Florida Lawyer News Services | Robbins Equitas

(Florida lawyer) Hensley v. Columbus

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(U.S. 6th Cir., Civil Procedure, Civil Rights, Government Law, Property Law & Real Estate) In an action alleging an unconstitutional taking of property, the dismissal of Plaintiffs’ claims is affirmed, where Plaintiffs knew of the taking more than two years before filing suit, and thus the statute of limitations expired.

Lebron v. Sanders

(U.S. 2d Cir., Civil Procedure, Criminal Law & Procedure, Habeas Corpus) In a habeus petition action, plaintiff’s motion for an extension of time to file motions to proceed in forma pauperis and for a certificate of appealability is granted where: 1) pro se plaintiff cannot access, without cost, from prison some of the federal case law that form a part of the substantive basis of the district court’s dismissal of his habeus petition; and 2) the court is concerned about the impact on the appearance of justice when pro se litigants may not have financial access to case authorities that form the basis of a court’s decision, thereby hampering the opportunities to understand and assert their legal rights. New local rules of the Southern and Eastern Districts of New York also oblige counsel to provide pro se litigants with copies of unreported decisions or decisions reported exclusively on computerized databases that are cited in their submissions to court.

Wasserman v. Rodacker

(U.S. D.C. Cir., Civil Procedure, Civil Rights, Government Law, Injury And Tort Law) In an action alleging false imprisonment by a police officer, summary judgment for Defendant is affirmed, where the U.S. properly substituted itself for Defendant officer under 28 U.S.C. section 2679(d)(1).

Alshafie v. Lallande

(Cal. App., Civil Procedure, Injury And Tort Law, Professional Malpractice) In a legal malpractice action, trial court’s dismissal for out-of-state plaintiff’s failure to post an undertaking to secure an award of costs is reversed where the trial court failed to follow a procedure that ensured plaintiff received a full and fair hearing on the question of whether he could afford to post a bond, and the matter is remanded for a new determination of plaintiff’s financial condition.

Golden Years Homestead, Inc. v. Buckland

(U.S. 7th Cir., Civil Procedure, Constitutional Law, Elder Law, Health Law, Injury And Tort Law) In a suit by a nursing home operator against Indiana State Department of Health inspectors alleging violations of its Fourth and Fourteenth Amendment rights, malicious prosecution and abuse of process, summary judgment for defendants is affirmed where: 1) although defendants focused on certain affirmative defenses and the sufficiency of proof on the federal claims, the defendants sought summary judgment on all claims, thus the district court’s order was not an improper sua sponte summary judgment on the state law claims; and 2) summary judgment was also appropriate on the merits since the state law claims required proof of malice or ulterior motive.

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