Justia Government & Administrative Law Opinion Summaries

The Supreme Court reversed the opinion of the court of appeals affirming the decision of the Board of Trustees of the Kentucky Retirement Systems denying Edward Elder's application for disability retirement benefits, holding that the circuit court and the court of appeals misinterpreted this Court's holding in Kentucky Retirement Systems v. West, 413 S.W.3d 578 (Ky. 2013).Elder applied for disability retirement benefits due to a genetic disorder. Systems denied benefits because Elder submitted no pre-employment medical records. In affirming Systems' denial of benefits, the circuit court read West to require submission of pre-employment medical records to prove a disabling condition was asymptomatic and reasonably undiscoverable prior to hiring. The court of appeals affirmed the circuit court's reading of West and its denial of Elder's claim for disability retirement benefits. The Supreme Court reversed and remanded the case, holding that West imposed no requirement that a claimant submit pre-employment records to disprove the pre-existence of his genetic disorder. View "Elder v. Kentucky Retirement Systems" on Justia Law

The Supreme Court answered a certified question by holding that a mass shooting committed by Patrick Dell was a single "incident or occurrence" for purposes of Fla. Stat. 768.28(5) and that the cumulative liability for all claims of injury resulting from the incident may not exceed the aggregate cap of $200,000 set forth in section 768.28(5).Dell fatally shot his former wife and four of her children and severely wounded a fifth child. Plaintiffs, the two fathers of the deceased and injured children, sued the Florida Department of Children and Families (DCF) alleging wrongful death and negligence. The trial court granted partial summary judgment for Plaintiffs and determined that each wrongful death or personal injury claim was eligible for the $100,000 per person and $200,000 per claim limitation found in section 768.28(5). The court of appeal reversed, concluding that the claims arose from the same incident of negligence, and therefore, the $200,000 cap per incident or occurrence applied to limit recovery for all claims. The Supreme Court approved of the court of appeal's result, holding that the claims stemming from the mass shooting of Dell's victims were subject to the $200,000 aggregate cap for damages paid by the State, its agencies, or subdivisions. View "Barnett v. State, Department of Financial Services" on Justia Law

Named plaintiffs filed a two-count class-action complaint on behalf of “all residents of the City of Chicago who have resided in an area where the City has replaced water mains or meters between January 1, 2008, and the present.” The complaint raises claims of negligence and inverse condemnation in relation to the replacement of water meters and water main pipes, as well as the partial replacement of lead service lines that run between the water mains and residences throughout Chicago. The complaint claimed the city’s actions created an increased risk that lead will be dislodged or leach from the residents’ individual service lines. The appellate court reversed the dismissal of the complaint.The Illinois Supreme Court reinstated the dismissal. The complaint did not allege that anyone is suffering from any physical impairment, dysfunction, or physically disabling consequence caused by the city's actions. An increased risk of harm is not, itself, an injury consistent with the traditional understanding of tort law. The plaintiffs have alleged only that the replacement of water mains and meters has made the proposed class members’ property “more dangerous.” The concept of “dangerousness” is not susceptible to objective measurement and, thus, cannot by itself constitute damage under the Illinois takings clause. View "Berry v. City of Chicago" on Justia Law

Alita, her son, and her stepfather died in a fire that engulfed their Philadelphia apartment. With the building already burning, Alita had called 911. A fire department operator instructed her to remain inside, promising help was on the way. Firefighters initially drove to the wrong location and, at the scene, never learned that the family was waiting. The firefighters extinguished the blaze without a search, leaving all three trapped in their home where they perished from smoke inhalation. Days passed before firefighters returned and discovered their bodies. Their estates sued the city and two fire department employees.The Third Circuit affirmed the dismissal of the suit. The state-created danger theory does not apply. The dispatcher did not act affirmatively to create the danger, but only failed to communicate the family’s location, and the operator’s behavior did not shock the conscience. The employees neglected to relay the information through error, omission, or oversight. There is no plausible allegation that the city was deliberately indifferent to anyone’s substantive due process rights. Rejecting a negligence argument based on the history of problems at the residence, and failure to fix the building’s fire hazards, the court reasoned that the city was immune from these claims because it had insufficient control over the building. View "Johnson v. City of Philadelphia" on Justia Law

