Justia Constitutional Law Opinion Summaries

Petitioner, convicted of attempted criminal contempt in the second degree and harassment in the second degree, petitioned for habeas relief under 28 U.S.C. 2254. Petitioner was sentenced to a one-year conditional discharge, with the condition that she abide by a two-year order of protection. The Second Circuit affirmed the district court's dismissal of the petition, holding that the order of protection did not place her "in custody" for purposes of section 2254(a). View "Vega v. Schneiderman" on Justia Law

MGM filed suit claiming that Special Act 15‐7 of the Connecticut General Assembly placed it at a competitive disadvantage in the state's gaming industry. The Act creates a special registration pathway for the state's two federally recognized Indian tribes to apply to build commercial casinos on non‐Indian land. The Second Circuit affirmed the district court's dismissal of the complaint, holding that any competitive harms imposed by the Act were too speculative to support Article III standing. In this case, MGM failed to allege any specific plans to develop a casino in Connecticut. View "MGM Resorts International Global Gaming Development, LLC v. Malloy" on Justia Law

Plaintiff filed suit against defendant and the University, alleging a claim of retaliation based on his complaint of sexual harassment. The district court granted defendants' motion to dismiss. The Second Circuit applied the plausibility standard to plaintiff's retaliation claim and held that it was plausible that he was denied a teaching position after he declined sexual approaches from the man who was his teacher and the department chair. Accordingly, the court vacated in part and remanded for further consideration of the retaliation claims. View "Irrera v. Humpherys" on Justia Law

Plaintiff filed suit alleging that defendant, the principal of Capital Prep, violated plaintiff's First Amendment right of freedom of assembly and his state-law right to be free from the intentional infliction of emotional distress in banning plaintiff from attending virtually all Capital Prep events, on or off school property, because of his opposition to defendant's bullying and harassing efforts to compel plaintiff's daughter to remain a member of the girls varsity basketball team. The district court denied defendant's motion for summary judgment based on qualified immunity. The Second Circuit dismissed the appeal insofar as it related to the claimed due process violation, holding that the claim was not properly before the court. As to the First Amendment claim, the court held that defendant's motion for summary judgment was properly denied to the extent that plaintiff complained of being banned from events beyond school property and from sports contests on school property to which the public was invited; but defendant was entitled to qualified immunity as a matter of law to the extent that he banned plaintiff from school property otherwise. Accordingly, the court affirmed in part, reversed in part, and dismissed in part. View "Johnson v. Perry" on Justia Law

Plaintiff filed a putative class action alleging that grocery stores in New York operated by Whole Foods systematically overstated the weights of pre‐packaged food products and overcharged customers as a result.  The district court dismissed the complaint based on plaintiff's lack of Article III standing. The Second Circuit vacated and remanded, holding that the district court did not draw all reasonable inferences in plaintiff's favor. In this case, plaintiff plausibly alleged a nontrivial economic injury sufficient to support standing. According to the DCA's investigation, Whole Foods packages of cheese and cupcakes were systematically and routinely mislabeled and overpriced, and plaintiff regularly purchased Whole Foods packages of cheese and cupcakes throughout the relevant period. Therefore, the complaint satisfied the low threshold required to plead injury in fact. View "John v. Whole Foods Market Group" on Justia Law