Justia Government & Administrative Law Opinion Summaries

At the time of the attack, Anthony Andrews, who was temporarily living with his sister in an apartment across the hall, called 9-1-1. The call was routed to a State Police Public Safety Answering Point (PSAP). When the operator answered, Andrews reported that he "heard somebody screaming next door, inside this building" at "227 Wegman." The call was transferred to Jersey City’s PSAP, where the operator there asked for a location. Andrews responded, "185 Wegman." He stated: "I hear some screamin'" and "I don’t know what’s going on next door." The Jersey City operator prepared a narrative of the call which included the wrong address. The operator never asked Andrews what he meant by "next door" and so she mistakenly wrote "the house next door" rather than an apartment. Officers were dispatched to "Check 185 Wegman Parkway." Officers found the building at 185 Wegman unoccupied and left. Approximately twenty-two hours later, Andrews called 9-1-1 again. The operator who answered interrupted Andrews and asked if he had "a life threatening emergency that’s going on right now," and he replied, "No . . . it happened last night." A wrongful death and survival action was filed by both Plaintiff Paris Wilson through a guardian ad litem, his aunt Sonya Manzano, and by Plaintiff D Artagnan Manzano, individually and as Administrator of the Estates of his children DeQuan and Dartagnania. Plaintiffs claim that the two 9-1-1 operators were derelict in their duties and that their negligence, gross negligence, or wanton and willful disregard for the safety of others caused pain and suffering to all three children and led to the deaths of DeQuan and Dartagnania. The trial court dismissed the claims against defendants, finding that they were protected by statutes including the 9-1-1 immunity act, N.J.S.A. 52:17C-10, and that there was insufficient evidence of wanton and willful conduct needed to vault the immunity statute. The Appellate Division reversed. Upon review, the Supreme Court concluded that N.J.S.A. 52:17C-10 provides immunity to 9-1-1 operators and their public-entity employers for negligence in delivering 9-1-1 services, including the mishandling of emergency calls. Because the statute does not protect conduct that constitutes wanton and willful disregard for safety, the Court remanded the case to resolve that issue.

In 2006, U.S. Marshals worked with officers in 24 states on a fugitive round-up that led to arrests of 10,733 people, including plaintiff, who was wrongfully arrested because of clerical mistakes. All charges were eventually dropped, but news reporters had filmed her arrest and aired the story, including plaintiff's name and a statement that she was wanted for identity theft, after the dismissal. One station also placed the video on its website, along with a written story. Plaintiff's attorney faxed a cease and desist letter to the station, which removed the story, although it remained accessible by keyword search for several days. Most of plaintiffs' claims against the federal and city governments, the U.S. Marshals Service, the broadcast company and employees, and various named and unnamed Marshals, were resolved. The district court rejected defamation and false light claim against the broadcast company, based on the fair report privilege requirement of proof of actual malice, and a Federal Tort Claims Act, 28 U.S.C. 1346(b)(1), claim against the U.S. for lack of subject matter jurisdiction. The Sixth Circuit affirmed, citing the discretionary function exception. Investigating and apprehending plaintiff was discretionary and not within the safe harbor for intentional torts.

The parents of a developmentally disabled adult woman appealed a superior court's decision to appoint a public guardian, rather than the parents, as the woman's legal guardian. The superior court found that the parents failed to take advantage of resources available for the daughter's development and did not support the daughter's contact with extended family. On appeal, the parents argued that they should have been appointed as guardians and that the appointment of a public guardian, in the absence of clear and convincing evidence that the parents were unfit to serve as guardians, violated their constitutional right to parent their child. Because the superior court did not abuse its discretion in appointing the public guardian, and because the superior court's action did not violate the parents' substantive due process rights under the 14th Amendment, the Supreme Court affirmed the decision of the superior court in all respects.

The Equal Employment Opportunity Commission (EEOC) appealed a judgment of the district court that declined to enforce an administrative subpoena against Burlington Northern Santa Fe Railroad (BNSF). On appeal, the EEOC argued the district court abused its discretion because it "applied erroneous legal principles and ignored record evidence." This case arose from an ADA discrimination claim filed by Gregory Graves and Thomas Palizzi. Each alleged they were not hired as conductors or conductor trainees based on a perceived disability. The EEOC launched an investigation and issued a subpoena to BNSF. During the course of its investigation, the EEOC expanded the parameters of its investigation without notice or explanation. BNSF did not comply with the administrative subpoena, and the EEOC applied to the district court for enforcement. Finding no abuse of discretion or a misapplication of the law, the Tenth Circuit affirmed the district court: "Nothing prevent[ed] the EEOC from investigating the charges filed by Mr. Graves and Mr. Palizzi, and then . . . expanding its search. Alternatively, nothing prevent[ed] the EEOC from aggregating the information it possesses in the form of a Commissioner's Charge. . . . But nationwide recordkeeping data is not 'relevant to' charges of individual disability discrimination filed by two men who applied for the same type of job in the same state, and the district court did not abuse its discretion in reaching that conclusion."

