Justia Government & Administrative Law Opinion Summaries

Dennis C. Jackson, a prison inmate, sought judicial review in the district court for Johnson County of an agency’s final decision under the Administrative Procedure Act (APA). Jackson filed an application to proceed in forma pauperis (IFP) along with his petition. The district court did not explicitly rule on the IFP application and dismissed Jackson’s APA petition as untimely. Jackson appealed the dismissal.The district court did not grant Jackson’s IFP application, instead deferring its ruling until Jackson filed an amended petition. Jackson complied, but the court dismissed the petition for being untimely, citing incorrect dates. Jackson filed a motion for reconsideration, which the court overruled without addressing the IFP application. Jackson then appealed to the Nebraska Court of Appeals, filing another IFP application for the appeal.The Nebraska Supreme Court reviewed the case. It found that the district court implicitly denied Jackson’s IFP application by dismissing the petition without ruling on the application. The Supreme Court determined that the district court erred by not following statutory procedures for IFP applications and by incorrectly calculating the timeliness of Jackson’s petition. The court held that Jackson’s petitions were neither frivolous nor malicious and that the denial of IFP status was plainly erroneous.The Nebraska Supreme Court reversed the district court’s denial of Jackson’s IFP application and remanded the case with directions to grant the initial IFP application and proceed with further actions consistent with its opinion. View "Jackson v. Rodriguez" on Justia Law

Several residents of the City of Muscle Shoals filed a lawsuit against the City, seeking damages for negligence and trespass due to flooding caused by the City's management of a stormwater-drainage pond in their neighborhood. The plaintiffs claimed that heavy rainfall in February 2019 overwhelmed the pond, leading to the flooding of their homes. They argued that the City failed to plan adequately for such events and did not maintain the pond properly.The plaintiffs initially filed their complaint in the Colbert Circuit Court in March 2020, seeking damages for negligence, wantonness, and trespass. They later amended their complaint to drop the wantonness claim and added a request for injunctive relief, which the trial court denied. The City moved for summary judgment, arguing that the claims were barred by § 11-47-190, Ala. Code 1975, and that there was no substantial evidence to support the trespass claim. The trial court denied the City's motion, leading the City to file a petition for a writ of mandamus with the Supreme Court of Alabama.The Supreme Court of Alabama reviewed the case and determined that the City was immune from the plaintiffs' claims under § 11-47-190, Ala. Code 1975. The Court found that the City's decision to plan for 25-year rainfall events was within common municipal practice and did not constitute neglect, carelessness, or unskillfulness. Additionally, the Court concluded that the City's design and maintenance of the pond were not defective within the meaning of the statute. As a result, the Court granted the City's petition and issued a writ directing the trial court to enter a summary judgment in favor of the City, effectively barring the plaintiffs' claims for damages. View "In re: Burrell v. City of Muscle Shoals" on Justia Law

A fourteen-year-old boy, Tanner Smith, was vaccinated against COVID-19 at his school clinic without his or his mother Emily Happel's consent. The school clinic, operated in partnership with Old North State Medical Society (ONSMS), administered the vaccine despite lacking the required parental consent. Plaintiffs, Smith and Happel, sued the Guilford County Board of Education and ONSMS for battery and violations of their state constitutional rights.The Superior Court of Guilford County dismissed the case, agreeing with the defendants that the federal Public Readiness and Emergency Preparedness (PREP) Act preempted the plaintiffs' state law claims, granting them immunity. The Court of Appeals affirmed this decision, holding that the PREP Act's broad immunity shielded the defendants from liability for all of the plaintiffs' claims.The Supreme Court of North Carolina reviewed the case and held that the PREP Act's immunity only covers tort injuries and does not bar state constitutional claims. The court concluded that the PREP Act does not preempt claims brought under the state constitution, specifically those related to the right to control a child's upbringing and the right to bodily integrity. The court affirmed the dismissal of the battery claim but reversed the dismissal of the state constitutional claims and remanded the case for further proceedings. View "Happel v. Guilford Cnty. Bd. of Education" on Justia Law

