Last Week in Federal Appeals (No. 53)
Last Week in Federal Appeals (No. 53)
Appellate decisions from the week of October 16-20, 2023
“[I]t has been clearly established for decades prior to Mr. Edger’s arrest that the police are free to ask questions, and the public is free to ignore them. . . . It was thus clearly established at the time of Mr. Edger’s arrest that [the officer] could not demand he produce physical identification. . . Under this set of facts and these precedents, no reasonable officer could interpret the law to permit Mr. Edger’s arrest for obstructing governmental operations. . . And this theory cannot support the grant of qualified immunity to the officers.”
Judge Wilson, Edger v. McCabe
Decision Summaries
Second Circuit
U.S. ex. rel. Quartararo v. Catholic Health Systems of Long Island, Inc.
The Second Circuit held that the Benefits Conversion Statute, 42 U.S.C. § 1320a-7b(a)(4), which prohibits misuse of Medicare and Medicade payments, is not violated where a recipient of a reimbursement payment is under no obligation to utilize the funds in any particular way. Thus, the panelrejected a relator’s claim that a healthcare organization violated the False Claims Act by using government funds to support multiple healthcare businesses under the same corporate structure.
Third Circuit
Huber v. Simons Agency, Inc.
The Third Circuit held that a plaintiff does suffer an injury sufficient to bring a claim under the Fair Debt Collection Practices Act when she received misleading information from a debt collection agency. This injury, the panel explained, stems from the confusion caused by the misleading information. In this case, the plaintiff adequately demonstrated that the misleading information caused her to incur the cost of hiring a financial advisor and delay repayment of her debts.
Logic Technology Development LLC v. FDA
Creating a circuit split with the Fifth Circuit, the Third Circuit upheld the Food and Drug Administration’s ban on menthol-flavored e-cigarettes. The panel found that the FDA’s decision waswell-backed by continued scientific judgments, and thus not “arbitrary and capricious” in violation of the Administrative Procedure Act.
Fifth Circuit
U.S. v. Harris
The Fifth Circuit vacated and remanded a district court’s order authorizing forcible medication of a criminal defendant so that he may be competent to stand trial. In its opinion, the panel emphasized the importance of the defendant’s religious liberty, and directed the district court to consider the defendant’s religious objection to psychiatric medication.
Ninth Circuit
Lake v. Fontes
The Ninth Circuit held that speculative allegations that voting machines may be hackable were insufficient to establish an injury in fact under Article III. Thus, in a per curium opinion, the panel affirmed the district court’s dismissal of plaintiff candidates’ claim that potential future hacking made electronic tabulation systems unconstitutional.
Eleventh Circuit
Edger v. McCabe
The Eleventh Circuit held that police officers are not entitled to qualified immunity where they arrested the plaintiff solely for refusing to produce his driver’s license. The panel found that this production was not required under state law and the arrest lacked any probable cause, which is a clearly established violation of the Constitution.
D.C. Circuit
U.S. v. Robertson
The D.C. Circuit declined to adopt a narrower definition of “corruptly” suggested by a defendant convicted for his participation in the riot that took place on January 6, 2021, at the United States Capitol. In affirming the conviction, the panel held that “corruptly” did not require the government to prove a specific intent for financial gain.
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