Justia Government & Administrative Law Opinion Summaries

Blake Jeffreys was arrested during a sting operation after unknowingly communicating with an undercover police officer and arranging to meet at a hotel for sex in exchange for $120. On May 14, 2021, Jeffreys pled guilty to promoting human trafficking. The Jefferson Circuit Court sentenced him to one year in prison, probated for five years, and ordered him to pay a $10,000 fee under KRS 529.130. Jeffreys requested the trial court waive the payment under KRS 534.030(4), but the court declined. Jeffreys appealed, arguing the fee was an unconstitutional excessive fine and should be waived.The Court of Appeals rejected Jeffreys' arguments and affirmed the trial court's decision. Jeffreys sought discretionary review from the Kentucky Supreme Court, focusing solely on the argument that the fee should be waived. The Kentucky Supreme Court granted the motion for review.The Kentucky Supreme Court affirmed the Court of Appeals' decision. The court held that KRS 529.130 imposes a human trafficking victims service fee, not a fine, and is not subject to waiver under KRS 534.030(4). The court also found that KRS 453.190, which defines a "poor person" for the purpose of waiving court costs, does not apply to the fee imposed under KRS 529.130. However, the court noted that Jeffreys could seek a show cause hearing under KRS 534.020(3)(a)1 to potentially reduce or waive the payment based on his ability to pay. The court emphasized that the trial court should consider various factors, including the defendant's financial status and dependents, when determining the ability to pay. View "JEFFREYS V. COMMONWEALTH OF KENTUCKY" on Justia Law

In 2021, the Montana Legislature passed House Bill 407 (HB 407), which preempted local ordinances, resolutions, initiatives, or referendums regulating the use, sale, or taxation of certain containers, including single-use plastics. Bozeman, which adopted a self-government charter in 2000, was affected by this bill. In 2023, a member of the Cottonwood Environmental Law Center submitted a local ballot initiative to regulate single-use plastics in Bozeman. The Gallatin County Election Administrator rejected the petition, citing the prohibition under § 7-5-131(2)(f), MCA. Cottonwood and other plaintiffs filed a complaint challenging the constitutionality of HB 407.The First Judicial District Court granted Cottonwood's motion for partial summary judgment, finding § 7-5-131(2)(f), MCA, unconstitutional under Article XI, Section 8, of the Montana Constitution. The court certified its order as final, allowing the initiative to be placed on the 2024 general election ballot, where it passed.The Supreme Court of the State of Montana reviewed the case. The court held that the Legislature may place limits on the powers of local government, including the power of local initiatives, as long as these limits do not infringe on other constitutional rights. The court found that § 7-1-111(21), MCA, which prohibits local government units with self-government powers from regulating auxiliary containers, is constitutional. Consequently, the court reversed the District Court's decision, holding that § 7-5-131(2)(f), MCA, is not facially unconstitutional under Article XI, Section 8, of the Montana Constitution. View "Cottonwood v. State" on Justia Law

Randell Shepherd, a career coal miner, filed a claim for benefits under the Black Lung Benefits Act (BLBA), invoking the Act’s presumption that he was entitled to benefits due to his over fifteen years of mining and total disability from chronic obstructive pulmonary disease (COPD), bronchitis, and emphysema. Incoal, Inc., Shepherd’s most recent employer, contested his entitlement, arguing that his disability was caused by smoking, not mining. An administrative law judge (ALJ) found Incoal’s expert opinions unpersuasive and inconsistent with the Act’s regulations and preamble, which recognize pneumoconiosis as a latent and progressive disease. The ALJ ruled that Incoal failed to rebut the presumption that Shepherd was entitled to benefits. The Benefits Review Board (BRB) affirmed the ALJ’s decision.Incoal petitioned the United States Court of Appeals for the Sixth Circuit for review, arguing that the ALJ improperly relied on the regulatory preamble over their evidence and that the presumption was effectively irrebuttable, violating the Constitution and the Administrative Procedure Act (APA). The court reviewed the case de novo, focusing on whether the ALJ’s decision was supported by substantial evidence and correctly applied the law.The Sixth Circuit held that the ALJ was entitled to reference the preamble to assess the credibility of expert opinions and found that the ALJ’s decision was supported by substantial evidence. The court noted that the BLBA’s rebuttable presumption is constitutional, as it is based on a rational relationship between the length of a miner’s career and the risk of pneumoconiosis. The court concluded that Incoal’s arguments were unpersuasive and that the ALJ applied the correct legal principles. Consequently, the court denied Incoal’s petition for review. View "Incoal, Inc. v. OWCP" on Justia Law

