Search the opinions of the US Circuit Courts of Appeal
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"
* acts as wildcard, phrases in "double quotes"
This collection has many hidden limitations. To find out what you're really searching, see the
disclaimer .
Did you mean AND AND Ada rand?
Your query 515 AND 200 AND Adarand returned 142 results.
Your search has returned a large number of results. You might want to consider using additional terms to narrow it.
 |
97-1304 -- ADARAND CONSTRUCTORS INC. V. SLATER -- 09/25/2000 We are just one race here. It is American. |
 |
RONALD F. BERKLEY ET AL V. U.S. Argued for plaintiffs appellants. |
 |
OPINION/ORDER Were on briefs for appellees Marisa Lago. Paul Holtzman and Krokidas & Bluestein were on brief for Robert H. Was on brief for Henry G. The plaintiffs in this case are former residents of Boston's Old West End who were forced to relocate when their homes were taken by eminent domain for urban renewal. That they are being denied this preference in a new development called West End Place because most former West Enders are white. The background facts are undisputed. The plan was approved as required under Massachusetts law. Luxury 1The BRA is an entity established by the Commonwealth of Massachusetts to undertake urban renewal projects and to relieve housing shortages. The new buildings were either nonresidential or so expensive that very few of the former West Enders could afford to occupy them. A proposal was submitted by the Lowell Square Cooperative Limited Partnership (the |
|
ROTHE DEVELOPMENT CORPORATION, V. DEPT OF DEFENSE Argued for plaintiff appellant. |
|
97-1304 -- ADARAND CONSTRUCTORS INC. V. SLATER -- 03/04/1999 Of certain subcontractor compensation clauses (SCCs) used by the Department of Transportation to enhance government contracting opportunities for small businesses that are owned and controlled by socially and economically disadvantaged individuals. Remanded the case to district court for a determination of whether the SCCs are narrowly tailored to serve a compelling governmental interest. Arguing that the district court incorrectly found that the subcontractor compensation clause (SCC) program was not sufficiently narrowly tailored to a compelling governmental interest as to survive strict scrutiny. 340 U.S. 36 (1950).
|
|
OPINION/ORDER O R D E R Respondent's and Intervenor's Suggestions of Rehearing En Banc and the response thereto have been circulated to the full court. The taking of a vote was requested. It is Ordered that the suggestions be denied. Dissenting from the denial of the suggestions of rehearing en banc is attached. Dissenting from the denial of the suggestions of rehearing en banc is also attached. At issue are equal employment opportunity regulations promulgated by the Federal Communications Commission ( |
|
LUTHERAN CHCH MO V. FCC Circuit Judges.
O R D E R
Respondent's and Intervenor's Suggestions of Rehearing En Banc and the response thereto have been circulated to
the full court. The taking of a vote was requested. It is
Ordered that the suggestions be denied.
Per Curiam
FOR THE COURT:
Mark J. Dissenting from the denial of the suggestions of rehearing en banc is attached.
A statement filed by Circuit Judge Tatel. Dissenting from the denial of the suggestions of rehearing en banc is also attached.
Circuit Judge Rogers would grant the suggestions of re hearing en banc.
Circuit Judge Garland did not participate in this matter.
Separate statement filed by Chief Judge Edwards. The panel in this case has created a constitu tional issue where none exists.
At issue are equal employment opportunity regulations promulgated by the Federal Communications Commission ( |
|
OPINION/ORDER Bollinger Page 3 appeal the district court's determination that the Law School's consideration of race and ethnicity in its admissions decisions violates the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.1 The Law School contends that its interest in achieving a diverse student body is compelling under Regents of the University of California v. That its admissions policy is narrowly tailored to serve that interest. The Law School is joined by the Intervenors: forty one individuals and three student groups. The policy states that the Law School's |
 |
OPINION/ORDER |
|
WOODEN V. BD. OF REGENTS OF THE UNIV. SYS. OF GEORGIA (4/19/2001, NO. 00-14322) |
|
OPINION/ORDER |
|
WOODEN V. BD. OF REGENTS OF THE UNIV. SYS. OF GEORGIA (4/19/2001, NO. 00-14322) |
|
OPINION/ORDER |
|
OPINION/ORDER |
|
OPINION/ORDER The federal highway statutes have required that ten percent of federal highway construction funds be paid to small businesses owned and controlled by |
|
OPINION/ORDER Were on brief. |
 |
OPINION/ORDER Is race based. 528 U.S. 495. Violate the Equal Protection clause of the Fourteenth Amendment because it restricts benefits to only those classified as |
|
OPINION/ORDER The City defendants were granted summary judgment. We also find that the plan was narrowly tailored. We affirm the district court's finding that the claims are without sufficient support in the record. Only the evidence involving the CPD's hiring history will be reviewed. C72 1088 and C77 346 were consolidated. 1 2 examination discriminated against minorities. The district court also found that the examinations were not validated for job performance. The district court's conclusion was buttressed by the historical workforce disparities between minorities and non minorities. The 18% rate was equal to the percentage of examination passers who were minorities. The district court directed the defendants to create an examination that was job related. Approximately 39.5% were minorities. It would take another look at whether the City was engaging in racial discrimination. The parties stipulated that the CPD would utilize |
|
OPINION/ORDER Were on the brief. Was on the brief. Was on the brief for appellee City of Vancouver. I Western States Paving Co. ( |
|
OPINION/ORDER The full court was advised of the Suggestion for Rehearing En Banc. The Petition and the Suggestion are thus DENIED. 10177 10178 JOHNSON v. Fails to recognize that Turner analysis is inapplicable in cases. In which the right asserted is not inconsistent with legitimate penological objectives. I. Strict Scrutiny is the Applicable Standard for All Race Based Government Classifications. The Supreme Court has clearly held that government classifications based on race are. STATE OF CALIFORNIA 10179 pose of strict scrutiny is to |
|
