Latest 3 Cases: Lefebure v. D'Aquilla (Civil Procedure), Lucio v. Lumpkin (Civil Rights), United States Department of Labor v. Five Star Automatic ...

Celebrities as Glamour Species in the #MeToo Ecosystem

LESLEY WEXLER

Illinois law professor Lesley Wexler explores the extent to which the role of famous, white, cis, heterosexual women as some of the most visible faces in the #MeToo movement helps or hinders the campaign. Professor Wexler proposes that conservation biology can help us understand the role of these celebrity women and harness their contributions to the #MeToo movement and also provide better assistance to other individuals and communities facing their own #MeToo struggles.

Read More

Lefebure v. D'Aquilla

Docket: 19-30702

Opinion Date: February 9, 2021

Judge: James C. Ho

Areas of Law: Civil Procedure, Civil Rights, Constitutional Law

Plaintiff filed suit alleging that Barrett Boeker, her cousin's husband, raped and sexually assaulted her on multiple occasions at his home on the grounds of the Louisiana state prison where he serves as an assistant warden. Plaintiff also alleges that Samuel D'Aquilla, the district attorney, conspired with Boeker and others to prevent her from seeking justice for these crimes. The Fifth Circuit held that, under established precedent, it has no jurisdiction to reach plaintiff's claims against D’Aquilla, because she has no Article III standing. The court explained that Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973), makes clear that "a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution." Accordingly, the court has no choice but to reverse and remand with instructions to dismiss the complaint for lack of subject matter jurisdiction as to D'Aquilla.

Lucio v. Lumpkin

Docket: 16-70027

Opinion Date: February 9, 2021

Judge: Andrew S. Oldham

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner, who was convicted of capital murder for beating to death her two-year-old daughter. Petitioner argues that the state trial court denied her constitutional right to present a complete defense by excluding two expert witnesses from testifying at the guilt phase of her trial. The now-vacated panel decision concluded that petitioner fairly presented a complete-defense claim to the state courts; the state courts simply overlooked it; and petitioner therefore got the benefit of de novo review of her complete-defense claim in federal court. The court concluded that this was error. The court concluded that the state courts adjudicated petitioner's claims on the merits and thus the relitigation bar in the Antiterrorism and Effective Death Penalty Act (AEDPA) applies. Evaluating the relevant state court decisions under the relitigation bar, the court rejected petitioner's contention that she satisfied the relitigation exceptions. In this case, the court rejected petitioner's claim that the state court's decision was contrary to or involved an unreasonable application of Crane v. Kentucky, 476 U.S. 683 (1986); the state court's decision was contrary to or involved an unreasonable application of Chambers v. Mississippi, 410 U.S. 284 (1973); and the state court's decision was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. The court noted that various dissenting opinions contradict AEDPA, Supreme Court precedent, and the record in this case.

United States Department of Labor v. Five Star Automatic Fire Protection, LLC

Docket: 19-51119

Opinion Date: February 9, 2021

Judge: Don R. Willett

Areas of Law: Labor & Employment Law

In Anderson v. Mt. Clemens Pottery Company, if the employer's records are inaccurate or inadequate, a plaintiff need only show by just and reasonable inference that she was an employee, worked the hours, and was not paid. In this unpaid-overtime case, the district court applied Mt. Clemens because Five Star's timesheets left numerous evidentiary gaps which the Department of Labor filled with consistent testimony that Five Star urged employees not to record their pre- and post-shift work hours. The Department then used this testimony to estimate unpaid hours and calculate back wages. The Fifth Circuit affirmed the district court's judgment, holding that Five Star's only rebuttal evidence of a summary chart based on the company president's memory failed to negate any raised inferences of unpaid work. Therefore, Five Star fails to show that the district court committed any error concerning its finding of liability or calculation of damages under the Fair Labor Standards Act.