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Capp v. County of San Diego
Defendant not entitled to qualified immunity because plaintiff pled a plausible First Amendment retaliation claim; thus, district court's dismissal reversed in part. 		Constitutional Law 9th Sep. 3, 2019
U.S. v. Town of Colorado City
For civil rights statutes, 'respondeat superior' liability applies and therefore a city may be liable for the unconstitutional conduct of its police officers or agents. 		Constitutional Law 9th Aug. 27, 2019
Edmo v. Corizon
Prisoner established that 'course of treatment' chosen to alleviate her gender dysphoria 'was medically unacceptable under the circumstances' and thus established Eighth Amendment claim. 		Constitutional Law 9th Aug. 26, 2019
Modification: Cal. Advocates for Nursing Home Reform v. Smith
Although Health and Safety Code Section 1418.8 was unconstitutional on its face because it lacked a notice requirement, the court remanded with directions to implement procedural safeguards preserving its constitutionality. 		Constitutional Law 1DCA/4 Aug. 23, 2019
U.S. v. Cano
Border search exception does not permit warrantless, suspicionless forensic search of defendant's cell phone. 		Constitutional Law 9th Aug. 19, 2019
National Association for Gun Rights v. Mangan
Montana's disclosure requirements relating to electioneering communications survived exacting scrutiny under the First Amendment, which does not categorically allow states to require disclosure only with respect to express advocacy. 		Constitutional Law 9th Aug. 13, 2019
People v. Ovieda
Community caretaking exception to Fourth Amendment's prohibition on warrantless searches established by lead opinion of 'People v. Ray' is abolished and officers lacked objective facts justifying warrantless entry. 		Constitutional Law CASC Aug. 13, 2019
White v. Square, Inc.
Standing under Unruh Civil Rights Act claim extends to plaintiff who visited business's website, encountered discriminatory terms, and intended to make use of the business's services. 		Constitutional Law CASC Aug. 13, 2019
Davis v. Guam
Where ancestry is 'so closely associated with express racial classification,' use of ancestry-based criteria to limit voter participation in plebiscite violates Fifteenth Amendment. 		Constitutional Law 9th Jul. 30, 2019
United States v. Ochoa
Special condition was not unconstitutionally overbroad because it properly abridged defendant's right to free speech in order to effectively address his sexual deviance problem. 		Constitutional Law 9th Jul. 30, 2019
The Koala v. Khosla
Where complaint alleges that State singled out press by withholding subsidy in response to disfavored speech, complaint alleges viable Free Press Clause cause of action. 		Constitutional Law 9th Jul. 25, 2019
Cal. Advocates for Nursing Home Reform v. Smith
Although Health and Safety Code Section 1418.8 was unconstitutional on its face because it lacked a notice requirement, the court remanded with directions to implement procedural safeguards preserving its constitutionality. 		Constitutional Law 1DCA/4 Jul. 24, 2019
Sacramentans for Fair Planning v. City of Sacramento
Project approval under general plan policy authorizing more intense development than zoning otherwise allowed was rationally related to city's legitimate goal of obtaining quality infill development that provided significant community benefit. 		Constitutional Law 3DCA Jul. 22, 2019
Disability Rights Montana v. Batista
Plaintiff's complaint, which described the horrific treatment of prisoners, was supported by factual allegations more than sufficient to 'state a claim to relief that was plausible on its face.' 		Constitutional Law 9th Jul. 22, 2019
Center for Bio-Ethical Reform v. The Irvine Co.
Ban on 'grisly and gruesome' images constituted a content-based restriction, did not survive strict scrutiny, and was thus unconstitutional. 		Constitutional Law 4DCA/3 Jul. 5, 2019
Edge v. City of Everett
Because wearing pasties and g-strings while working at Quick-Service Facilities is not 'expressive conduct' within the meaning of the First Amendment, City's Dress Code Ordinance did not burden protected expression. 		Constitutional Law 9th Jul. 5, 2019
CTIA v. City of Berkeley
Challenged Berkeley ordinance was reasonably related to substantial governmental interest in public health and safety and its text was literally true, so it survived plaintiff's First Amendment challenge. 		Constitutional Law 9th Jul. 3, 2019
Amalgamated Transit Union Local 1015 v. Spokane Transit Authority
Appellant unreasonably rejected union's proposed advertisement in violation of the union's First Amendment rights; thus, district court's judgment affirmed. 		Constitutional Law 9th Jul. 3, 2019
Mitchell v. Wisconsin
Wisconsin statute assuming unconscious drivers' consent to blood test for drugs or alcohol provided an exception to the Fourth Amendment's warrant requirement for blood draws. 		Constitutional Law USSC Jun. 28, 2019
Tennessee Wine and Spirits Retailers Assn. v. Thomas
Section 2 of Twenty-First Amendment does not confer limitless authority to regulate alcohol trade; thus, under dormant Commerce Clause, State's two year residency requirement for license to operate liquor store was unconstitutional. 		Constitutional Law USSC Jun. 27, 2019
In re J.M.
The First Amendment's protection of free speech does not extend to protecting malicious statements that have the ability to provoke an immediate breach of peace, including false bomb threats. 		Constitutional Law 5DCA Jun. 26, 2019
Iancu v. Brunetti
Lanham Act's 'immoral or scandalous' bar to trademark registration under Section 1052(a) was viewpoint-based and unconstitutional under the First Amendment. 		Constitutional Law USSC Jun. 25, 2019
McDonough v. Smith
The statute of limitations for fabricated evidence claim under Section 1983 began to run when the criminal proceedings against plaintiff terminated in his favor. 		Constitutional Law USSC Jun. 24, 2019
American Legion v. American Humanist Assn.
The Bladensburg Cross did not violate establishment clause of the First Amendment because the cross became a symbol of fallen World War I soldiers' sacrifice. 		Constitutional Law USSC Jun. 24, 2019
Knick v. Township of Scott
State-litigation requirement under 'Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City' imposes an unjustifiable burden on takings plaintiffs, conflicts with the rest of takings jurisprudence, and must be overruled. 		Constitutional Law USSC Jun. 24, 2019
North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust
Beneficiaries' residence could not, consistent with due process, serve as the sole basis for State's tax on trust income; thus, tax violated due process. 		Constitutional Law USSC Jun. 24, 2019
Park Management Corp. v. In Defense of Animals
Under the California Constitution, private property, such as amusement park entrances, is considered a public forum if the property is open to the public identical to public streets or parks. 		Constitutional Law 1DCA/2 Jun. 24, 2019
Virginia Uranium, Inc. v. Warren
Atomic Energy Act contains no provision preempting state law; thus, it does not preempt Virginia's law banning uranium mining. 		Constitutional Law USSC Jun. 18, 2019
Manhattan Community Access Corp. v. Halleck
Operating public access channels on a cable system was not a traditional, exclusive public function; thus, petitioner was not a state actor subject to the First Amendment. 		Constitutional Law USSC Jun. 18, 2019
Duguid v. Facebook
Telephone Consumer Protection Act's exception for calls 'made solely to collect a debt owed to or guaranteed by the United States' was content-based and violated First Amendment; thus, exception severed. 		Constitutional Law 9th Jun. 14, 2019
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