00-1145 -- CONCRETE WORKS OF COLORADO INC. V. CITY AND COUNTY OF DENVER -- 02/10/2003 Denver has amended the ordinance twice since this lawsuit was initiated but it remains essentially unchanged for purposes of this case. In 1993. A bench trial was held and the district court entered judgment in favor of CWC on its claims for injunctive and declaratory relief. See Concrete Works of Colorado. CWC's entitlement to damages was reserved and the district court directed entry of judgment under Rule 54(b) of the Federal Rules of Civil Procedure. See id. at 1044. Anecdotal evidence which are discussed respectively in subsections IV.A. |
|
OPINION/ORDER Compensatory damages were awarded against all defendants and punitive damages were awarded against each of the individual defendants. Facts The plaintiffs in this action are seventeen police officers who. Defendant Arthur Jones was the Chief of the Milwaukee Police Department. The governing statute required that he select candidates |
|
OPINION/ORDER We do so in the interests of state and federal judicial comity and because the facts of the case at bar are amenable to a limited holding. 85 Ohio St. 3d at 274. The statistics and the rationale underlying both those MBE programs are the same. The constitutionality of the overall MBE scheme was before the state court. As it was before the district court. A federal court owes no duty to abstain in deference to a state court when a federal constitutional question is at issue. Even if the Ohio Supreme Court could have avoided the federal constitutional question in Ritchey by a decision on state law grounds. That Ritchey is not |
|
OPINION/ORDER With him on the brief were Peter D. At issue is a white male employee's challenge to a government agency's affirmative action policy that allegedly deprives him of the opportunity to compete for job openings on an even playing field. We have jurisdiction over neither. Is unripe. Will adversely affect his prospects for advancement. Cir. 1999) (requiring plaintiff to have suffered an adverse employment action to prevail in a Title VII suit). While that motion was pending. MD 715 declares that agencies have |
|
OPINION/ORDER The Kamehameha Schools have operated as the charitable legacy of Princess Bernice Pauahi Bishop. The Kamehameha Schools give preference to students who are of native Hawaiian ancestry. Attendance at the Kamehameha Schools is effectively limited to those descended from the Hawaiian race. The issue considered here is a significant one in our statutory civil rights law: May a private. Purposefully exclude a student qualified for admission solely because he is not of pure or part aboriginal blood? The parties agree that this is a case of first impression in our circuit. He argues that he was denied entry to the Kamehameha Schools because of his race in violation of 42 U.S.C. § 1981. I The facts are not in dispute. Nonsectarian schools which are dispersed among the Hawaiian Islands. KAMEHAMEHA SCHOOLS 8927 The school system was founded in 1887 under a |
|
OPINION/ORDER With him on the briefs were Richard R. With him on the brief were Daniel M. Mikula were on the brief for intervenors Minority Media and Telecommunications Council. Campbell was on the brief for intervenor Nation al Organization for Women. Hunnicutt were on the brief for amici curiae Radio One. Whitehouse were on the brief for amici curiae The Leadership Conference on Civil Rights and National Council of the Churches of Christ. Curran and Eduardo Pena were on the brief for amicus curiae Congressional Black Caucus. We hold first that the Broadcasters fail to substantiate their claim that the rule is arbitrary and capricious. Thus creating a race based classification that is not narrowly tailored to sup port a compelling governmental interest and is therefore unconstitutional. Because we find that the unconstitutional portion of the rule is not severable. Necessity will be served by the granting of such application. |
|
BASS V. BD. OF COUNTY COMMISSIONERS (7/9/2001, NO. 99-10579) Is vacated. A number of positions were eliminated. One of which was held by Michael Bass. Bass received a layoff notice in September 1995.
|
|
OPINION/ORDER With him on the briefs were . Argued the cause for respondents. With him on the brief were Daniel M. Mikula were on the brief for intervenors Minority Media and Telecommunications Council. Campbell was on the brief for intervenor Nation al Organization for Women. Hunnicutt were on the brief for amici curiae Radio One. Whitehouse were on the brief for amici curiae The Leadership Conference on Civil Rights and National Council of the Churches of Christ. Andrew J. Curran and Eduardo Pena were on the brief for amicus curiae Congressional Black Caucus. . We hold first that the Broadcasters fail to substantiate their claim that the rule is arbitrary and capricious. Thus creating a race based classification that is not narrowly tailored to sup port a compelling governmental interest and is therefore unconstitutional. Because we find that the unconstitutional portion of the rule is not severable. |
|
OPINION/ORDER Schurr alleged that race was the determining factor in Resorts' decision not to offer him a job which was ultimately filled by an equally well qualified minority candidate. Has been substituted for Smith. 2 Fourteenth Amendment rights were violated by the Commission's regulations establishing minority employment goals. Schurr also alleged that Resorts' affirmative action plan as drafted and applied was invalid. Because we are convinced that the District Court erred in granting summary judgment in favor of the defendants on Schurr's Title VII and other statutory claims. We will reverse that portion of the District Court's Order and remand the matter for further proceedings. We will affirm the grant of summary judgment in favor of the Chairman on standing grounds. Minorities and persons with disabilities are recruited and employed at all levels of the operation's work force and treated during employment without regard to their gender. Equal opportunity efforts are to be undertaken in all employment practices including promotion. |
|
BASS V. BD. OF COUNTY COMMISSIONERS (7/9/2001, NO. 99-10579) Is vacated. A number of positions were eliminated. One of which was held by Michael Bass. Bass received a layoff notice in September 1995.
|
|
OPINION/ORDER |
|
OPINION/ORDER We will refer to the student plaintiffs individually. Plaintiffs allege that they are entitled to damages under California Civil Code § 52 (the |
|
OPINION/ORDER |
 |
LUTHERAN CHCH MO V. FCC Schaerr were on the briefs.
