Justia Government & Administrative Law Opinion Summaries

Keepers appealed, and the City cross-appealed, from partial summary judgment awards. At issue are two questions related to Chapter 2.3 of Milford’s municipal code, which regulates “adult‐oriented establishments.” First, whether the district court improperly considered the affidavit of the police chief in granting partial summary judgment to the City. The court concluded that the district court did not “abuse its discretion” in considering the affidavit and therefore affirmed as to this issue. Second, whether the City’s requirement that sexually oriented businesses publicly post the names of their operators, officers, and significant owners violates the First Amendment. The court concluded that the district court should not have reached the merits of that issue, nor does this Court do so, because Keepers’ First Amendment challenge does not present a justiciable case or controversy under Article III of the U.S. Constitution. Even if Keepers originally had standing to challenge the public‐posting requirement based on its asserted right against compelled speech, the case has become moot on appeal. Therefore, the court vacated as to this issue and remanded with directions. View "Keepers Inc. v. City of Milford" on Justia Law

Plaintiff filed suit against defendants, alleging violation of his due process rights and that defendants acted arbitrarily and capriciously by terminating his employment. The district court dismissed his complaint for failure to state a claim and for lack of subject‐matter jurisdiction. The court agreed with the district court that plaintiff does not have a private right of action under the Due Process Clause of the sort recognized in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. Therefore, the court concluded that this claim was properly dismissed. However, the court found that the district court erred in determining that it lacked subject‐matter jurisdiction over plaintiff's claim under the Administrative Procedure Act (APA), 5 U.S.C. 702. Accordingly, the court affirmed in part, vacated in part, and remanded. View "Atterbury v. U.S. Marshals Service" on Justia Law