Decedent Charles Gray sought treatment for epilepsy at Defendant University of Colorado Hospital. In the course of his withdrawal from medication, hospital staff left Decedent unattended and he died after suffering a seizure. Plaintiffs, decedent’s estate and family members, filed a 42 U.S.C. 1983 suit alleging that the hospital (and affiliated doctors, nurses, and staff) deprived Decedent of life without due process of law in violation of the Fourteenth Amendment. The district court granted Defendants' motion to dismiss the complaint for failing to state a constitutional claim. Plaintiffs appealed. Applying the appropriate legal standards, the Tenth Circuit affirmed, but for reasons somewhat different than those of the district court: "The state actor’s affirmative act creating the danger or rendering the victim more vulnerable to it does not constitute a constitutional deprivation."

Plaintiff Donna Morris brought a 42 U.S.C. 1983 action for unlawful arrest and excessive force on behalf of her deceased husband, William Morris III, against Defendants Officer Jaime Noe and the City of Sapulpa, Oklahoma. She alleged Defendants violated her husband's rights when Noe forceably arrested him and caused him injury. Defendant Noe moved for summary judgment based on qualified immunity, and the district court denied his motion. Defendant Noe then appealed. Finding that Mr. Morris "posed no threat to Noe or others," and that the officer had reason to believe Mr. Morris was "at most, a misdemeanant," the Tenth Circuit held Defendant was not entitled to qualified to immunity on either of Plaintiff's claims. Accordingly, the Court affirmed the trial court.

Plaintiff Steven Romero brought suit against Defendants Jeremy Story, Manuel Frias, and Vincent Shadd, Las Cruces, New Mexico law enforcement officers, alleging unlawful arrest and excessive force in violation of 42 U.S.C. 1983. The district court denied Defendants' claim to qualified immunity in the context of summary judgment, and Defendants appealed. Upon review, the Tenth Circuit vacated the district court’s denial of summary judgment as to excessive force, and remanded the case for further proceedings.

Plaintiff-Appellant, World Publishing Company, publisher of the "Tulsa World" newspaper, appealed a district court's judgment in favor of Defendant-Appellee the United States Department of Justice. Resolving various pretrial motions, the district court held that Tulsa World had standing, denied it discovery, and concluded that the United States Marshals Service properly withheld six booking photographs ("mug shots") requested by Tulsa World through a Freedom of Information Act (FOIA) request. On appeal, Tulsa World argued that the district court erred in granting the government's motion for summary judgment and denying it discovery so that it might better respond to that motion. Upon review, the Tenth Circuit concluded the district court did not abuse its discretion and affirmed its judgment in favor of the DOJ.

This issue before the Supreme Court in this case was the appointment of the New Mexico House of Representatives following the 2010 federal census. It was undisputed that the House was unconstitutionally apportioned. The Legislature then passed House Bill 39 to reapportion the House during a 2011 Special Session. The Governor vetoed the bill. Because lawmakers failed to create constitutionally-acceptable districts, the burden fell on the courts to draw a reapportionment map for the House. The Court appointed a retired district judge to oversee the judiciary's process. Petitioners filed petitions for a writ of superintending control to ask the Supreme Court to take jurisdiction over the case, and to reverse the district court to adopt an alternative plan or remand the case with instructions regarding the legal standard that should be applied. After reading the parties' briefs and listening to oral argument, the Court entered an order articulating the legal principles that should govern redistricting litigation in New Mexico and remanded the case to the district court for further proceedings.

Defendant Ralph Burnell petitioned the Supreme Court for a writ of mandamus to direct the Bibb Circuit Court to vacate its 2011 order that denied his motion to dismiss claims Plaintiff Christi Burry Kelley filed against him. In 2007 while she was an inmate at the Bibb County jail, Plaintiff slipped in the shower and was injured. Petitioner was the warden of the jail at the time. Plaintiff sued the warden, the jail, the sheriff's department, and the sheriff, alleging negligence and wantonness. Defendants moved to dismiss, arguing among other things that the trial court did not have jurisdiction to hear the claims against them under state immunity. The trial court dismissed as to the County, the jail and the sheriff's department and sheriff, but denied the motion as to Defendant. Defendant argued on appeal to the Supreme Court that he was entitled to State immunity because he was being sued for money damages for actions that arose out of his performance of his duties as a deputy sheriff. Finding that Defendant established a clear legal right to the dismissal of Plaintiff's claims against him, the Supreme Court issued the writ.