Daniel M. Were on the brief. Robert B. Honig was on the brief for intervenors Missouri State Conference of Branches of the NAACP. Was on the brief for the United States as amicus curiae.
Michael E. Rosman was on the brief for amici curiae Center for Individual Rights and National Religious Broad casters. Michael P. May were on the brief for amicus curiae American Center for Law and Justice.
Before: Silberman. Both stations
are housed on the campus of the Church's Concordia Semi nary and. |
|
ALLEN V. ALABAMA STATE BD. OF EDUC. (1/11/1999, NO. 97-6808) The Board argues that the district court should have vacated the consent decree because (1) it has fully complied with it. This Court ultimately held that the consent decree was enforceable. Allen v. The consent decree was finally approved and entered on May 14. Specifically forbade the use of any teacher certification examination that would have a discriminatory impact on African Americans unless that exam had been validated for teacher certification. To follow what is known as the |
|
OPINION/ORDER Schaerr were on the briefs. Were on the brief. Honig was on the brief for intervenors Missouri State Conference of Branches of the NAACP. Was on the brief for the United States as amicus curiae. Rosman was on the brief for amici curiae Center for Individual Rights and National Religious Broad casters. May were on the brief for amicus curiae American Center for Law and Justice. Both stations are housed on the campus of the Church's Concordia Semi nary and. |
|
ALLEN V. ALABAMA STATE BD. OF EDUC. (1/11/1999, NO. 97-6808) The Board argues that the district court should have vacated the consent decree because (1) it has fully complied with it. This Court ultimately held that the consent decree was enforceable. Allen v. The consent decree was finally approved and entered on May 14. Specifically forbade the use of any teacher certification examination that would have a discriminatory impact on African Americans unless that exam had been validated for teacher certification. To follow what is known as the |
|
OPINION/ORDER The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse Honorable Harlington Wood. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer.1 All three Plaintiffs had recently been denied admission to UGA. Therefore were. Johnson was offered admission to UGA after filing this lawsuit. They alleged that UGA's use of gender violated Equal Protection and Title IX.2 Named as Defendants were the Board of Regents of the University System of Georgia. |
|
JOHNSON V. BD. OF REGENTS OF THE UNIV. OF GEORGIA (8/27/2001, NO. 00-14340) The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse student body. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer. |
|
JOHNSON V. BD. OF REGENTS OF THE UNIV. OF GEORGIA (8/27/2001, NO. 00-14340) The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. The University's freshman admissions policy does not unlawfully discriminate on the basis of race because the policy is narrowly tailored to serve a compelling interest in ensuring a diverse student body. Student body diversity is not a compelling interest sufficient to withstand the strict scrutiny that courts must apply to government decision making based on race. Because even assuming that student body diversity is a compelling interest. The University's 1999 freshman admissions policy is not narrowly tailored to achieve this interest. Plaintiff Jennifer Johnson's complaint was filed separately. Eventually was consolidated with the complaint of Plaintiffs Aimee Bogrow and Molly Ann Beckenhauer. |
|
BASS V. BD. OF COUNTY COMMISSIONERS (2/21/2001, NO. 99-10579) A number of positions were eliminated. One of which was held by Michael Bass. Bass received a layoff notice in September 1995.
|
|
BASS V. BD. OF COUNTY COMMISSIONERS (2/21/2001, NO. 99-10579) A number of positions were eliminated. One of which was held by Michael Bass. Bass received a layoff notice in September 1995.
