November 30-December-4, 2009.
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U.S. 1st Circuit Court of Appeals, December 03, 2009 US v. Hersom, No. 07-2401 Defendant’s conviction for maliciously destroying by fire a building owned by an institution receiving Federal financial assistance in violation of 18 U.S.C. section 844(f) is affirmed where: 1) in general, the statute should be limited to arson of property acquired, renovated, or leased using federal financial assistance; 2) section 844(f) is constitutional and it applies to defendant’s conduct in this case; but 3) defendant’s sentence is vacated and remanded in light of US v. Giggey to determine whether defendant’s second career offender predicate is a crime of violence. ..
U.S. 1st Circuit Court of Appeals, December 03, 2009 Lopez v. Commonwealth of Massachusetts, No. 09-1664 In minority police officers’ disparate impact race claim under Title VII against a state agency that prepares and administers promotional examinations for local police officers under the state civil service system, their employers, various cities, and the Massachusetts Bay Transportation Authority (MBTA), district court’s denial of Eleventh Amendment immunity for the state defendants, the state of Massachusetts and a chief human resources officers of the Human Resources Division (HRD) in his official capacity, is reversed where: 1) the state defendants do not qualify as employers as that term is used in Title VII; 2) HRD cannot be deemed plaintiffs’ de facto employer as it exercised no control, direct or indirect, over the factors relevant to the common law agency test; and 3) plaintiffs’ alternate theories why HRD should be considered their employer under Title VII are rejected.
U.S. 4th Circuit Court of Appeals, December 02, 2009 Francis v. Giacomelli, No. 08-1908 In a case brought by a police commissioner and his deputies following a highly public dispute with the mayor of Baltimore resulting in the termination of their employment, dismissal of the action is affirmed as, based on the facts alleged in the complaint, the complaint fails to articulate any claim for relief that is plausible on its face. Furthermore, the mayor, against whom the allegations of due process violations were directed, is entitled to qualified immunity.
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