Advanced Disposal Services South, LLC, Advanced Disposal Services Alabama Holdings, LLC, Advanced Disposal Services, Inc., Tallassee Waste Disposal Center, Inc., and Stone's Throw Landfill, LLC (collectively, "Advanced Disposal"), petitioned the Alabama Supreme Court for a writ of mandamus to order the Macon Circuit Court ("the trial court") to dismiss, an action filed by Jerry Tarver, Sr., because, they claimed, the action cannot proceed in the absence of the City of Tallassee ("the City") as a party. In May 2017, Tarver sued Advanced Disposal, the utilities board, and fictitiously named defendants seeking monetary damages as well as injunctive relief for exposure to allegedly contaminated water that had been illegally "discharged" into the river and ultimately sold by the utilities board for consumption by its customers. The complaint alleged Advanced Disposal unlawfully discharged its leachate into the City's stabilization pond, knowing that the leachate could not be properly treated before the resulting effluent was discharged into the river. Tarver also alleged Advanced Disposal discharged "pollutants" into various creeks and tributaries flowing into the river in violation of its storm-water discharge permit. The Alabama Supreme Court denied relief, finding that this action could proceed in equity and good conscience without the City. "The City's role in the underlying dispute potentially makes the City a joint tortfeasor with Advanced Disposal, the utilities board, and MCWA; it does not, however, make the City an indispensable party under the particular facts of this case." View "Ex parte Advanced Disposal Services South, LLC" on Justia Law

On October 25, 2011, Appellant Nicole B.’s then-eight-year-old son N.B. was sexually assaulted by three of his male fourth-grade classmates in a bathroom at his public elementary school in the City of Philadelphia. According to Appellant, N.B. had endured two months of pervasive physical and verbal harassment at school leading up to the sexual assault. During that time, both Appellant and N.B. reported the harassment to his teacher and to school administrators, to no avail. In November 2011, Appellant withdrew N.B. from the elementary school after learning of the attack. Over two years later, in 2014, Appellant filed an administrative complaint with the Human Relations Commission against the Philadelphia School District (“District”) in her individual capacity and on N.B.’s behalf, asserting claims of discrimination on the basis of gender and race under the Pennsylvania Human Relations Act (“PHRA”). The Human Relations Commission rejected Appellant’s complaint as untimely, because it was filed beyond the 180-day time limit. In this appeal by allowance, the Pennsylvania Supreme Court considered whether principles of equitable tolling found in PHRA, or Pennsylvania’s Minority Tolling Statute (“Minority Tolling Statute”), applied to an otherwise untimely complaint. After review, the Supreme Court found the PHRA’s equitable tolling provision applied to a minor whose parent failed to satisfy the applicable statute of limitations for filing an administrative complaint prior to the minor reaching the age of majority. By this finding, the Court reversed the order of the Commonwealth Court. View "Nicole B. v. Philadelphia Sch. Dist., et al." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus ordering the Industrial Commission to vacate an award of medical-service reimbursement to Diana Garringer for a right reverse total-shoulder arthroplasty, holding that the Commission did not abuse its discretion.Garringer injured her right shoulder while working for Omni Manor. The next year, the Commission granted Garringer's request for medical-service reimbursement for a reverse total-shoulder arthroplasty. Omni Manor requested a writ of mandamus ordering the Commission to vacate its order granting the reimbursement request. The court of appeals denied the request. The Supreme Court affirmed, holding (1) the Commission correctly applied the standard set forth in State ex rel. Miller v. Industrial Commission, 643 N.E.2d 113 (Ohio 1994); and (2) the Commission did not abuse its discretion in considering certain evidence. View "State ex rel. Omni Manor, Inc. v. Industrial Commission" on Justia Law