|
|
OPINION/ORDER As follows: On page 3 the list of amici curiae is corrected to read |
|
OPINION/ORDER |
|
OPINION/ORDER Chicago developed the 1986 exam for lieutenant (a position open to firefighters and engineers) with care to ensure that it was both non discriminatory and a valid test of skills. Yet although 29% of those who took the exam were either black or Hispanic. Only 12% of those who received the highest 300 scores were in these groups. Only if the exam were valid for rank order use that is. If someone who scores higher on the test is bound to perform better than the person next in line. Which is to say that a person who scored 80 and took a similar test again could score as high as 83.5 or as low as 76.5 without implying that his skills and probability of success in the higher position had changed. This process meant that the promotion of some white candidates was delayed. Others were not promoted even though minority candidates with lower scores became lieutenants. The jury's (and thus the judge's) finding that the 1986 exam was valid is clearly erroneous. Even if the plaintiffs' expert undermined the conclusion that the standard error of measurement is 3.5. |
|
OPINION/ORDER We have jurisdiction to determine whether the regulations are unconstitutional. There is no universally recognized legal definition of the phrase. The significance of the question is immediately apparent from the text of the Indian Commerce Clause of the United 15208 KAHAWAIOLAA v. Much of the theory that underpins Indian law is that the Indian tribes possessed certain sovereign rights based on their existence as distinct political entities exercising authority over their members prior to the incorporation of their territory into the United States. As far as the federal government is concerned. Which was intended in part to permit the tribes to set up legal structures designed to aid in self government. A group would need to adopt an appropriate conThis is not to say. The organization was required to be approved by the Secretary of the Department of Interior. Ninety nine tribes were organized. Nintey six were excluded. Acknowledgment under these regulations is a prerequisite for certain federal services and benefits. |
|
OPINION/ORDER Circuit Judge: In this case we are called on. Plaintiffs in this case are citizens of the State of Hawaii who allege that various state programs preferentially treat persons of Hawaiian ancestry. Which this opinion will address. We are issuing a complete opinion in support of our judgment following remand from the Supreme Court. We hold that Plaintiffs lack standing to sue the federal government and that the district court therefore correctly dismissed all claims to which the United States is a named party or an indispensable party. We reverse the district court's finding that Plaintiffs have demonstrated standing as state taxpayers to challenge those programs that are funded by state tax revenue and for which the United States is not an indispensable party. Lack standing to bring a suit claiming that the OHA programs that are funded by state tax revenue violate the Equal Protection Clause of the Fourteenth Amendment. Although it is not clear that any Plaintiffs have standing in any other capacity to challenge the OHA programs. |
|
OPINION/ORDER Circuit Judge: In this case we are called on. Plaintiffs in this case are citizens of the State of Hawaii who allege that various state programs preferentially treat persons of Hawaiian ancestry. Which this opinion will address. We hold that Plaintiffs lack standing to sue the federal government and that the district court therefore correctly dismissed all claims to which the United States is a named party or an indispensable party. We affirm the district court in finding that Plaintiffs have demonstrated standing as state taxpayers to challenge those state programs that are funded by state tax revenue and for ARAKAKI v. LINGLE 11861 which the United States is not an indispensable party. Plaintiffs therefore have standing to bring a suit claiming that the OHA programs that are funded by state tax revenue violate the Equal Protection Clause of the Fourteenth Amendment. Provided that the Republic of Hawaii ceded all public lands to the United States and that revenues from the lands were to be |
|
OPINION/ORDER We agree that the ordinance is constitutional and affirm the judgment of the district court. Minors may participate in any activity during curfew hours if they are accompanied by a parent. The ordinance exempts minors who are engaged in interstate travel. Are on the sidewalk abutting their parents' residence. Or are involved in an emergency. The ordinance does not affect minors who are |
|
OPINION/ORDER OPINION PER CURIAM: This case was argued before the en banc Court on February 27. (2) holding that the establishment of a magnet schools program was an ultra vires. King and Gregory in the affirmative) attorneys' fees for work done on the unitary status issue are denied. Nominal damages and attorneys' fees in that regard are denied. The injunction is vacated. The imposition of sanctions is affirmed. The judgment of the district court is therefore affirmed on the finding of unitary status and the imposition of sanctions. The judgment of the district court vacating and dissolving all prior injunctive orders and decrees is affirmed. The Board is to operate the school system without the strictures of these decrees no later than the 2002 2003 school year. Circuit Judge: This case is hopefully the final chapter in the saga of federal court control over the Charlotte Mecklenburg Schools ( |
|
OPINION/ORDER OPINION PER CURIAM:1 The question before this Court is whether an oversubscribed public school may use a weighted lottery in admissions to promote racial and ethnic diversity in its student body. The current appeal is the latest chapter in the history of this Court's involvement in the Arlington County. Virginia public school system. 1 The opinion in this case was prepared by Judge Ervin. Who died before it was filed. The opinion is accordingly filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d). 3 Our earlier involvement concerned the desegregation of the Arlington County school system.2 This preceding chapter was brought to a close in Hart v. Whose goal was not to remedy past discrimination. Since the Supreme Court has not resolved the question of whether diversity is a compelling governmental interest. We assume without deciding that diversity may be a compelling interest and find that the Policy was not sufficiently narrowly tailored to pass constitutional muster. Although we affirm the district court's holding that the Policy was unconstitutional. |
|
OPINION/ORDER |
|
OPINION/ORDER The question in this case is whether the Illinois Department of Transportation violated the United States Constitution in administering a program designed to increase the participation of socially and economically disadvantaged individuals in Illinois highway construction subcontracting. Arguing that the State's 2 No. 05 3981 disadvantaged business enterprise program is not narrowly tailored to further a compelling governmental interest. Inc. ( |
|
