Justia Government & Administrative Law Opinion Summaries

Appellant challenged his conviction for violating a county ordinance regulating the volume of noise from "mechanical sound-making devices." Appellant contended that the provision was facially invalid under the free speech clause of the Georgia Constitution. Ga. Const. of 1983, Art. I, Sec. I, Par. V. The court held that the county drew the challenged provision of its ordinance deliberately and in response to specific concerns, and the county had offered good reasons for rejecting appellant's proposed alternatives. The court also held that the provision advanced a substantial government interest in the least restrictive way. Furthermore, the provision was content neutral and left open ample alternatives for communication. Therefore, the ordinance was a reasonable, content-neutral time, place, and manner speech regulation and appellant's facial challenge to it was without merit.

Plaintiff-Appellant Christie Helm appealed a district courtâs order granting summary judgment in favor of the State of Kansas (the State) on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964. Helm sued the State after she was allegedly sexually harassed over a period of almost ten years by Judge Frederick Stewart, a State district judge for whom Helm served as an administrative assistant. The district court determined that the State was entitled to summary judgment because Helm fell within the "personal staff" exemption to Title VIIâs definition of "employee" and thus did not qualify for the protections afforded by the statute. Alternatively, the court ruled that summary judgment for the State was proper on the basis of the "Faragher/Ellerth" affirmative defense to employer liability for a supervisorâs sexual harassment of a subordinate. In September 1998, Helm was hired to fill an administrative-assistant position. Judge Stewart began sexually harassing Helm shortly after she was hired. Upon review of the trial court record, the Tenth Circuit held that the "Faragher/Ellerth" defense precluded vicarious liability against the State of Kansas for Judge Stewartâs alleged actions. Accordingly, the Court affirmed the judgment of the district court without reaching the question whether the "personal staff" exemption removed Helm from the purview of Title VII.

The State of Arizona appealed the district court's order granting a preliminary injunction to prevent a state law from taking effect that would have terminated eligibility for healthcare benefits of state employees' same-sex partners. The district court found that plaintiffs demonstrated a likelihood of success on the merits because they showed that the law adversely affected a classification of employees on the basis of sexual orientation and did not further any of the state's claimed justifiable interests. The district court also found that plaintiffs had established a likelihood of irreparable harm in the event coverage for partners ceased. The court held that the district court's findings and conclusions were supported by the record and affirmed the judgment.

Plaintiffs brought this action against the Department of Justice under the Freedom of Information Act, 5 U.S.C. 552, seeking to obtain documents relating to the government's use of cell phone location data in criminal prosecutions. The district court directed the release of certain specified documents and upheld the Department's decision to withhold others. The court affirmed the district court's order requiring the release of the specified documents. The court held, however, that because there were too many factual uncertainties regarding the remaining documents, the court vacated the balance of the district court's decision and remanded the case for further development of the record.

Property owners appealed a special tax assessment the Board of County Commissioners levied against real property for cleanup costs the County claimed it incurred while removing dangerous structures and unsightly conditions on that property. The district court found subject matter jurisdiction lacking and granted the County's summary judgment motion. The court of appeals affirmed. At issue on appeal was whether the property owners' claims could be brought on direct review under Kan. Stat. Ann. 60-907(a), which provides injunctive relief against an illegal levy or enforcement of any tax, charge, or assessment. The Supreme Court affirmed and in part and reversed in part, holding (1) the property owners satisfied the jurisdictional burdens under section 60-907(a) on two of its three issues; and (2) because the district court went beyond the jurisdiction question and found for the County on the merits and the court of appeals stopped short of considering the merits of any claims when it found the entire case was jurisdictionally barred, the court of appeals erred in part in its jurisdictional ruling. Remanded to the court of appeals to determine whether the district court properly granted summary judgment as to the remaining claims.

The issue before the Tenth Circuit in this case pertained to a "class-of-one" equal protection lawsuit against a county government based on its demand that a property owner correct a nuisance. Kansas Penn Gaming, LLC alleged that after it and Cherokee County became involved in litigation concerning a casino development agreement, the County health department targeted Kansas Penn for a regulatory enforcement action. In particular, the County sent Kansas Penn a notice stating that the unkempt condition of its property violated state and local nuisance laws and regulations and warning that failure to clean up the property would lead to an enforcement action. Although the County never brought an enforcement action against Kansas Penn, Kansas Penn sued the County and some of its officials under 42 U.S.C. 1983. In its complaint, Kansas Penn alleged the notice of nuisance violated its right to equal protection by arbitrarily and maliciously singling it out for selective enforcement. Because the Tenth Circuit agreed with the district court that Kansas Penn failed to state a claim for relief under the standard set forth by "Bell Atl. Corp. v. Twombly," the Court affirmed dismissal of the complaint.

Plaintiffs commenced this hybrid declaratory judgment action/article 78 proceeding, seeking a declaration that the implementation of Local Law No. 3-2011 in relation to the November 8, 2011 general election was null and void for lack of compliance with the Nassau County Charter. At issue was whether the metes and bounds descriptions in Local Law No. 3-2011 applied to the 2011 general election or whether they were the first part of a three-step process to take effect in 2013. The court held that Supreme Court properly declared that Local Law No. 3-2011 was in accord with Nassau County Charter 112, but that its implementation was null and void in connection with the November 8, 2011 general election for lack of compliance with Nassau County Charter 113 and 114. Accordingly, the order of the Appellate Division, insofar as appealed from, should be reversed, without costs, and the order and judgment of Supreme Court reinstated.

Appellee applied for supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. 1382. The Commissioner of the Social Security Administration subsequently appealed the district court's decision, arguing that the ALJ permissibly discounted appellee's testimony and that the district court substituted its own judgment for that of the ALJ in concluding otherwise. In the alternative, the Commissioner asserted that even if the ALJ erred, the district court should have remanded for additional proceedings and erred in directing the entry of an award of benefits. The court held that valid reasons supported the ALJ's adverse credibility determination and that substantial evidence in the record supported the ALJ's determination that appellee could perform sedentary work as long as he had the option of alternating between sitting and standing. Therefore, the court reversed the district court's decision and remanded for the district court to affirm the decision of the Commissioner.

The United States appealed an award of attorney's fees and costs under the Hyde Amendment, Pub. L. No. 105-119, section 617, 111 Stat. 2440, 2519, and two attorneys, Sean Cronin and Andrea Hoffman, appeal public reprimands entered against them based on their work as Assistant United States Attorneys in an underlying criminal action marked by hard adversarial tactics. The court held that the district court abused its discretion when it imposed sanctions against the United States for a prosecution that was objectively reasonable, and the district court violated the constitutional right to due process of the two lead prosecutors, when it denied them notice of any charges of misconduct and an opportunity to be heard. Therefore, the court vacated the award of attorney's fees and costs against the United States and the public reprimand of Cronin and Hoffman, but the court denied the request of Cronin and Hoffman that the court reassign the case to a different district judge at this stage.

Over a period of two years, the City of Sioux Falls issued Daniel Daily four citations for a concrete extension to his driveway. Daily appealed each of the citations, but a hearing was held only on the final two citations received. Daily then initiated a declaratory judgment action against the City. The trial court ultimately concluded that the City's administrative appeals process, both as written and as applied, and the City's enforcement of its zoning ordinances violated Daily's constitutional rights to procedural due process and equal protection. The Supreme Court affirmed, holding (1) because the hearing examiner in this case did not hold the City to its burden of proof, the City's administrative appeals process deprived Daily of a protected property interest without due process of law; and (2) the hearing examiner's application of the rules of evidence deprived Daily of a fair hearing.