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Government retaliation against political candidates

  In Griggs v. Chickasaw County, Mississippi, the Fifth Circuit Court of Appeals again issued an opinion on the subject of government retaliation for the exercise of free speech. We previously wrote on these topics here and here. Today, we look at a situation in which a local government fired an employee because he intended [..]

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Retaliation in the workplace

We previously wrote here about retaliation against an employee who complains of discrimination. On June 28, 2019, the Fifth Circuit Court of Appeals issued its opinion in Kraft v. The University of Texas Medical Branch, et al. In that opinion, the Court applied the law of retaliation. The facts in Kraft. In May of 2014, [..]

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Section 1983 ratification claim

We previously wrote here about Section 1983 and the ratification theory of liability. On June 21, 2019, the Fifth Circuit Court of Appeals issued it opinion in Young v. Humphreys County and affirmed the lower court’s judgment based on that theory. The facts in Young On September 2, 2015, Plaintiff Carl Young bought three empty [..]

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Section 1983 – independent intermediary rule

In Buehler v. City of Austin, Texas, 824 F.3d 548 (5th Cir. 2016), the Fifth Circuit again applied its independent intermediary rule to a false arrest claim. The facts in Buehler are fairly simple. Officers of the Austin Police Department arrested Buehler on three occasions for interfering with police duties while he filmed APD interactions with [..]

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Removal to federal court – the forum defendant rule

Here, we look at the question of whether an out-of-state defendant can remove a state court action to federal court when an in-state party is also named as a defendant. Assume this scenario: Plaintiff Johnson sues Defendant Smith and Defendant Williams in Mississippi state court. The parties are residents of these states: -Johnson (Tennessee) -Smith [..]

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Uninsured motorists and sovereign immunity

On May 31, 2019, the Fifth Circuit Court of Appeals issued its opinion in McGlothin v. State Farm Mutual Insurance Company and addressed the question of whether Mississippi law required State Farm to pay an uninsured motorist claim when the driver of the other vehicle enjoyed immunity under the Mississippi Tort Claims Act (“MTCA”). The [..]

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New excessive force decision

On May 21, 2019, the United States Court of Appeals for the Fifth Circuit issued its opinion in Valderas v. City of Lubbock. The issue in that case was whether Valderas could maintain a Section 1983 claim for the use of excessive force by the police. Facts of the case. Lubbock police went to a [..]

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Arrest warrant issued on faulty affidavit

We recently wrote about a Section 1983 claim when a person was arrested based upon a false affidavit signed by a law enforcement officer. Today, we discuss another situation in which a faulty affidavit can give rise to a constitutional rights violation. On September 18, 2018, United States District Judge Carlton W. Reeves issued an [..]

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