OPINION/ORDER We describe the facts less expansively as the issues before us are narrower. Williams and Reaves are black men who served as police officers employed by the Fayetteville. It appears that there have been racial problems within the Fayetteville police department for in 1974 Fayetteville settled a discrimination action brought against it by agreeing to increase the opportunities of black officers for better trainPlaintiffs also made other section 1983 claims as well as claims under Title VII of the Civil Rights Act of 1964. State law that are not before us on this appeal. 1 4 WILLIAMS v. The parties to that litigation memorialized their settlement in a consent decree that still was in effect at the time of the events leading directly to this action. Was terminated in 1997. Was to interview any black officer who had perceived discrimination so that the complaints could be investigated. Williams and Reaves charge that the subsequent investigation of the reports of discrimination was nothing more than an effort to discredit the officers who had complained of discrimination and an attempt to determine the membership in a group of black officers called Officers for Equity that opposed racial discrimination in the police department.2 Hansen. |
|
01-1053 -- GONZALES V. CITY OF CASTLE ROCK -- 10/15/2002 Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers |
|
OPINION/ORDER The mandate is issued forthwith. Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers |
|
OPINION/ORDER Were on brief. Were on brief. |
|
97-4042 -- CACHE VALLEY ELECTRIC CO. V. STATE OF UTAH DEPT. OF TRANSPORTATION -- 07/07/1998 UDOT is required to maintain an approved DBE program. See 49 C.F.R. |
 |
CITIZENS CONCERNED ABOUT OUR CHILDREN V. SCH. BD. OF BROWARD COUNTY (10/28/1999, NO. 97-5078) That Shaq and Doe's interlocutory appeal (which is joined with CCC's) is meritless. Was only partially correct. |
|
CITIZENS CONCERNED ABOUT OUR CHILDREN V. SCH. BD. OF BROWARD COUNTY (10/28/1999, NO. 97-5078) That Shaq and Doe's interlocutory appeal (which is joined with CCC's) is meritless. Was only partially correct. |
|
OPINION/ORDER That Shaq and Doe's interlocutory appeal (which is joined with CCC's) is meritless. Was only partially correct. Black plaintiffs have accused the Broward County Schools of impermissibly race conscious policies. The practical application of this policy was busing students (as it 3 turned out far more black than white) to schools outside their neighborhoods. Were special curricula designed to attract white students to mostly black schools. Was denied entry to a magnet program in a majority black school for a month at the beginning of a school year. The two individual plaintiffs were joined by CCC. Which the complaint describes as |
|
OPINION/ORDER That Shaq and Doe's interlocutory appeal (which is joined with CCC's) is meritless. Was only partially correct. Black plaintiffs have accused the Broward County Schools of impermissibly race conscious policies. The practical application of this policy was busing students (as it turned out far more black than white) to schools outside their neighborhoods. Were special curricula designed to attract white students to mostly black schools. Was denied entry to a magnet program in a majority black school for a month at the beginning of a school year. The two individual plaintiffs were joined by CCC. Which the complaint describes as |
|
OPINION/ORDER Line 3 the district court number is corrected to read |
|
OPINION/ORDER Line 3 |
|
WILLIAMS V. PRYOR (1/31/2001, NO. 99-10798) Is withdrawn. The following opinion is substituted in its place. The petition for rehearing filed by Appellees is otherwise DENIED.
|
|
OPINION/ORDER The Rehabilitation Services for the Blind (RSB) is a Missouri state agency which receives federal funding and which developed a policy prohibiting its employees from distributing literature or discussing services offered by consumer groups such as the National Federation of the Blind (NFB) and its local affiliate. I. RSB is a vocational rehabilitation agency serving blind Missourians. It is administered by the Missouri Division of Family Services and receives funding under the Rehabilitation Act. United States District Judge for the Eastern District of Missouri. 2 1 Denise Cross is the Director of the Division of Family Services of the State of Missouri and in this capacity supervises the RSB. Howard is the Deputy Director and Supervisor of RSB and is responsible for managing the agency's seven district offices throughout Missouri. NFB and NFB Mo are not for profit membership organizations which aim to promote integration of the blind into society on equal terms with the sighted. Their aggressive advocacy and support programs are built on the philosophy that blindness is a characteristic. |
|
WILLIAMS V. PRYOR (10/12/2000, NO. 99-10798) The district court declined to hold the statute violated any constitutional right but determined the statute was unconstitutional because it lacked a rational basis. BACKGROUND
|
|
WILLIAMS V. PRYOR (1/31/2001, NO. 99-10798) Is withdrawn. The following opinion is substituted in its place. The petition for rehearing filed by Appellees is otherwise DENIED.
|
|
WILLIAMS V. PRYOR (10/12/2000, NO. 99-10798) The district court declined to hold the statute violated any constitutional right but determined the statute was unconstitutional because it lacked a rational basis. BACKGROUND
|
|
OPINION/ORDER He was denied entry. The Kamehameha Schools were created through a charitable testamentary trust. Plaintiff argues that he was denied admission because of his race in violation of 42 U.S.C. § 1981. Factual Background Historical Context2 The islands of Hawaii are geographically isolated in the South Pacific Ocean and were originally settled sometime between 1 and 750 A.D. The immediate result of that first encounter was that Native Hawaiians were introduced to Western goods and Western diseases. The first treaty was signed in 1826. Additional treaties were signed in 1849. Was commercially desirable. Western economic domination of the Hawaiian Islands was followed by an interest in establishing political control. Was overthrown by a small group of nonHawaiians. Who were assisted in their efforts by the United States Minister. Laws were then enacted suppressing the Hawaiian culture and language and allowing for the displacement of Native Hawaiians from their lands. The Hawaiian language was banned as a medium of instruction in schools. |
|
OPINION/ORDER Tracie Park is a member of a group known as the |
|
96-2121 -- BUCHWALD V. UNIVERSITY OF NEW MEXICO SCHOOL OF MEDICINE -- 10/20/1998 It will favor long term residents over short term residents in its admissions process. Were not entitled to qualified immunity. The questions before us on appeal are: (1) does Ms. Buchwald have standing to seek the injunction entered by the district court in its second order. (2) did the district court err in finding that no defendants are entitled to Eleventh Amendment immunity. (3) did the district court err in finding that Klepper and Atencio are not entitled to qualified immunity in their individual capacities? We reverse in part and affirm in part.