The case involves the Pennsylvania Professional Liability Joint Underwriting Association (JUA), which was established by the General Assembly of the Commonwealth of Pennsylvania nearly fifty years ago to address a medical malpractice insurance crisis. The JUA acts as a professional liability insurer of last resort for high-risk medical providers and is funded solely by premiums paid by its policyholders. Over the years, the JUA has accumulated a surplus of about $300 million through investments. From 2016 to 2019, the Commonwealth attempted to transfer the JUA’s surplus to the General Fund or assume control of the JUA through legislative actions.The United States District Court for the Middle District of Pennsylvania reviewed the case multiple times. In 2017, the JUA sued the Governor after the enactment of Act 44, which mandated the transfer of $200 million from the JUA to the General Fund. The District Court granted a preliminary injunction and later summary judgment in favor of the JUA, holding that the JUA was a private entity and that the Act violated the Takings Clause. In 2018, after the enactment of Act 41, which placed the JUA under the control of the Insurance Department and mandated the transfer of all its assets, the JUA again sued. The District Court ruled in favor of the JUA, reiterating its earlier decision. In 2019, the JUA challenged Act 15, which required the JUA to be funded by the Commonwealth and categorized it as a Commonwealth agency. The District Court granted partial summary judgment for the JUA, holding that certain provisions of Act 15 constituted a regulatory taking and violated the First Amendment.The United States Court of Appeals for the Third Circuit reviewed the case and applied the principles from Trustees of Dartmouth College v. Woodward to determine whether the JUA is a public or private entity. The Court concluded that the JUA is a public entity because it was created to serve a public purpose, exercises the Commonwealth’s coercive power, and only the Commonwealth has a legally protectable interest in the JUA. Consequently, the JUA cannot assert constitutional claims against the Commonwealth. The Court reversed the District Court’s rulings in part, affirmed in part, and remanded for further proceedings. View "Pennsylvania Professional Liability Joint Underwriting Association v. Governor of Pennsylvania" on Justia Law

Enriqueta Diaz, a former county judge and resident of Maverick County, opposed the issuance of certificates of obligation for water and sewer improvements by the Maverick County Commissioners Court. She collected signatures on a petition to force an election on the issue. Despite her petition, the commissioners decided to issue the certificates without holding an election. During the meeting, Diaz heckled the commissioners, leading County Judge English Cantu to hold her in contempt and order her removal. Diaz was detained outside in the rain for several hours and later sentenced to 24 hours in jail, though she was released without being confined.Diaz filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Western District of Texas, seeking damages for false imprisonment and bystander liability against County Judge English Cantu and three county commissioners. The district court denied the defendants' motion to dismiss, rejecting their claims of state sovereign immunity, judicial immunity, and qualified immunity. The defendants appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that constitutional county judges in Texas are not entitled to state sovereign immunity as they are considered local rather than state officers. The court also determined that English Cantu was not entitled to judicial immunity because he was acting in an administrative capacity, not a judicial one, during the commissioners court meeting. Additionally, the court found that English Cantu was not entitled to qualified immunity because he acted without discretionary authority in holding Diaz in contempt. However, the court reversed the district court's denial of qualified immunity for the commissioners on the bystander liability claims, as the law was not clearly established that they had a duty to intervene. The case was remanded for further proceedings. View "Diaz v. Cantu" on Justia Law