McKenzie County, North Dakota, sued the United States and the Department of the Interior, claiming ownership of mineral royalties under certain lands. The County argued that previous litigation had settled the matter in its favor. The United States contended that the prior litigation involved different lands and that the County’s claim was untimely. The district court ruled in favor of the County, and the United States appealed.The United States District Court for the District of North Dakota had previously granted judgment for the County, concluding that the 1930’s Condemnation Judgments and a 1991 Judgment quieted title to the disputed minerals in favor of the County. The district court held that the County’s claim was not barred by the Quiet Title Act’s statute of limitations and that the All Writs Act and Rule 70 empowered it to enforce its prior judgments.The United States Court of Appeals for the Eighth Circuit reviewed the case and reversed the district court’s decision. The Eighth Circuit held that the All Writs Act could not be used to circumvent the Quiet Title Act’s requirements. The court determined that the 1991 Judgment did not include the tracts listed in the 2019 Complaint and that the County’s claim under the Quiet Title Act was untimely. The court concluded that the County knew or should have known of the United States’ adverse claim to the mineral royalties by December 2003, thus triggering the Quiet Title Act’s 12-year statute of limitations. The Eighth Circuit instructed the district court to enter judgment in favor of the United States. View "McKenzie County, ND v. United States" on Justia Law

The Hoagland Family Limited Partnership and its partners have been involved in a legal dispute with the Town of Clear Lake regarding a sewage hookup since 2010. This ongoing litigation is under case number 76C01-1006-PL-425 in the Steuben Circuit Court. In 2023, Hoagland filed a new complaint in the Steuben Superior Court (case number 76D01-2305-PL-237) against the Town and various associated parties. The claims in this new case were based on the same facts and circumstances as the ongoing case. Consequently, the superior court dismissed the new complaint under Trial Rule 12(B)(8), which addresses the issue of the same action pending in another state court.The Steuben Superior Court dismissed the new case with prejudice, meaning that Hoagland would be precluded from bringing the same claims again. Hoagland did not contest the dismissal itself but argued against the dismissal being with prejudice. The Indiana Court of Appeals affirmed the superior court's decision.The Indiana Supreme Court reviewed the case and found that the superior court erred in dismissing the case with prejudice. The Supreme Court noted that a dismissal with prejudice is akin to a judgment on the merits and precludes relitigation of the claims. The court emphasized that Hoagland should not be prematurely denied the opportunity to litigate its claims. Therefore, the Indiana Supreme Court vacated the Court of Appeals' opinion and remanded the case to the superior court with instructions to dismiss the case without prejudice. This allows Hoagland the possibility to pursue its claims in the ongoing litigation in the Steuben Circuit Court. View "Hoagland Family Limited Partnership v. Town of Clear Lake" on Justia Law

Antoine Smith, a police officer for the City of Cedar Rapids, was ordered to retake his official photo, which he refused. This led to a formal administrative investigation by the Cedar Rapids Police Department. Smith was notified of the investigation and later interviewed, during which he admitted to violating the department's code of conduct. The investigation concluded with a recommendation for a ten-hour suspension without pay and a requirement for Smith to retake his photo. Smith's counsel requested the investigation results and materials, which were denied until after the disciplinary decision was made.The Iowa District Court for Linn County granted summary judgment in favor of the City, concluding that the City did not violate Iowa Code section 80F.1(3) or 80F.1(9) by withholding the investigative materials until after the disciplinary decision. Smith appealed this decision.The Iowa Supreme Court reviewed the case and affirmed the lower court's decision. The court held that under Iowa Code section 80F.1(3), an officer is entitled to the results of an investigation only after the agency has made a final determination, including whether discipline will be imposed. Similarly, under section 80F.1(9), the officer is entitled to investigative materials only after discipline is decided. The court concluded that the City did not violate these provisions by waiting until after the disciplinary decision to provide the requested materials. The court emphasized that the statutory language clearly conditions the rights to these materials on the imposition of discipline. View "Smith v. City of Cedar Rapids" on Justia Law

Alex Lancaster, who operates an adult foster care program in his home, received a correction order from Olmsted County on behalf of the Minnesota Department of Human Services (DHS) after a home inspection. The correction order cited two violations: failure to provide resident access to the upstairs living room and dining area. Lancaster did not request reconsideration of the correction order within the 20-day deadline.Lancaster appealed the correction order to the Minnesota Court of Appeals by petitioning for a writ of certiorari. The court of appeals dismissed the appeal, determining that the correction order was not a quasi-judicial decision and therefore not appealable by writ of certiorari. Lancaster then petitioned for further review.The Minnesota Supreme Court reviewed the case to determine whether a DHS correction order is appealable by writ of certiorari. The court held that a correction order is not a judicial or quasi-judicial decision because it does not bind and irrevocably fix the legal rights of the license holder. Instead, it merely notifies the license holder of alleged violations and the possibility of future sanctions if the violations are not corrected. As a result, the correction order does not meet the criteria for a quasi-judicial decision, which includes a binding decision regarding a disputed claim.The Minnesota Supreme Court affirmed the court of appeals' dismissal of Lancaster’s appeal, concluding that the correction order was not appealable by writ of certiorari. View "Lancaster vs. Department of Human Services" on Justia Law