|
|
OPINION/ORDER The district court declined to hold the statute violated any constitutional right but determined the statute was unconstitutional because it lacked a rational basis. I. BACKGROUND The case was tried by the district court from the parties' extensive stipulated facts. Code § 13A 12 200.2(a)(1) (Supp. 1998)).2 A first 2 We adopt the district court's usage of the shorthand term |
|
OPINION/ORDER That is. DISCUSSION Leave to proceed IFP is. The general rule is that initiating parties must prepay a filing fee. By a person who makes affidavit that he is unable to pay such costs or give security thereof. The same is generally true of the Supreme Court. 385 (5th Cir.1996) ( |
|
OPINION/ORDER With him on the briefs were James F. With him on the brief were Patricia Mack Bryan. It alleges that the challenged Senate rules have slowed the confirmation process and thus the filling of judicial vacancies. We will focus on it. The court concluded that Judicial Watch's interest in speed of litigation either was not protected by the provisions that Judicial Watch cited (namely. Or at any rate was not protected by those provisions in such a way that the delays Judicial Watch claimed amounted to invasion of any |
|
OPINION/ORDER The district court declined to hold the statute violated any constitutional right but determined the statute was unconstitutional because it lacked a rational basis. I. BACKGROUND The case was tried by the district court from the parties' extensive stipulated facts. Id. at 1259 (quoting Ala.Code § 13A 12 200.2(a)(1) (Supp.1998)).1 A first violation is a misdemeanor punishable by a maximum fine of $10. We adopt the district court's usage of the shorthand term |
|
OPINION/ORDER Is withdrawn. The following opinion is substituted in its place. The petition for rehearing filed by Appellees is otherwise DENIED. The district court declined to hold the statute violated any constitutional right but determined the statute was unconstitutional because it lacked a rational basis. I. BACKGROUND The case was tried by the district court from the parties' extensive stipulated facts. Id. at 1259 (quoting Ala.Code § 13A 12 200.2(a)(1) (Supp.1998)).1 A first violation is a misdemeanor punishable by a maximum fine of $10. A subsequent violation is a class C felony. The plaintiffs appellees are vendors or users of sexual devices. The facts also describe a number of other sexual products the distribution of which is not prohibited by the statute. ANALYSIS Whether a statute is constitutional is determined in large part by the level of scrutiny applied by the courts. Are subject to strict scrutiny. Most statutes reviewed under the very stringent strict scrutiny standard are found to be unconstitutional. |
|
OPINION/ORDER Is withdrawn. The following opinion is substituted in its place. The petition for rehearing filed by Appellees is otherwise DENIED. The district court declined to hold the statute violated any constitutional right but determined the statute was unconstitutional because it lacked a rational basis. I. BACKGROUND The case was tried by the district court from the parties' extensive stipulated facts. Code § 13A 12 200.2(a)(1) (Supp. 1998)).1 A first violation is a misdemeanor punishable by a maximum fine of $10. A subsequent violation is a class C felony. The plaintiffs appellees are vendors or users of sexual devices. The facts also describe a number of other sexual products the distribution of which is not prohibited by the statute. ANALYSIS Whether a statute is constitutional is determined in large part by the level of scrutiny applied by the courts. Are subject to strict scrutiny. Most statutes reviewed under the very stringent strict scrutiny standard are found to be unconstitutional. 2275 n.6 (1995) ( |
|
RIVERA V. ALLIN (6/23/1998, NO. 97-2868) That is. DISCUSSION Leave to proceed IFP is. The general rule is that initiating parties must prepay a filing fee. See 28 U.S.C.A. § 1914(a) (West Supp.1998). By a person who makes affidavit that he is unable to pay such costs or give security thereof. 28 U.S.C. § 1915(a) (1994). On April 26. 385 (5th Cir.1996) ( |
|
RIVERA V. ALLIN (6/23/1998, NO. 97-2868) That is. DISCUSSION Leave to proceed IFP is. The general rule is that initiating parties must prepay a filing fee. See 28 U.S.C.A. § 1914(a) (West Supp.1998). By a person who makes affidavit that he is unable to pay such costs or give security thereof. 28 U.S.C. § 1915(a) (1994). On April 26. 385 (5th Cir.1996) ( |
|
OPINION/ORDER Because we find that Suhre does have standing as a citizen to press his Establishment Clause claim. I. At the heart of this lawsuit is a display located in the main courtroom of Haywood County's Courthouse. On the wall behind the judge's bench is a marble and plaster bas relief representation of Lady Justice blindfolded and holding scales and a sword. She is flanked by two marble tablets containing an abridged version of the Ten Commandments. The courtroom containing the Ten Commandments display is used by both the County's Superior and District courts. A civil suit Suhre filed against the County was dismissed in a proceeding he attended in the Ten Commandments courtroom. Suhre was twice convicted of misdemeanor telephone harassment in this courtroom. Suhre asserts that the courtroom is |
|
OPINION/ORDER The plaintiffs are African American and Caucasian voters residing in Hamilton. (2) the use of error prone voting equipment deprives voters of their due process right to have their votes counted accurately. Some commentators have suggested that these types of voting rights challenges are taking us into a brave new world. Others suggest that they are simply variations of old challenges. Code § 3506.15.1 The Secretary has certified two general types of equipment: (1) |
|
LUTHERAN CHCH MO V. FCC Circuit Judge: The Federal Communications Commission (FCC) and the government have filed a joint petition for rehearing. The Commission offers three arguments to support its contention that our opinion unnecessarily and erroneously decided the Church's equal protection claim: that we should have granted its motion to remand without deciding the case. That if we had proceeded we were obliged to decide the Religious Freedom Restoration Act (RFRA) or free exercise claim before reaching the Church's equal protection argument. That we should not have applied strict scrutiny as the standard by which the Commission's Equal Employment Opportunity (EEO) rules should be judged under the Equal Protection Clause. The motion was based on a |
