Summaries of Selected Opinions, 0220 COBJ, Vol. 49, No. 2 Pg. 79
| Position | Vol. 49, 2 [Page 79] |
U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT
No. 18-3159. Greer v. City of Wichita. 12/3/2019. D.Kan. Judge Bacharach. Uniformed Services Employment and Reemployment Rights Act—Failure to Interview—Promotion—Anti-Military Animus.
Plaintiff simultaneously served in the Navy Reserves and worked as a security guard for the Wichita Art Museum. She applied for a promotion at the museum but was denied an interview. She sued under the Uniformed Services Employment and Reemployment Rights Act (the Act). The district court granted summary judgment in the employer's favor.
On appeal, plaintiff challenged the grant of summary judgment. The Act prohibits employers from denying promotions because of an employee's military service. Here, based on the museum director's anti-military remarks, a fact finder could reasonably infer that plaintiff's military status was a motivating factor in denying her an interview. Further, given her statement on the application that she had supervisory experience, a fact finder could reasonably find that plaintiff would have been granted an interview if she had not been serving in the military. Thus, issues of material fact exist, and the district court erred in granting summary judgment.
The summary judgment was reversed.
No. 18-1486. Prison Legal News v. Federal Bureau of Prisons. 12/13/2019. D.Colo. Judge Matheson. Prison Newspaper Delivery—Developments during Litigation—Mootness—Voluntary Cessation Exception—Redressable Injury.
Prison Legal News (PLN) publishes a monthly magazine to help inmates navigate the criminal justice system. The Bureau of Prisons (BOP) rejected 11 publications PLN sent to inmate subscribers at the BOP's U.S. Penitentiary, Administrative Maximum Facility in Florence, Colorado (ADX). For each rejection, the warden signed a notice identifying the objectionable pages and explaining why the content was problematic, including that some pages contained certain information about inmates and staff (name-alone content). PLN sued, claiming the BOP violated its First and Fifth Amendment rights and the Administrative Procedure Act (APA).
Subsequently, ADX distributed the 11 publications, revised its institutional policies, and issued a declaration from its current warden that the revised policies would be followed going forward and the initial rejections of the publications at...
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