Patricia Burnette Chastain was appointed as the clerk of superior court in Franklin County in May 2013 and was subsequently elected to the position in November 2013 and reelected in 2017. In July 2020, an attorney named Jeffrey Thompson filed an affidavit requesting an inquiry into Ms. Chastain's conduct, alleging various instances of misconduct, including distributing gift certificates to jurors, allowing a judicial candidate to address a jury, and acting unprofessionally with correctional officers, among other allegations.Judge John M. Dunlow initially suspended Ms. Chastain and set a hearing date. However, due to a conflict of interest, Judge Dunlow and another judge were recused, and Judge Thomas H. Lock was appointed to preside over the removal inquiry. After an evidentiary hearing, Judge Lock issued an order in October 2020 permanently removing Ms. Chastain from her position based on findings of willful misconduct. Ms. Chastain appealed, and the Court of Appeals vacated the order, holding that Judge Lock lacked authority under Article IV of the North Carolina Constitution to remove her and remanded the case for reconsideration under Article VI.The Supreme Court of North Carolina reviewed the case and held that Judge Lock had the authority to preside over the removal proceeding as a replacement for the recused senior regular resident superior court judge. The court also held that procedural due process requires that removal be based only on conduct identified in the initiating affidavit. Furthermore, the court clarified that the standard for removal under Article IV is "misconduct," not "willful misconduct." The Supreme Court vacated the Court of Appeals' decision and remanded the case for reconsideration of removal under the proper standards. The court also noted that discretionary review was improvidently allowed regarding the procedure for disqualification under Article VI. View "In re Chastain" on Justia Law

The plaintiffs in this case are retail pet stores, a dog broker, and a dog breeder who want to sell dogs through physical retail stores in Maryland. However, a Maryland law restricts their ability to do so. The plaintiffs sued, alleging that the Maryland statute is preempted by the federal Animal Welfare Act (AWA) and violates the Commerce Clause of the United States Constitution.The United States District Court for the District of Maryland dismissed the plaintiffs' complaint, concluding that they failed to state plausible claims. The plaintiffs then appealed to the United States Court of Appeals for the Fourth Circuit.The Fourth Circuit reviewed the case de novo and affirmed the district court's decision. The court held that the AWA does not preempt the Maryland statute because the AWA expressly contemplates state and local regulation on the same subject. The court also found that the Maryland statute does not pose an impermissible obstacle to achieving the purposes and objectives of the AWA.Regarding the Commerce Clause claims, the court held that the Maryland statute does not discriminate against interstate commerce in purpose or effect. The statute applies equally to in-state and out-of-state breeders and brokers, and it does not prohibit the flow of interstate goods or place added costs upon them. The court also found that the statute does not violate the Pike balancing test because the plaintiffs failed to plausibly allege that the statute imposes a substantial burden on interstate commerce that is clearly excessive in relation to its putative local benefits.In conclusion, the Fourth Circuit affirmed the district court's dismissal of the plaintiffs' complaint, holding that the Maryland statute is not preempted by the AWA and does not violate the Commerce Clause. View "Just Puppies, Inc. v. Brown" on Justia Law

