Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
New cert petition: Humboldt County, Calif. fines people millions of dollars for things they didn’t do because it doesn’t care if they are innocent. For instance, it fined IJ clients Corrine and Douglas Thomas over $1 mil a mere six days after they bought their home (with a clean title) because the county believes a prior owner grew cannabis. Now, IJ is asking the Supreme Court to revisit its 1916 decision that the Seventh Amendment’s guarantee of a jury trial in suits at common law—a bulwark against tyranny for 800 years—does not apply to the states. As it stands, the county need not present its case to a jury of the Thomases’ peers; rather, it’d be heard by lawyers hired by Humboldt County. Phooey!
New on the Short Circuit podcast: In jail without trial and death row without all the DNA tests.
- Boston police officer is found dead in the front yard of his friend’s house amid a nor’easter. Investigators conclude that the man’s girlfriend ran him over with her car and left him to die. (Perhaps you’ve seen the docuseries or read the Vanity Fair longreads.) A jury hangs at the first trial, and her second trial is now under way. Throngs of demonstrators (both pro- and anti-girlfriend) have shown up for the trials, leading the state court to create a buffer zone around the courthouse. First Circuit: And to the extent that that prohibits quiet, offsite demonstrations on public property directed toward non-trial-participants, that raises some First Amendment problems.
- Buffalo, N.Y. detective feeds nonpublic information about a 2004 double murder to a schizophrenic man, who then “confesses” and spends over 10 years in prison before being exonerated. (The real culprits have since been caught and convicted.) Second Circuit: No need to disturb the $6.5 mil verdict against the detective.
- Newburgh, N.Y. man buys a house in 2006 but falls behind on his taxes. After several years of paying some back to the city he can’t keep up and it forecloses on the place, with him still owing over 92 G’s in tax. The city turns around and sells it for a tidy $350k. Does it owe him the difference? Second Circuit: It might. Reversed and remanded.
- Mohsen Mahdawi, the Columbia University undergraduate whom the Trump administration is trying to deport because of his on-campus criticism of Israel, will be attending his graduation ceremony on May 21. The Second Circuit rebuffed the administration’s efforts to keep him locked up while he challenges his removal proceedings.
- In 2020, amid a torrent of lawsuits uncovering decades of sexual abuse, the Boy Scouts of America declared bankruptcy. This week, the Third Circuit largely affirmed that plan, rejecting arguments by some claimants that the plan improperly releases their claims against nondebtors without their consent.
- At George Floyd protest in Grand Rapids, Mich., protester who approached police line is met with burst of pepper spray. As he turns away, another officer fires a special munition that’s meant for crowd control at long distance, striking him in the shoulder. Excessive force? Sixth Circuit: No QI for the special munition. It’s deadly force at that range. Dissent: There’s no case on point.
- Citizen journalist from South Bend, Ind. challenges state law that empowers police to order him to move 25 feet away from them, which interferes with his filming them. Seventh Circuit: Actually,
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
