US Supreme Court

Jan 06, 2013 Timothy T. Coates Constitutional Law, Government Liability

Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc. (2013) 568 U.S. 78

United States Supreme Court held that the Ninth Circuit erred in holding the Los Angeles County Flood Control District liable for violations of the Clean Water Act

Apr 17, 2012 Kent L. Richland Constitutional Law

Filarsky v. Delia (2012) 566 U.S. 377 (amicus)

In a case that GMSR identified as a likely certiorari candidate and authored the sole amicus curiae brief supporting the certiorari petition, the Supreme Court reversed, holding that a private individual temporarily hired to carry out a public entity’s work is entitled to assert qualified immunity

Feb 22, 2012 Timothy T. Coates Constitutional Law, Government Liability

Messerschmidt v. Millender (2012) 565 U.S. 535

US Supreme Court held that the Los Angeles County Sheriff’s deputies were entitled to qualified immunity and thus could not be held personally liable for civil damages

Jun 23, 2011 Kent L. Richland, Edward L. Xanders (Ted) Constitutional Law

Stern v. Marshall (2011) 564 U.S. 462

The Supreme Court held that a bankruptcy court has statutory authority to enter final judgment on a debtor’s state-law counterclaims against a creditor, but that Article III of the United States Constitution makes the statutory grant unconstitutional. It also held that 28 U.S.C. section 157(b)(5), which specifies that district courts must order that “personal injury tort and wrongful death claims” be tried in district court, is not jurisdictional and creditors can consent, through their conduct, to a bankruptcy court resolving such claims.

Jan 26, 2009 Timothy T. Coates, Jeffrey E. Raskin Constitutional Law, Government Liability

Van de Kamp v. Goldstein (2009) 555 U.S. 335

Prosecutorial immunity applies to 42 U.S.C. § 1983 claims concerning the manner in which the prosecutor’s office implemented policies and training for jailhouse informants

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