|
OPINION/ORDER Tribune is in violation of the FCC's newspaper/broadcast cross ownership rule. After the last temporary waiver had expired and while Tribune's application for the permanent waiver was pending. Although we are sympathetic to Ellis's frustration in the face of agency inaction. That the same entity may own or control two television stations in the same market so long as: (i) at the time the application is filed. At least one of the stations is not ranked among the top four stations in audience rankings in the DMA. (Transferor) & Tribune Television Co. 3 1 2 3 4 5 6 7 8 9 10 11 November 16 application sought a waiver of the television duopoly rule.2 While Tribune's application was pending. Although WTXX is not ranked among the top four stations in the Hartford New Haven DMA. Eight independently owned and operated television stations would not have remained in this DMA after Tribune's proposed acquisition. Operates or controls a daily newspaper and the grant of such license will result in: . . . (3) The Grade A contour of a TV station. |
|
OPINION/ORDER Circuit Judge: The Federal Communications Commission (FCC) and the government have filed a joint petition for rehearing. The Commission offers three arguments to support its contention that our opinion unnecessarily and erroneously decided the Church's equal protection claim: that we should have granted its motion to remand without deciding the case. That if we had proceeded we were obliged to decide the Religious Freedom Restoration Act (RFRA) or free exercise claim before reaching the Church's equal protection argument. That we should not have applied strict scrutiny as the standard by which the Commission's Equal Employment Opportunity (EEO) rules should be judged under the Equal Protection Clause. The motion was based on a |
|
UNITED STATES V. ALLEN-BROWN (3/9/2001, NO. 99-13688) Does not apply in this case or that it was applied in an erroneous manner by the trial court. Who was black. Who was white. Ten were white. Uncalled in the venire were ten white and eight black prospective jurors. R58 at 53 57.
|
|
OPINION/ORDER P.C. was on brief. Were on brief. |
|
OPINION/ORDER The statutes governing Breyer's claim to citizenship are S 1993 of the Revised Statutes of 1874 and a 1994 amendment to the Immigration and Naturalization Act ( |
|
UNITED STATES V. ALLEN-BROWN (3/9/2001, NO. 99-13688) Does not apply in this case or that it was applied in an erroneous manner by the trial court. Who was black. Who was white. Ten were white. Uncalled in the venire were ten white and eight black prospective jurors. R58 at 53 57.
|
|
OPINION/ORDER Hoch were on brief. Were on brief. Were on brief. The program is the product of a consent decree entered in 1973. |
|
OPINION/ORDER Lara was decided April 19. The United States was entitled to intervene. Circuit Judge: This case concerns whether an Indian tribe can exercise criminal jurisdiction over a person who is not a member of the tribe. Who is an enrolled member of another Indian tribe. NAVAJO NATION 11195 Facts This is an appeal from a denial of a petition for a writ of habeas corpus. Who is an Omaha Indian. The offenses are misdemeanors under the Navajo Code. He argued that because he was not a Navajo. Means testified that he is a member of the Oglala Sioux Tribe of Indians. Means lived on the Navajo Indian Reservation from 1987 to 1997 when he was married to a woman who was a half Navajo. The alleged offenses occurred later when Means was visiting the Navajo reservation. Means testified that the difference between an OglalaSioux and a Navajo is as different as an American and a French person. § 316. 3 Membership in the Navajo Nation is conditioned upon no less than one fourth degree of Navajo blood. The Navajo Supreme Court decision says that while there are preferences for Navajos in employment and contracting. |
|
OPINION/ORDER Lara was decided April 19. The United States was entitled to intervene. Is withdrawn. An opinion is filed contemporaneously with this order. The petitions for rehearing and rehearing en banc are denied as moot. Circuit Judge: This case concerns whether an Indian tribe can exercise criminal jurisdiction over a person who is not a member of the tribe. Who is an enrolled member of another Indian tribe. Facts This is an appeal from a denial of a petition for a writ of habeas corpus. Who is an Omaha Indian. The offenses are misdemeanors under the Navajo Code. He argued that the tribal court had no jurisdiction over him because he was not a Navajo. Means testified that he is an enrolled member of the Oglala Sioux Tribe of Indians and a permanent resident of Porcupine. Means lived on the Navajo Indian Reservation from 1987 to 1997 when he was married to a woman who was a half Navajo. The alleged offenses occurred later when Means was visiting the Navajo reservation. Means testified that the difference between an OglalaSioux and a Navajo is analogous to the difference in nationalities between an American and a French person. |
|
UNITED STATES AIR TOUR ASSOCIATION V. FAA Et al. |
|
OPINION/ORDER With them on the briefs was William Perry Pendley. With him on the briefs were Michael L. With him on the brief was Ellen J. Robert Wiygul were on the brief of intervenors Grand Canyon Trust. I The history of regulation of aircraft overflights at Grand Canyon National Park is set out in Grand Canyon Air Tour Coalition v. Section 3 of the Act declared that |
|
OPINION/ORDER The primary issue for decision is whether we should overrule the holding of Gibbs v. The prisoner has br ought a federal action or appeal that was dismissed on the gr ounds that it was frivolous. Unless the prisoner |
|
OPINION/ORDER She appeals the limitation of her damages pursuant to 42 U.S.C. § 1981a and asserts that the statute is unconstitutional.1 We affirm. BACKGROUND After she was terminated from Hi Health. Lansdale claims that the statutory limitation is unconstitutional and. DISCUSSION Lansdale's argument that Congress violated the United States Constitution when it placed a damage cap on Title VII recoveries is presented with great vigor. No future looking damages or punitive damages whatsoever were available to those who asserted Title VII claims. Regardless of whether those claims were based upon race. Damages were available in actions under 42 U.S.C. § 1981 for those who could show that they were denied rights |