Wagon Wheel Canyon Loop Trail (the Trail) is located in Thomas F. Riley Wilderness Park (the Park), a public park owned and operated by Orange County, California. Before the incident at issue in this case, a wooden lodgepole fence ran perpendicularly across the mid-point of the eastern half of the Trail loop, serving as an entrance and exit for the Trail, and created a physical barrier cyclists had to maneuver around when riding either north or south on the Trail. Plaintiff Sean Nealy “had ridden his bicycle on and along [the Trail] several times in the past, [and] knew of the existence of the [perpendicular] wooden lodgepole fence." At some point unknown to plaintiff, the lodgepole fence was replaced with new fencing, which consisted of wooden fenceposts or “pylons” between which were strung horizontally, gray colored wire cables. Like the original lodgepole fence, the new perpendicular fence “divided” the southern and northern portions of the Trail loop, “separating each direction of travel.” However, the new fence actually ended before it reached the boundary of the Trail, and there was an opening between the fence’s western-most post and the parallel fencing at the western edge of the Trail. Plaintiff, an experienced cyclist, was riding his bicycle on the Trail. He noticed the lodgepole fence had been removed, but did not see the wire cables strung between the new fenceposts. He mistakenly believed he could ride between the fenceposts, but instead, rode directly into the wire cables, where he was thrown over the handlebars and onto the ground, resulting in serious injuries. He sued the County, alleging (1) Negligence (Premises Liability)”; and “(2) Dangerous Condition of Public Property.” County demurred, asserting plaintiff’s claims were barred both by Government Code section 831.4’s “trail immunity” and section 831.7’s “hazardous activity immunity.” The trial court sustained the demurrer based on trail immunity, finding the new fencing was a “condition” of the Trail for which County was statutorily immune. Finding no reversible error, the Court of Appeal affirmed the trial court. View "Nealy v. County of Orange" on Justia Law

Defendants below, Sam Smith, director of the Calhoun County Department of Human Resources ("CCDHR"); Pamela McClellan, an adult-protective-services caseworker with CCDHR; and Teresa Ellis, McClellan's supervisor (referred to collectively as "petitioners"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the circuit court to vacate its order denying their motion for a summary judgment in a wrongful-death action filed by William David Streip ("David"), as the personal representative of the estate of his sister, Jerrie Leeann Streip ("Leeann"), and to enter a summary judgment in their favor on the basis of immunity. Leeann suffered from numerous serious physical, mental, and emotional conditions since birth; those conditions were exacerbated by brain surgery in 2013. Following that surgery, Leeann was released to a nursing-home facility before being discharged into the care of her father. Leeann subsequently reported to a CCDHR social worker that her father had raped her. As a result, an adult-protective-services case was opened under Alabama's Adult Protective Services Act ("the APSA"), and McClellan was assigned as Leeann's caseworker. Upon the conclusion of the ensuing investigation, CCDHR removed Leeann from her father's care. Leeann was placed at a Leviticus Place, a boarding home where she remained for approximately one week. There were no concerns about Leeann's well being, but McClellan was notified Leann had left Leviticus Place and did not return. A body located in Birmingham was later identified as Leeann's; her cause of death remains "undetermined." After review, the Alabama Supreme Court determined petitioners established they were entitled to statutory immunity. They had a clear legal right to a summary judgment in their favor on that ground. The trial court was accordingly directed to vacate its order denying the petitioners' motion for a summary judgment and to enter a summary judgment in the petitioners' favor. View "Ex parte Sam Smith" on Justia Law

The Mississippi Supreme Court accepted this case on certiorari review from the Court of Appeals. Shaun Seals worked for the Pearl River Resort; he alleged he was terminated for reasons relating to a work-related injury. Donna Brolick, Pearl River Resort’s director of employment compliance, was called as a witness at the hearing before an administrative judge (AJ). Brolick testified that she was previously vice president of human resources at Pearl River Resort at the time Seals’s position was phased out and he was let go in January of 2013. Brolick further testified that in 2012 the resort changed its management. Multiple upper-level positions were eliminated or consolidated. Seals’s position as director of transportation was one of several positions that were eliminated. The Workers' Compensation Commission reversed the AJ’s order. The Commission found that Seals had reached maximum medical improvement on November 13, 2015, but failed to prove any permanent disability or loss of wage-earning capacity for two reasons. The Commission found that Seals was let go for unrelated economic reasons, noting his receipt of severance pay and other benefits as well as the testimony and evidence adduced by the Resort. Seals appealed the Commission's decision to the Court of Appeals. The appellate court held the Commission was correct in its assessment of the date of maximum medical improvement but that the Commission erred by finding Seals failed to prove any loss of wage-earning capacity. The Court of Appeals reversed and remanded the decision of the Commission and directed the Commission to calculate Seals’s loss of wage-earning capacity and to award corresponding compensation. The Resort petitioned the Supreme Court for a writ of certiorari, which was granted. The Supreme Court adopted "the well-reasoned analysis of the opinion concerning maximum medical improvement," but was "constrained to reverse the Court of Appeals’ majority regarding loss of wage-earning capacity. Sufficient evidence supported the Commission’s decision that Seals had not suffered loss of wage-earning capacity." The Commission's decision was reinstated in toto. View "Seals v. Pearl River Resort & Casino" on Justia Law