NG, CM, and AC were all involuntarily detained under the Washington involuntary treatment act (ITA). NG and CM were confined at Western State Hospital for more than a month after the court orders authorizing their continued civil commitments expired. Even after hospital staff realized the court orders had expired, they continued to hold NG and CM. Staff summoned designated crisis responders to initiate “new” ITA proceedings. AC was detained under a valid court order but was involuntarily medicated at an evaluation and treatment center before a court hearing despite asserting her statutory right to not be. The trial judge continued the hearing for a day to allow AC to appear un- medicated. The Washington Supreme Court held that when the State totally disregards the requirements of the ITA by holding someone despite lacking the authority under the ITA to do so, the ITA petition shall be dismissed. "Beginning 'new' ITA proceedings while someone is being held without authority of law is not an acceptable remedy." In NG’s and CM’s cases, the Court concluded the requirements of the ITA were totally disregarded and therefore reversed the Court of Appeals and remanded to the trial courts for dismissal. In AC’s case, the Court concluded the requirements of the ITA were not totally disregarded and that she was not held without authority of law. In that case, the Court affirmed the courts below. View "In re Det. of A.C." on Justia Law

The Supreme Court affirmed the order of the Ohio Power Siting Board authorizing Firelands Wind, LLC to construct, operate, and maintain a wind farm in Huron and Erie Counties, holding that the nineteen nearby residents and the Black Swamp Bird Observatory that brought this appeal (collectively, Appellants) have not established that the Board's order was unlawful or unreasonable.On appeal, Appellants challenged the Board's determination that the wind farm satisfies the statutory requirements for constructing a major utility facility, asserting, among other things, that the project could kill birds and create excessive noise for residents near the wind farm and that the Board improperly failed to follow its administrative rules. The Supreme Court affirmed, holding that the Board's order was neither unlawful nor unreasonable. View "In re Application of Firelands Wind, L.L.C." on Justia Law

Two freelance journalists, Spencer Woodman and George Joseph, brought separate actions at the Michigan Court of Claims against the Michigan Department of Corrections (the MDOC), arguing that the MDOC wrongfully denied their requests under Michigan’s Freedom of Information Act (FOIA). Plaintiffs sought video and audio recordings of a prisoner altercation that resulted in the death of inmate Dustin Szot. The MDOC denied their FOIA requests, claiming the records were exempt from disclosure. Plaintiffs and the MDOC both moved for summary judgment. The Court of Claims ordered the MDOC to disclose the audio recording to plaintiffs and to produce the videos for an in camera review. The trial court permitted the MDOC to submit the videos in a format that obscured the faces of the employees and prisoners in the videos to protect those individuals. However, the MDOC provided the unredacted videos for in camera review. The Court of Claims ultimately ordered the MDOC to disclose the unredacted videos to plaintiffs. The MDOC moved for reconsideration, arguing that it did not need to disclose the videos or, alternatively, that it should have been allowed to redact the videos by blurring the faces of the individuals in the videos. The Court of Claims denied the motion but nevertheless permitted the MDOC to make the requested redactions and permitted plaintiffs’ counsel to view both the redacted and unredacted videos. Plaintiffs challenged the trial court’s reduced amount of attorney fees and the denial of punitive damages. The MDOC cross-appealed, challenging only the trial court’s determination that plaintiffs prevailed in full and thus were entitled to attorney fees under FOIA. The Michigan Supreme Court determined plaintiffs prevailed under MCL 15.240(6) because the action was reasonably necessary to compel the disclosure of the records and because plaintiffs obtained everything they initially sought; accordingly, the court was required to award reasonable attorney fees. Furthermore, pro bono representation was not an appropriate factor to consider in determining the reasonableness of attorney fees; accordingly, the Court of Claims abused its discretion by reducing the attorney-fee award to plaintiffs' law firm on the basis of the firm's pro bono representation of plaintiffs. View "Woodman v. Department Of Corrections" on Justia Law

