LATEST SUMMARIES
CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
Diaz-Romero v. Mukasey
CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW, GOVERNMENT LAW
Parker v. Hurley
CIVIL RIGHTS, CONSTRUCTION, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Clark v. Boscher
IMMIGRATION LAW
Chikkeur v. Mukasey
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LATEST SUMMARIES
CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
Diaz-Romero v. Mukasey, No. 07-1607
In a suit brought under Bivens and the Federal Tort Claims Act
(FTCA) alleging that the defendants engaged in a conspiracy to
violate his constitutional rights and created a hostile work
environment, dismissal of plaintiff's suit is affirmed where
plaintiff's status as a commissioned officer of the Public Health
Service (PHS) bars his suit.
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CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW, GOVERNMENT LAW
Parker v. Hurley, No. 07-1528
In a suit brought by parents, whose religious beliefs are offended
by gay marriage and homosexuality, against their children's school
district claiming that they had to be given prior notice by the
school and the opportunity to exempt their young children from
exposure to books they find religiously repugnant, dismissal of
parents claims is affirmed where, accepting plaintiffs' assertion
that their sincerely held religious beliefs were deeply offended,
they failed to establish a constitutional burden on their rights, or
on those of their children.
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CIVIL RIGHTS, CONSTRUCTION, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Clark v. Boscher, No. 06-2473
In a 42 U.S.C. section 1983 suit against a former mayor and various
former city council members and commissioners for obstructing the
development of a residential subdivision on plaintiffs' land,
dismissal of plaintiffs' claims is affirmed where their well-pleaded
facts failed to demonstrate violations of their constitutional due
process or equal protection rights under the Fourteenth Amendment.
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IMMIGRATION LAW
Chikkeur v. Mukasey, No. 05-2893, 07-1798
Algerian citizens' petition for review of denials of their
applications for asylum and related relief, as well as their motion
to reopen, is denied where: 1) the IJ supportably found, on the
record, that petitioners failed to demonstrate the requisite link
between certain extortion and his political opinion or membership in
a particular social group; and 2) there was no abuse of discretion
in denying the motion to reopen.
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