Denise Evans was diagnosed with a ureteral injury shortly after undergoing a hysterectomy on August 14, 2019. She filed a negligence lawsuit in state court against the surgeon and associated medical entities. The surgeon was employed by a federally-funded health center, and the Attorney General certified that he was acting within the scope of his employment, allowing the United States to substitute itself as the defendant under the Public Health Service Act (PHSA). The government removed the case to federal court and requested dismissal due to Evans's failure to exhaust administrative remedies. The district court dismissed the claims against the government without prejudice and remanded the claims against the non-governmental defendants to state court.Evans then exhausted her administrative remedies by filing a claim with the Department of Health and Human Services (HHS), which was received on September 23, 2021. After HHS failed to render a final disposition within six months, Evans filed a lawsuit against the United States under the Federal Tort Claims Act (FTCA), asserting medical negligence. The government moved to dismiss the suit, arguing that the claim was barred by the FTCA’s two-year statute of limitations. Evans contended that the Westfall Act’s savings provision and the doctrine of equitable tolling should apply. The district court disagreed and dismissed the suit.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that the Westfall Act’s savings provision does not apply when the United States substitutes itself as a party under § 233(c) of the PHSA. The court also found that equitable tolling was inapplicable, as Evans did not demonstrate extraordinary circumstances preventing her from timely filing her claim. Consequently, the Seventh Circuit affirmed the district court's dismissal of Evans's lawsuit. View "Evans v United States" on Justia Law

Philip Sanders filed a petition in the District Court for Creek County, alleging that Turn Key Health Clinics, LLC caused the wrongful death of his wife, Brenda Jean Sanders, during her confinement in the Creek County Jail. Brenda Sanders was booked into the jail on October 17, 2016, and her health deteriorated over four weeks. She was transported to a hospital on November 20, 2016, diagnosed with severe sepsis and other conditions, and died the next day.The District Court granted Turn Key's motion to dismiss Sanders' petition, citing immunity under the Oklahoma Governmental Tort Claims Act, and allowed Sanders thirty days to amend his petition. Sanders did not amend and appealed the dismissal. The Court of Civil Appeals reversed the District Court's order, but Turn Key filed a petition for certiorari to review the appellate court's decision. The Supreme Court of Oklahoma granted certiorari.The Supreme Court of Oklahoma held that Sanders' appeal was premature as it challenged an interlocutory order, and appellate jurisdiction was absent. The Court vacated the opinion of the Court of Civil Appeals and withdrew it from publication. The Court recast Sanders' petition in error as an application to assume original jurisdiction and a petition for prohibition. The Court concluded that the Governmental Tort Claims Act makes licensed medical professionals "employees" of the state when under contract with city, county, or state entities and providing medical care to inmates or detainees. The Court assumed original jurisdiction and denied the petition for a writ of prohibition. View "Sanders v. Turn Key Health Clinics, LLC" on Justia Law

Peyman Roshan, a lawyer and real estate broker, had his law license suspended by the California Supreme Court in 2021 for misconduct. Following this, the California Department of Real Estate (DRE) initiated a reciprocal disciplinary proceeding against his real estate license. Roshan filed a federal lawsuit against the DRE, alleging constitutional violations and seeking to enjoin the DRE's disciplinary action.The United States District Court for the Northern District of California dismissed Roshan's lawsuit, citing the Younger abstention doctrine, which prevents federal courts from interfering with certain ongoing state proceedings. The district court held that the DRE's disciplinary proceeding was quasi-criminal in nature and that Roshan could raise his federal claims during the judicial review of the DRE action.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's dismissal. The Ninth Circuit held that the district court correctly applied the Younger abstention doctrine. The court noted that the state proceedings were ongoing, involved important state interests, and allowed Roshan to raise his federal claims. The court also determined that the DRE proceeding was quasi-criminal because it was initiated by a state agency following an investigation, involved formal charges, and aimed to determine whether Roshan should be sanctioned by suspending or revoking his real estate license.The Ninth Circuit concluded that all the requirements for Younger abstention were met and that Roshan had not demonstrated any bad faith, harassment, or extraordinary circumstances that would make abstention inappropriate. Therefore, the district court's decision to abstain from hearing the case was proper, and the dismissal of Roshan's lawsuit was affirmed. View "ROSHAN V. MCCAULEY" on Justia Law