Plaintiff, an Air Force veteran, appeals from a decision of the Physical Disability Board of Review (“Board”) declining to increase his disability rating, which would entitle him to greater benefits. The district court rejected Plaintiff’s arguments that the Board was required to conduct a physical examination before making its decision and that its decision was arbitrary and capricious.   The Fourth Circuit affirmed. The court wrote that by arguing that he could not be taken off the List or have his temporary 50% rating lowered until the Air Force conducted a physical examination—an examination that necessarily could not occur until years after his retroactive placement on the List—Plaintiff pushes for an interpretation that would effectively grant a retroactive 50% rating for years to all individuals whose disabilities are reviewed by the Board and fall under Section 4.129. But that defies the purpose of the Board: to ensure accurate disability determinations at the time of a member’s discharge, “based on the records of the armed force concerned and such other evidence as may be presented to the” Board. The court, therefore, rejected Plaintiff’s argument that the Board was required to order a new physical examination before making its determination. Ultimately, the court concluded that its decision was supported by substantial evidence, with a “rational connection between the facts found and the choice made.” View "Blair Coleman v. Frank Kendall" on Justia Law

An Illinois state agency oversees Metra, a railroad with passenger service over lines radiating from Chicago. For three lines, Metra owns the rolling stock, while Union Pacific supplies the track, the workforce, and ticket sales. Ticket revenue goes to Metra, which pays UP for its services. UP notified Metra that it would discontinue its services. Metra replied that UP cannot drop the service unless relieved of its obligations by the Surface Transportation Board. Metra argued that UP is locked into its relationship with Metra because the 1995 ICC Termination Act repealed 49 U.S.C. 10908, 10909, the only statutes giving the Board authority over the discontinuation of passenger service. UP argued that the repeal deregulated passenger rail service so that railroads can end passenger service when business considerations dictate. Federal law requires the Board’s permission to abandon all service over a line of track but UP will continue freight service; the lines will not be abandoned.The district court declined to defer to the Board’s primary jurisdiction because the dispute does not require any findings of fact by an agency. The Board agreed. The Seventh Circuit affirmed in favor of UP. The controlling contract has long expired. Any reduction in service, therefore, depends on “compliance with all applicable statutory and regulatory provisions.” To the extent that UP is a common carrier—rather than an independent contractor of Metra—it has unfettered authority to discontinue any service without the Board’s approval if it keeps the rails in place and continues running some trains. View "Union Pacific Railroad Co. v. Regional Transportation Authority" on Justia Law

Fehlman was the Neillsville Police Department’s interim police chief in 2019. In 2020, Mankowski was hired as the permanent chief. Fehlman returned to being a rank-and-file officer. Over the next several months, Fehlman raised concerns about the management of the department, which Mankowski rebuffed. Fehlman and other officers requested a meeting with the Police & Fire Commission (PFC), where Fehlman raised concerns that Mankowski instilled fear in officers; Mankowski lacked professionalism and, while on duty, told a bar owner that he should consider having the owner’s wife dance topless; Mankowski ordered officers to turn off their body cameras in violation of department policy; Mankowski verbally abused suspects; Mankowski changed radio talk procedures in ways that threatened officer safety; Mankowski prioritized speed limit enforcement over responding to an allegation of child abuse at a school.Mankowski subsequently harassed Fehlman, taking away his work credit card and threatening charges of insubordination. Fehlman resigned from the NPD. Mankowski allegedly interfered with Fehlman’s job search by making false, negative comments (Fehlman was hired nonetheless). Fehlman also discovered that his NPD personnel file had been altered and that Mankowski gave information to the unemployment compensation office that led to a delay in benefits.Fehlman sued Mankowski under 42 U.S.C. 1983, alleging violation of his First Amendment rights. The Seventh Circuit affirmed the dismissal of his complaint. Fehlman’s statements to the PFC were made in his capacity as a public employee, not a private citizen. View "Fehlman v. Mankowski" on Justia Law

The First Circuit denied Petitioners' petition objecting to a permit issued by the Environmental Protection Agency (EPA) and affirmed by the Environmental Appeals Board requiring General Electric Company (GE) to clean up polychlorinated biphenyls from certain portions of the Housatonic River, holding that the EPA's challenged actions were not arbitrary or capricious.On appeal, Petitioners brought three substantive challenges and also brought procedural challenges to the permit's issuance. The First Circuit denied the petition after noting that should GE's cleanup of the river not achieve the goals set out in the permit, the permit requires further measures, holding that Petitioners were not entitled to relief on their procedural and substantive legal challenges. View "Housatonic River Initiative v. U.S. Environmental Protection Agency" on Justia Law

