Friday, March 14, 2014

First Circuit: Court affirmed dismissal of 4th Amendment claim against police officers based on qualified immunity in light of the “community care taking exception” to a search warrant where officers responded to a call from a concerned neighbor, saw the door to the plaintiff’s house standing wide open, announced their presence without receiving a reply, and proceeded to enter the home to ensure that nothing was amiss, and searched the home.
First Circuit: In affirming summary judgment for employer on First Amendment claim, the court found insufficient evidence that plaintiff’s 1st-Amendment-protected activity was a substantial or motivating factor in her job transfer
Sixth Circuit: Court reversed summary judgment on Title VII retaliation claim, noting standard for Title VII retaliation, requiring “materially adverse action,” is less than for section 1983 1st Amendment claim, requiring “adverse employment action”
US District Court ME: Magistrate Judge recommended denial of summary judgment on Maine State Prison inmate’s 8th Amendment claim based on inmate’s failure to file grievance under Prison Litigation Reform Act where inmate was prevented from filing the grievance within 15 days of the alleged incident because he did not have access to information, including his handbook in which the grievance procedure is set forth, when his placement in the prison was changed immediately following the incident.

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