement provides protections for vehicle owners against abusive practices, ensuring fair treatment and due process. Learn more about the settlement.