Criminal Law Library Blog
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March 30 – April 3, 2009:
U.S. 2nd Circuit Court of Appeals, April 01, 2009 Garcia v. Yonkers Sch. Dist. , No. 07-3167 In an First Amendment action between students and school district, district court’s grant of attorney’s fees to plaintiff is reversed where plaintiffs were not prevailing parties in the matter as the court did not issue a preliminary injunction or a temporary restraining order and therefore there was no basis for according prevailing party status. ..
U.S. 4th Circuit Court of Appeals, April 02, 2009 Andrew v. Clark, No. 07-1184 In a 42 U.S.C. section 1983 action alleging that Defendants violated Plaintiff’s First Amendment rights by retaliating against him for releasing an internal police memorandum, the complaint’s dismissal is vacated, where there was a dispute as to whether Plaintiff released the memorandum as part of his official duties.
U.S. 1st Circuit Court of Appeals, March 30, 2009 Coors Brewing Co. v. Méndez-Torres, No. 07-2682 In an action challenging a beer tax exemption as unconstitutional under the Commerce Clause, district court’s grant of defendant’s motion to dismiss is reversed and remanded where: 1) the court erred in finding that the decision of the jurisdictional issue in the earlier Calderón action precluded consideration of that issue in the current suit; 2) plaintiff’s action is not barred by the Butler Act limiting federal jurisdiction in Puerto Rico or by principles of comity; 3) the PR Supreme Court’s decision in Brewers does not provide a basis for granting defendant’s motion to dismiss; and 4) defendant failed to meet the burden of showing sufficient privity between plaintiff and plaintiff’s PR beer distributor, and thus the the prior final judgment involving the distributor does not preclude the present action.
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