Last Week in Federal Appeals (No. 36)
Last Week in Federal Appeals (No. 36)
Appellate decisions from the week of October 24-28, 2022
“Senator Graham has failed to demonstrate that this approach will violate his rights under the Speech and Debate Clause. . . . [The topics a district court permitted the grand jury to probe] could not qualify as legislative activities under any understanding of Supreme Court precedent.”
~Per Curiam 11th Circuit Order Denying Senator Lindsay Graham’s stay request
Decision Summaries
Supreme Court of the United States
Justice Thomas issued an order staying a subpoena compelling Senator Graham to testify in a Georgia criminal investigation into alleged election interference by former President Trump. The order blocked the subpoena pending further order from the Supreme Court and ordered Georgia prosecutors to respond by last Thursday.
Justice Kagan issued an order staying the January 6 Committee’s subpoena for cell phone records belonging to the head of the Arizona GOP. The order blocked the subpoena pending furhter order from the Supreme Court and ordered the Committee to respond by last Friday.
Second Circuit
Conyers v. Williams
The Second Circuit affirmed a district court decision denying qualified immunity to prison officials who restricted group prayer to the prison’s chapel despite knowing the facility was frequently unavailable. The panel explained that, because the pleadings did not show that enforcing policy served a compelling interest, granting qualified immunity as to several prisoners’ Religious Freedom Restoration Act claims was not appropriate.
Sixth Circuit
Lamb v. Kendrick
The Sixth Circuit reversed a district court’s decision dismissing a prisoner’s Section 1983 claim. The panel held that the case could not be dismissed for failure to exhaust administrative remedies where prison officials barred the inmate’s access to those remedies by, among other things, transferring him to more restrictive confinement, refusing to provide grievance forms, and attempting to convince him doing so would be futile.
Seventh Circuit
Shaw v. Kemper
The Seventh Circuit reversed a district court’s decision dismissing a prisoner’s Americans with Disabilities Act claim. The panel held that the prisoner had stated a claim based on his inability to access a handicapped restroom. The prisoner deffecated on himself multiple times because the prison failed to stop non-handicapped prisoners from using the handicapped restroom.
Any opinions expressed here are my own. This article is not legal advice; if you have a legal issue, you should consult an attorney.
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