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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

What Happened in Felix vs. Weber Metals Reconsideration?

Nancy Ostensen initiated an action against Suffolk County, its Police Department, Officer Thomas Gallagher, and private individuals Patricia Capucci and Rosemary Kneeht, asserting constitutional violations under Section 1983 and various New York state law claims. The Plaintiff alleged unreasonable search and seizure, and due process violations stemming from an incident where the private defendants entered a residence where Ostensen lived, with Officer Gallagher's alleged non-intervention. The County Defendants sought summary judgment. The court granted summary judgment, determining there was no evidence of conspiracy between the state and private actors, that Ostensen lacked a possessory interest in the property for an unreasonable seizure claim, and that Officer Gallagher was shielded by qualified immunity as his actions were objectively reasonable. Consequently, all federal claims were dismissed, and the court declined supplemental jurisdiction over the remaining state law claims.

Section 1983Fourth AmendmentFifth AmendmentUnreasonable Search and SeizureDue ProcessQualified ImmunitySummary JudgmentState ActionConspiracyMunicipal Liability
References
37
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Claimant, a revenue reporting clerk, developed seizures linked to work-related stress, initially in January 1990 and again in January 1995 after increased duties. He filed a workers' compensation claim in May 1995. The Workers’ Compensation Board found the claim untimely, ruling the accident occurred in January 1990. However, the appellate court reversed, finding that the January 1995 recurrence due to new stress constituted a separate, timely accident. The case was remitted to the Board for further proceedings to determine if the seizure disorder actually constituted an accident and its causal relationship to the job stress.

seizure disorderepilepsywork-related stresstimeliness of claimstatute of limitationsoccupational accidentBoard decisionappellate reviewremittalcausal relationship
References
2
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

This case addresses a motion to suppress property seized from the employment locker of a United States Postal Service police officer, who was indicted for murder. The central issue revolves around the reasonableness of a warrantless search of a public employee's locker and the applicability of Fourth Amendment and New York constitutional protections against unreasonable searches and seizures. The court found no probable cause, reasonable suspicion, or valid consent to justify the search. It ruled that administrative regulations cannot override constitutional rights and that the Postal Inspector's broad interpretation of search authority was insufficient. Consequently, the search was deemed unreasonable under both Federal and State law, leading to the suppression of the seized property.

Warrantless SearchExpectation of PrivacyPublic Employee LockerFourth AmendmentNew York ConstitutionSearch and SeizureMotion to SuppressUnited States Postal ServicePolice Officer MisconductWorkplace Search
References
12
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

John H. Bodessa was discharged by Hughes Drilling Fluids for refusing to submit a urine sample for drug-screening, a requirement under company policy. Initially, the Texas Employment Commission (TEC) granted Bodessa unemployment benefits, but Hughes successfully appealed this in county court, obtaining a summary judgment that disqualified Bodessa. The TEC then appealed this summary judgment, contending that the company's drug-screening policy was unreasonable, their initial decision was supported by evidence, and Bodessa did not violate the policy. The appellate court affirmed the summary judgment, ruling that Bodessa's continued employment after notification constituted consent to the policy and that Fourth Amendment protections against unreasonable searches and seizures do not apply to private employer actions. The court found the policy reasonable and a valid basis for disqualifying Bodessa from unemployment benefits due to misconduct.

Drug screeningUnemployment benefitsEmployee misconductAt-will employmentCompany policyFourth AmendmentRight to privacyTexas lawSummary judgmentAppellate review
References
14
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

Plaintiffs, three current and former corrections officers, brought an action under 42 U.S.C. § 1983 against Westchester County and two officials in their official capacities, alleging violations of their Fourth Amendment rights. They claimed the County staged their arrests, filmed their transport, showed the footage at a press conference, and notified the media of their arraignment, comparing these actions to an unconstitutional 'perp walk'. Relying on *Lauro v. Charles*, plaintiffs argued these actions constituted unreasonable seizures designed to cause humiliation. The court distinguished the present case from *Lauro*, finding that the videotaping depicted legitimate arrests, not fictitious events, and thus was not an unconstitutional seizure. Furthermore, the court held that publicizing the videotape at a press conference and informing the media about the arraignment did not violate Fourth Amendment rights, as there is no constitutional right to privacy regarding reputational injury alone or to keep arrests secret. Consequently, the defendants' motion for summary judgment was granted, and all claims were dismissed.