 |
00-8006 -- WHITLOCK CONSTRUCTION INC. V. GLICKMAN -- 03/29/2001 The case is therefore ordered submitted without oral argument. Plaintiff Whitlock Construction. We dismiss this appeal. Plaintiff is a construction company which bids often on public utility works projects. The project was being funded by loans and grants from the Rural Utility Service (RUS). Which is an agency of the Department of Agriculture. The lowest bidder was Larry's. The Board determined that the bid by Larry's was deficient in several respects and decided to award the contract to plaintiff. Who was the second lowest bidder. Because the Board had not provided sufficient justification to show that Larry's was not a responsible bidder. Seeking a declaration that the RUS' actions were illegal and an abuse of discretion. Defendant's attorney raised for the first time the question of whether plaintiff's injury was redressable in light of the completion of Phase II of the water project. That it was in the public interest to resolve the issue of the RUS' authority. Id. at 680 82. Arguing it was not given an opportunity to submit such evidence to the district court. |
|
NAT'L PARKS CONSERVATION ASS'N V. NORTON (3/18/2003, NO. 02-10555) Accordingly the National Park Service ( |
|
OPINION/ORDER Presiding *The Honorable Arnold Schwarzenegger is substituted for his predecessor. Circuit Judge: Plaintiffs are California card clubs and charities that are prohibited under California state law from offering casinostyle gaming. |
|
OPINION/ORDER We consider whether an alien's right to equal protection is violated if. The Immigration and Naturalization Service ( |
|
OPINION/ORDER We consider whether an alien's right to equal protection is violated if. The Immigration and Naturalization Service ( |
|
OPINION/ORDER Is substituted for his predecessor. Was injured on the job in 1986. Ball was also an alcoholic. Ball's SSI claim was approved. Was denied at the initial and reconsideration levels. The ALJ determined that additional medical information was needed and arranged for a consultative psychological evaluation. The evaluation was conducted by Charles Regets. Ball was also evaluated by the Eugenia Center on October 11. The amendment provides: |
|
OPINION/ORDER Because the District court need not have determined the constitutionality of section 50 2 on its face. |
|
OPINION/ORDER Rapid Test Products contends in this suit under 42 U.S.C. §1981 that Durham School Services has discriminated against it because Rapid Test's owner is a black woman. The contract was subject to a set aside reserving some subcontracts for disadvantaged business enterprises. The district judge's opinion is persuasive on this subject. If the district judge were wrong about this. Arguments that a particular set aside program is a lawful remedy for prior discrimination may or may not prevail if a potential subcontractor claims to have been excluded. It is to victims of discrimination rather than frustrated beneficiaries that §1981 assigns the right to litigate. If Durham engaged in racial discrimination when No. 05 4066 3 choosing an Asian American man over an African American woman then Rapid Test would have a good claim independent of any effort to use §1981 to enforce set aside programs. Such a claim cannot be negated by the lack of an enforceable contract: if race or sex discrimination is the reason why Durham did not award a subcontract to Rapid Test. |
|
OPINION/ORDER |
|
OPINION/ORDER Is constitutional as enacted by the Florida legislature and as subsequently enforced. Florida courts have defined the term |
|
NAT'L PARKS CONSERVATION ASS'N V. NORTON (3/18/2003, NO. 02-10555) Accordingly the National Park Service ( |
|
OPINION/ORDER Is substituted for his predecessor. Was injured on the job in 1986. Ball was also an alcoholic. Ball's SSI claim was approved. Was denied at the initial and reconsideration levels. The ALJ determined that additional medical information was needed and arranged for a consultative psychological evaluation. The evaluation was conducted by Charles Regets. Ball was also evaluated by the Eugenia Center on October 11. The amendment provides: |
|
OPINION/ORDER Or other correctional facility until such administrative remedies as are available are exhausted. |
|
OPINION/ORDER Lamond with whom McDonald & Associates was on brief for appellants. Lawyers Committee for Civil Rights Under Law of the Boston Bar Association were on brief for intervenor. With whom Boston Police Department Legal Advisor's office was on brief for City of Boston. Was on brief for appellee. This is an appeal from the district court's granting of summary judgment in favor of Defendants City of Boston. The BPD believed that promoting Ruiz was necessary to avoid violating an amended 1980 federal court consent decree. That the promotion was narrowly tailored to meet that goal. Officers who pass the exam are placed on an |
|
OPINION/ORDER 1 are four white lieutenants in the fire department who were passed over for promotion as a result of Chief Alfred's decision not to create the new positions. Asserting that Chief Alfred is entitled to qualified immunity.2 As we find that Chief Alfred is entitled to qualified 1 Sauls died on August 7. His estate was substituted as a party in this action. Although this appeal was brought by the defendants as evinced by their Notice of Appeal. Was appointed by Mayor John Delaney to his current position as the director and chief of the fire department in Jacksonville. Chief Alfred was appointed because the fire department had a history of racism and nepotism and Mayor Delaney wanted to bring someone in from outside of the department to ensure that the department would be run in a race neutral manner. There was no affirmative action plan in place. Chief in the rescue division is limited to For purposes of this appeal of the district court's denial of qualified immunity to Chief Alfred on summary judgment. The facts are construed |
|
ENG'G CONTRACTORS ASS'N OF SOUTH FLORIDA V. METRO. DADE COUNTY This document was created from RTF source by rtftohtml version 2.7.5 > |