Lloyd Gerald Napouk was fatally shot by two Las Vegas Metropolitan Police Department officers after they responded to reports of a man behaving suspiciously in a residential neighborhood with what appeared to be a long, bladed weapon. The officers attempted to engage Napouk, who refused to follow their commands and advanced towards them multiple times. When Napouk came within nine feet of one of the officers, both officers fired their weapons, killing him. The weapon turned out to be a plastic toy fashioned to look like a blade.Napouk’s parents and estate sued the officers and the Las Vegas Metropolitan Police Department, alleging excessive force in violation of the Fourth Amendment, deprivation of familial relations in violation of the Fourteenth Amendment, municipal liability based on Monell v. Department of Social Services, and Nevada state law claims. The United States District Court for the District of Nevada granted summary judgment for the defendants, determining that the officers’ use of force was reasonable as a matter of law.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment. The court held that the officers were entitled to qualified immunity from the Fourth Amendment excessive force claim because Napouk posed an immediate threat to the officers, and no rational jury could find the officers’ mistake of fact regarding the weapon unreasonable. The court also held that the plaintiffs’ Fourteenth Amendment claim failed because there was no evidence that the officers acted with anything other than legitimate law enforcement objectives. Additionally, the plaintiffs’ Monell claims failed due to the absence of a constitutional violation, and the state law claims failed because the officers were entitled to discretionary-function immunity under Nevada law. View "Napouk v. Las Vegas Metropolitan Police Department" on Justia Law

Plaintiffs Tati Abu King and Toni Heath Johnson were unable to register to vote in Virginia due to felony convictions. King was convicted of felony drug possession in 2018, and Johnson was convicted of multiple felonies, including drug possession, in 2021. Virginia's constitution disenfranchises individuals convicted of felonies unless their civil rights are restored by the Governor or other appropriate authority. King and Johnson argued that this disenfranchisement violated the Virginia Readmission Act, a federal statute from 1870, which they claimed restricted Virginia from amending its constitution to disenfranchise individuals for crimes that were not felonies at common law in 1870.The United States District Court for the Eastern District of Virginia dismissed three of the four counts in the plaintiffs' complaint for failure to state a claim but allowed one count based on the Virginia Readmission Act to proceed. The defendants, including various state election officials and the Governor of Virginia, moved to dismiss the complaint on sovereign immunity grounds, which the district court rejected.The United States Court of Appeals for the Fourth Circuit reviewed the case and held that the plaintiffs' claim met the requirements of the Ex parte Young doctrine, which allows suits for prospective relief against state officials to prevent ongoing violations of federal law. The court affirmed the district court's decision to allow the claim to proceed against most defendants but reversed the decision regarding the Governor of Virginia and the Secretary of the Commonwealth, finding that they lacked enforcement responsibility for the challenged state action. The court concluded that the Governor and Secretary must be dismissed from the case on sovereign immunity grounds. The district court's order was thus affirmed in part and reversed in part. View "King v. Youngkin" on Justia Law

King County, Washington, issued Executive Order PFC-7-1-EO, which directed county officials to ensure that future leases at Boeing Field prohibit fixed base operators (FBOs) from servicing U.S. Immigration and Customs Enforcement (ICE) charter flights. This order was based on the county's disagreement with federal immigration policies. Following the issuance of the order, all three FBOs at Boeing Field ceased servicing ICE flights, forcing ICE to relocate its operations to Yakima Air Terminal, which increased operational costs and security concerns.The United States District Court for the Western District of Washington granted summary judgment for the United States, finding that the Executive Order violated both the Supremacy Clause’s intergovernmental immunity doctrine and a World War II-era contract reconveying Boeing Field to King County. The district court concluded that the Executive Order discriminated against the federal government and its contractors and breached the Instrument of Transfer, which required King County to allow the United States nonexclusive use of the landing area at Boeing Field.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s decision. The Ninth Circuit held that the United States had Article III standing to bring the suit, as it had suffered concrete and particularized injuries due to the increased operational costs and imminent risk of future injury from the Executive Order. The court also found that the United States’ claims were ripe for adjudication.The Ninth Circuit concluded that the Executive Order violated the Instrument of Transfer by preventing ICE from using Boeing Field, thus breaching the contractual right of the United States to use the airport. Additionally, the court held that the Executive Order violated the intergovernmental immunity doctrine by improperly regulating federal operations and discriminating against the federal government and its contractors. The court rejected King County’s defenses, including the anti-commandeering and market participant doctrines. The judgment of the district court was affirmed. View "USA V. KING COUNTY" on Justia Law