Fourth AmendmentSummary JudgmentPerp WalkUnreasonable SeizureDue ProcessFreedom of Speech and PressGovernmental IntrusionOfficial Capacity SuitCorrectional OfficersWestchester County
References
14
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

Plaintiffs Melisa Carter and Chris Smith initiated a lawsuit against the City of Huntsville and Officers Stacey Smith and Christopher Myers, alleging civil rights violations including excessive force and unreasonable search and seizure under 42 U.S.C. § 1983 and the Fourth Amendment, alongside state common law torts. The Court denied the defendants' motion to sever claims, emphasizing the common questions of law and fact related to municipal liability. State-law tort claims against the individual officers were dismissed with prejudice, reaffirmed under the Texas Tort Claims Act's statutory immunity provisions. The Court granted the motion to dismiss § 1983/Fourth Amendment claims against the City and the officers in their official capacities, finding insufficient pleading of a widespread unconstitutional municipal policy. However, the motion to dismiss § 1983/Fourth Amendment claims against Officers Myers and Smith in their individual capacities was denied, as genuine issues of material fact were found regarding the objective unreasonableness of their actions and the lack of probable cause, thus precluding qualified immunity at the pleading stage.

Civil RightsExcessive ForceUnreasonable Search and SeizureQualified ImmunityMunicipal LiabilityRule 12(b)(6) Motion to DismissRule 21 SeveranceFalse ArrestFourth AmendmentSection 1983
References
155
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case involves the seizure and forfeiture of a 2004 Chevrolet Silverado pickup truck. Appellant Zaher A. El-Ali challenged the forfeiture after the vehicle, which he owned, was used by Roberto Faustino in felony offenses. El-Ali initially asserted an innocent-owner defense but later abandoned it. On appeal, El-Ali argued that the innocent-owner defense violated due process under the Texas Constitution by requiring proof of a negative, and that the forfeiture statute unconstitutionally incentivized law enforcement. The appellate court affirmed the trial court's judgment, finding the innocent-owner defense added a layer of due process protection and that El-Ali failed to preserve his discovery complaint regarding the incentive argument.

Civil forfeitureInnocent owner defenseDue processTexas ConstitutionSummary judgmentAppellate reviewContrabandProperty rightsLaw enforcement incentivesStatutory interpretation
References
19
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

This case addresses a challenge by four Union Locals of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, against subpoenas duces tecum issued by a New York County Grand Jury. The subpoenas sought membership lists as part of an investigation into corruption within the carpentry and drywall industry. The Locals argued that the subpoenas violated their members' First Amendment associational rights and Fourth Amendment protection against unreasonable searches and seizures. The Court of Appeals affirmed the lower court's decision, finding that the Grand Jury's legitimate and compelling need for the lists to conduct its corruption investigation outweighed the asserted constitutional concerns. The court concluded that the subpoenas were neither overly broad nor burdensome, and the information sought was relevant to the ongoing investigation.

Grand JurySubpoena Duces TecumFirst AmendmentFourth AmendmentAssociational RightsFreedom of AssociationUnreasonable Search and SeizureOverbreadthCompelling State InterestCorruption Investigation
References
24
Case No. 06-02-00202-CR
Regular Panel Decision
Sep 19, 2003

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Jessie Lane Hitchcock appealed the denial of his motion to suppress evidence, arguing that law enforcement officials violated his constitutional and statutory rights against unreasonable search and seizure. Officers detected marihuana smoke and odor from a parked car, leading to a pat-down search of Hitchcock after one occupant fled. During the search, officers found a rock-like substance believed to be crack cocaine in Hitchcock's pocket. The court considered whether the search was justified under exceptions to the Fourth Amendment, specifically examining initial detention, Terry search, plain feel exception, inevitable discovery, and exigent circumstances. The Court of Appeals affirmed the trial court's judgment, finding that the strong odor of marihuana provided probable cause for the search of Hitchcock's person.

Search and SeizureFourth AmendmentTexas ConstitutionMotion to SuppressProbable CauseWarrantless SearchExigent CircumstancesInvestigative DetentionTerry StopPlain Feel Exception
References
71
Case No. 92 Civ. 1343
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Herman Strauch, an incarcerated plaintiff, brought a 42 U.S.C. § 1983 action against Joseph Demskie, the Deputy Superintendent of Sing Sing Correctional Facility, alleging a Fourth Amendment violation. Strauch claimed an unreasonable search and seizure stemming from a non-random urine test ordered by Demskie. The court reviewed cross-motions for summary judgment, ultimately granting summary judgment to the defendant. The decision found that Demskie was entitled to qualified immunity because, in September 1990, there was no clearly established right for prison inmates to be free from non-random urine tests not based on reasonable suspicion. The court further clarified the limited Fourth Amendment protections afforded to prisoners and rejected the application of the "law of the case" doctrine to a prior, clearly erroneous ruling.

Prisoner RightsQualified ImmunityFourth AmendmentUrine TestingSearch and SeizureSection 1983Summary JudgmentInmate MisbehaviorConstitutional LawCorrectional Facility
References
22
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