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Casos Recientes Derecho Constitucional Federal

1 de Octubre de 2007

Casos Sept 2007 Varios Circuitos EU Sobre Derecho Constitucional

CCONSTITUTIONAL LAW CASES• Ford Motor Credit Co. v. NYC Police Dep;t
• In Re: Lockheed Martin Corp.
• Ass'n of Cleveland Fire Fighters v. City of Cleveland
• Peet v. City of Detroit
• Experimental Holdings, Inc. v. Farris
• VanHorn v. Oelschlager
• City Line Joint Venture v. USU.S. 2nd Circuit Court of Appeals, September 24, 2007
Ford Motor Credit Co. v. NYC Police Dep;t, No. 06-4600
In case where defendant city sought to preclude plaintiff from participating in motor vehicle forfeiture proceedings, judgment that defendant both permit plaintiff to so participate and commence forfeiture actions within 25 days from the date that plaintiff makes a demand on the vehicle, and also granting deduction of 10% of proceeds of sale and permitting defendants to require a release from plaintiff, is affirmed over defendants' primary claim that plaintiff lacks a property interest in a seized vehicle. Para leer más vaya a http://caselaw.lp.findlaw.com/data2/circs/2nd/064600p.pdfU.S. 4th Circuit Court of Appeals, September 27, 2007
In Re: Lockheed Martin Corp., No. 06-1344
In case involving insurance coverage dispute and the right to a jury trial in an admiralty case, petition for writ of mandamus challenging order striking petitioner's request for a jury trial after it asserted compulsory counterclaims is granted as the Seventh Amendment was implicated here and petitioner was entitled to a jury trial. Para leer mas vaya a http://caselaw.lp.findlaw.com/data2/circs/4th/061344p.pdfU.S. 6th Circuit Court of Appeals, September 25, 2007
Ass'n of Cleveland Fire Fighters v. City of Cleveland, No. 06-3823
In an action brought by a firefighters union and members challenging Cleveland's residency requirement, grant of defendants' Rule 12(b)(6) dismissal motion is affirmed as: 1) a right to travel claim failed as prior cases have rejected such challenges; 2) under existing Supreme Court precedent, a facial equal protection challenge failed; 3) for purposes of an as-applied equal protection challenge, it was rational for the city to treat fire fighters differently from other city employees; and 4) a vagueness challenge failed as, to the extent that the requirement vested certain exemption authority in the city council, discriminatory enforcement was no more likely than in any other provision allowing the city council to pass legislation. Para leer más vaya a http://caselaw.lp.findlaw.com/data2/circs/6th/063823p.pdf U.S. 6th Circuit Court of Appeals, September 25, 2007
Peet v. City of Detroit, No. 05-1371, 05-1373
In an action brought under 42 U.S.C. section 1983 seeking damages from individual Detroit police officers for their alleged unconstitutional seizure and malicious prosecution of plaintiffs, summary judgment for defendants is affirmed as: 1) no reasonable juror could find that probable cause did not support one plaintiff's arrest; 2) plaintiffs failed to create a genuine issue of material fact regarding the existence of a city-wide custom or policy of unconstitutional treatment of witnesses; 3) plaintiff failed to properly raise a claim based on a failure-to-train theory; and 4) a subornation of perjury claim failed as it was meritless. Para leer más vaya a http://caselaw.lp.findlaw.com/data2/circs/6th/051371p.pdfU.S. 6th Circuit Court of Appeals, September 25, 2007
Experimental Holdings, Inc. v. Farris, No. 06-6394
In an action brought by a disappointed bidder under 42 U.S.C. section 1983 and state law alleging a deprivation of property without due process and violations of Kentucky law covering the award of public contracts, dismissal of the claims is affirmed as: 1) the procedural requirements of state lease procurement law do not afford plaintiff a property interest in getting the state to lease its real property; and 2) the Eleventh Amendment provides defendants immunity from state law claims to the extent they were brought in federal court. Para leer más vaya a http://caselaw.lp.findlaw.com/data2/circs/6th/066394p.pdf U.S. 8th Circuit Court of Appeals, September 26, 2007
VanHorn v. Oelschlager, No. 06-3761
An interlocutory appeal brought by the Secretary for the Nebraska State Racing Commission and three commissioners, which arose following denial of absolute, quasi-judicial immunity for claims brought against them in their official capacities, is dismissed for lack of jurisdiction as absolute, quasi-judicial immunity is not available to defendants for claims against them in their official capacities, and thus, they could not seek an interlocutory appeal from the denial of such.Para leer más vaya a http://caselaw.lp.findlaw.com/data2/circs/8th/063761p.pdfU.S. Fed. Circuit Court of Appeals, September 27, 2007
City Line Joint Venture v. US, No. 2006-5102
In an action against the government raising breach of contract and takings claims involving an HUD-insured loan used in developing a multi-family rental housing project, summary judgment for the government on the contract claim is reversed as the lower court's reliance on the sovereign acts doctrine as a basis for excusing the government's breach was misplaced. Para leer más vaya a  http://caselaw.lp.findlaw.com/data2/circs/fed/065102p.pdf 

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