Flood v. ClearOne Communications, Inc., No. 09-4017, involved defendant’s appeal from a preliminary injunction requiring defendant-corporation to advance attorney fees and costs to its former CEO, who was then facing a criminal trial. The court vacated the order on the ground that the district court misread the parties’ contract as a matter of law, disregarding [...]
Flood v. ClearOne Communications, Inc., No. 09-4017, involved defendant’s appeal from a preliminary injunction requiring defendant-corporation to advance attorney fees and costs to its former CEO, who was then facing a criminal trial. The court vacated the order on the ground that the district court misread the parties’ contract as a matter of law, disregarding [...]
Deutsch v. Jordan, No. 09-8042, involved an action bringing federal civil-rights and state-law claims against the City of Laramie, Wyoming, based on plaintiff’s termination as police chief. The court affirmed in part the denial of summary judgment for defendant, holding that 1) not only was speech alleging that the police chief misused city funds ordinarily [...]
Deutsch v. Jordan, No. 09-8042, involved an action bringing federal civil-rights and state-law claims against the City of Laramie, Wyoming, based on plaintiff’s termination as police chief. The court affirmed in part the denial of summary judgment for defendant, holding that 1) not only was speech alleging that the police chief misused city funds ordinarily [...]
American Atheists, Inc. v. Duncan, No. 08-4061, involved an Establishment Clause Challenge to the decision of the Utah Highway Patrol Association, with the permission of Utah state authorities, to erect a number of twelve-foot high crosses on public land to memorialize fallen Utah Highway Patrol troopers. The court reversed summary judgment for defendants on the [...]
American Atheists, Inc. v. Duncan, No. 08-4061, involved an Establishment Clause Challenge to the decision of the Utah Highway Patrol Association, with the permission of Utah state authorities, to erect a number of twelve-foot high crosses on public land to memorialize fallen Utah Highway Patrol troopers. The court reversed summary judgment for defendants on the [...]
Lundstrom v. Romero, No. 08-2254, concerned a civil rights action claiming a prolonged detention of plaintiffs. The court reversed summary judgment for defendant-officers, holding that plaintiffs alleged facts sufficient to demonstrate the officers violated their clearly established constitutional rights because, while the circumstances the officers confronted initially supported a brief investigatory detention, objectively reasonable officers [...]
Stearns v. Clarkson, No. 09-3103, involved an action arising out of plaintiff’s arrest and strip search. The court affirmed in part the denial of defendants’ motion for summary judgment, holding that the facts would not lead a reasonable person to conclude that probable cause existed to arrest plaintiff for disorderly conduct. However, the court reversed in [...]
Stearns v. Clarkson, No. 09-3103, involved an action arising out of plaintiff’s arrest and strip search. The court affirmed in part the denial of defendants’ motion for summary judgment, holding that the facts would not lead a reasonable person to conclude that probable cause existed to arrest plaintiff for disorderly conduct. However, the court reversed in [...]
Stearns v. Clarkson, No. 09-3103, involved an action arising out of plaintiff’s arrest and strip search. The court affirmed in part the denial of defendants’ motion for summary judgment, holding that the facts would not lead a reasonable person to conclude that probable cause existed to arrest plaintiff for disorderly conduct. However, the court reversed in [...]