The City of Los Angeles (the City) approved a project at 1719-1731 North Whitley Avenue in Hollywood (the Project) that would replace 40 apartments subject to the City’s rent stabilization ordinance (RSO) with a hotel. The City determined the Project was exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines relating to certain development projects. The relevant guideline addresses what is often referred to as the “infill” exemption or the “Class 32” exemption. Respondent United Neighborhoods for Los Angeles (United Neighborhoods) sought a writ of mandate in the Los Angeles Superior Court, arguing, among other things, that the in-fill exemption does not apply because the Project is not consistent with a General Plan policy concerning the preservation of affordable housing. The trial court granted the writ, effectively halting the Project until the City was to find the Project is consistent with that policy or 148-159 undertakes CEQA review. The City and real parties in interest appeal.   The Second Appellate District affirmed the order granting the petition for writ of mandate. The court explained that the City’s suggestion that the Project’s consistency with the Framework Element implies consistency “with the entirety of the General Plan” because of the Framework Element’s foundational role assumes, contrary to authority, the Framework Element stands in perfect harmony with the General Plan. However, the court explained that although it affirms the trial court, it does not suggest that the City was necessarily required to make formal findings that Housing Element policies are outweighed by competing policies favoring the Project. View "United Neighborhoods for L.A. v. City of L.A." on Justia Law

The Natural Gas Act authorizes private entities who have received a certificate of public convenience and necessity to acquire property “by the exercise of the right of eminent domain.” Sabal Trail Transmission, LLC, invoked this power of eminent domain to acquire easements to build a pipeline on land owned by Sunderman Groves, Inc. In the condemnation proceeding, the district court determined that the Act incorporates state eminent domain law, and it consequently applied Florida law to grant attorneys’ fees, costs, and prejudgment interest to Sunderman Groves. Sabal Trail appealed these awards, arguing that the district court should have applied federal law instead. A different panel decided on a nearly identical case that arose out of Sabal Trail’s use of eminent domain power to build this same pipeline.   The Fourth Circuit affirmed. The court explained that it is firmly established” that “each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the Supreme Court.” United States v. Hogan, 986 F.2d 1364, 1369 (11th Cir. 1993). The court explained that the court’s prior construction of the Natural Gas Act is now the law in the Circuit, and it conclusively resolves this appeal. View "Sabal Trail Transmission, LLC v. Sunderman Groves, Inc" on Justia Law

Plaintiff worked as a police officer at the Tripler Army Medical Center (TAMC) in Honolulu, Hawaii. Prior to his termination, Plaintiff filed a complaint with the Equal Employment Opportunity (EEO) office alleging sexual and race discrimination, retaliation, and a proposed and later a formal termination. After he was terminated, Plaintiff attempted to file a mixed case appeal with the Merit Systems Protection Board (MSPB), seeking to appeal the Army’s termination decision based on the affirmative defense of sexual orientation discrimination. The MSPB upheld Plaintiff’s termination and he filed suit in district court. He alleged that he had been subjected to discrimination based on his sexual orientation (bisexual) and race (Caucasian), retaliated against for protected conduct, and ultimately terminated from his employment.   The Ninth Circuit affirmed in part and vacated in part and remanded. The panel held that the MSPB lacked jurisdiction to consider the pre-termination claims. Neither the text nor the structure of the Civil Service Reform Act (CSRA) supports the theory that the MSPB has pendent jurisdiction to decide factually related claims of discrimination associated with personnel actions outside the list of “particularly serious” actions set forth in 5 U.S.C. 7512. The panel affirmed the district court’s (1) determination that Plaintiff failed to exhaust before the MSPB any other theories of discrimination for his termination besides sexual orientation; (2) grant of summary judgment to the Army on Plaintiff’s Title VII claim; and (3) grant of summary judgment to the Army on Plaintiff’s CSRA claim, finding that substantial evidence supported the MSPB’s finding that Plaintiff regularly had sex at TAMC during work hours. View "STEVEN CROWE V. CHRISTINE WORMUTH, ET AL" on Justia Law