Enjoy the latest edition of Short Circuit, a weekly feature written by members of the Institute for Justice.
Check out the newest episode of the Short Circuit podcast: Dive into the Tenth Circuit hills with a parking lot full of Broncos fans and a legal doctrine called Biven‘s cat.
- An Army forensic examiner quits his job after being told it doesn’t look good following his ex-wife’s report of sexual assault to his employer. He later applies for a position with the Department of the Treasury, omitting details of his previous employment. Despite being convicted of wire fraud, the D.C. Circuit overturns his conviction, stating that his lies did not defraud the government.
- A former Department of Veterans Affairs attorney has his case dismissed by the D.C. Circuit due to lack of leniency for trained lawyers representing themselves.
- Project Veritas employees lose protection under journalist’s privilege after federal crimes are discovered on their devices, as ruled by the Second Circuit.
- An immigration judge’s venue decision is challenged in the Third Circuit, with the case transferred to the Sixth Circuit.
- Philadelphia prosecutors are granted prosecutorial immunity in a 1983 suit filed against them, as ruled by the Third Circuit.
- Staffing associations’ challenge to a New Jersey law is denied by the Third Circuit.
- A man’s ineffective assistance of counsel claim is upheld by the Third Circuit after rejecting a plea deal that resulted in a much longer sentence.
- The Fourth Circuit upholds a Bivens claim in a controversial decision.
- A man’s 1983 suit is reinstated by the Fourth Circuit after being dismissed pre-discovery.
- Officers in Fairfax County, Va. face Fourth Amendment violations in the Fourth Circuit for lack of particularized suspicion during a search.
- A law review article challenging the FCC’s tax is cited in a Fifth Circuit en banc opinion.
- The question of who watches the watchmen is explored in a case discussed by the courts.
Citizens who claim that being on the list makes it hard or impossible for them to fly. Fifth Circuit: There is plenty of statutory authority for various branches of the administrative state to conduct surveillance and create lists.
- Dissent: It is not appropriate for either of their claims to move forward.
- An immigration judge discredits the testimony of a Chinese national seeking asylum due to inconsistencies regarding a past forced abortion. However, the Ninth Circuit finds that the government’s attorney was mistaken about Chinese law, ultimately resolving the discrepancies in her testimony. The dissent suggests that the case should not hinge on an issue of Chinese law that was not raised by either party.
- In a Tenth Circuit decision, it is noted that in some federal prosecutions involving Native Americans, proving the defendant’s ethnicity is a jurisdictional requirement. A “Certificate of Indian Blood” may be used as evidence, potentially created by a tribe at the request of prosecutors. The conviction is overturned due to the government’s failure to disclose critical evidence in a timely manner.
- The Seventh Circuit denies Cook County’s petition for rehearing a panel decision on class actions and incentive awards. Judge Easterbrook offers additional insights on incentive awards, with a notable reference to “wagers of law.”
Minnesota’s requirement for a license to teach equine massage, but not horse riding, came under scrutiny in a case involving IJ client Leda Mox. The District of Minnesota ruled in favor of IJ and Leda, allowing the case to proceed based on the lack of evidence supporting the government’s actions. This decision builds on a previous IJ victory related to teaching horseshoeing, emphasizing the importance of upholding First Amendment rights.
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