At issue was the extent to which Conn. Gen. Stat. 12-256(b)(2) imposes a tax on gross earnings from a satellite television operator’s business operations in Connecticut, including the transmission of video programming, the sale and lease of equipment required to view that programming, the installation and maintenance of such equipment, DVR services, and payment related fees. The Supreme Court reversed in part the judgments of the trial court sustaining in part Plaintiff’s tax appeals and ordering a refund of taxes previously paid on earnings from the sale of certain goods and services, holding (1) the trial court did not err in determining that Conn. Gen. Stat. 12-268i does not provide the exclusive procedure for challenging a tax assessment for a tax period that has been the subject of an audit; (2) section 12-256(b)(2) imposes a tax on gross earnings from the transmission of video programming by satellite and certain payment related fees, but not the sale, lease, installation, or maintenance of equipment or DVR service; and (3) the trial court did not err in determining that Plaintiff was not entitled to interest on the refund pursuant to section 12-268c. View "Dish Network, LLC v. Commissioner of Revenue Services" on Justia Law

The 1993 Lucasville Prison Riot at the Southern Ohio Correctional Facility began when prisoners overpowered a guard and took his keys. Rioting prisoners ultimately took a dozen guards hostage and gained complete control of the prison’s L-block. The riot continued for 11 days; one guard and nine prisoners were murdered. Many were injured. Tens of millions of dollars’ worth of damage was done to the prison facility. Four prisoners were sentenced to death for their involvement in the riot and are classified as restricted population inmates, who “pose a direct threat to the safety of persons, including themselves, or an elevated, clear[,] and ongoing threat to the safe and secure operations of the facility. The Media Plaintiffs are professional journalists who unsuccessfully sought in-person, recorded interviews with the Prisoner Plaintiffs for the twentieth anniversary of the riot. The Prisoners and Media Plaintiffs filed suit under 42 U.S.C. 1983, alleging that the interview denials violated the First and Fourteenth Amendments because they were based on the interviews’ anticipated content. The Sixth Circuit affirmed the rejection of their claims after considering the “Turner factors” to determine that the prison regulation is reasonably related to legitimate penological interests and therefore constitutional. There is a rational connection between a policy prohibiting face-to-face interviews with Lucasville participants and the legitimate, neutral penological interest of prison security. The impact of accommodation of the right and the availability of ready alternatives also support the restrictions’ constitutionality. View "Hanrahan v. Mohr" on Justia Law

FC appealed the district court's judgment in favor of Qwest, finding FC was liable for tortious interference with Qwest's contractual relationship with Tekstar. The Eighth Circuit held that the district court did not err in finding that FC caused Tekstar to breach its tariff with Qwest; the breach was material; FC's justification defense was rejected where the district court did not clearly err in finding that, prior to contracting with Tekstar, FC was on notice that it was not an end user and that Tekstar would violate its tariff by charging Qwest tariff rates for FC’s traffic; the district court's conclusion was not precluded by collateral estoppel; the district court did not clearly err in finding that the nearly $1 million Qwest paid to AT&T and other long-distance carriers to route FC's traffic flowed directly from FC's tortious interference; and there was no error in the district court's award of attorney's fees to Qwest. View "Qwest Communications Co. v. Free Conferencing Corp." on Justia Law

Thomas was arrested on charges that she “knowingly attempted to provide material support . . . to a designated foreign terrorist organization,” 18 U.S.C. 2339B. Thomas unsuccessfully moved for a bill of particulars and to compel notice and discovery of surveillance. Thomas pled guilty. Access to several documents on the docket was restricted. Philly Declaration moved to intervene and obtain access to all records on the docket, transcripts of Thomas’s plea hearing and her ex parte presentation to the court regarding the motions, and search warrant materials. The prosecution agreed that certain records should be largely unsealed but maintained that the “Plea Document” that was docketed with the publicly-filed guilty plea memorandum should remain under seal for reasons detailed in a sealed addendum and objected to unsealing a “Grand Jury exhibit” attached to Thomas’s reply brief in support of her motion for a bill of particulars and to unredacting quotes and citations that appeared in the Reply Brief itself. The district court ruled in favor of the government. The Third Circuit affirmed as to the Plea Document, vacated with respect to the Reply Brief and Exhibit, and remanded. While a presumptive First Amendment right of access attaches to plea hearings and related documents, the district court properly concluded that the compelling government interests of national security would be substantially impaired by permitting full access to this plea document. The proposed redactions are properly first considered by the district court. View "United States v. Thomas" on Justia Law

The Ninth Circuit vacated the district court's grant of summary judgment to Crunch Fitness on plaintiff's claim that three text messages he received from Crunch violated the Telephone Consumer Protection Act (TCPA). The panel held, in light of the DC Circuit's recent opinion in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), and based on the panel's own review of the TCPA, that the statutory definition of automatic text messaging system includes a device that stores telephone numbers (ATDS) to be called, whether or not those numbers have been generated by a random or sequential number generator. Because the district court did not have the benefit of ACA International or the panel's construction of the definition of ATDS, the panel vacated and remanded for further proceedings. View "Marks v. Crunch San Diego, LLC" on Justia Law

Pennsylvania charged Walker with forgery and computer crimes, joined with prior charges against Walker’s husband and his trucking company. Senior deputy attorney general Coffey was assigned to the case. Zimmerer was the lead investigator. They sought to obtain Walker’s work emails from her employer, Penn State, which responded, “We just need something formal, a subpoena.” Coffey and Zimmerer obtained a blank subpoena form, which they filled out in part. The subpoena is blank as to the date, time, and place of production and the party on behalf of whom testimony is required, and was, on its face, unenforceable. Zimmerer presented the unenforceable subpoena to Penn State's Assistant General Counsel. Penn State employees searched for and delivered the requested emails. The charges against Walker were subsequently dismissed with prejudice. Walker filed a 42 U.S.C. 1983 action against Zimmerer and Coffey. The district court dismissed, agreeing that Zimmerer and Coffey were entitled to qualified immunity because Walker could not show a clearly established right to privacy in the content of her work emails. The Third Circuit affirmed that dismissal but vacated the denial of Walker’s motion for leave to file a second amended complaint, asserting claims under the Stored Communications Act. The emails were transmitted via Walker’s work email address, through an email system controlled by Penn State. Walker did not enjoy any reasonable expectation of privacy vis-à-vis Penn State, which could independently consent to a search of Walker’s work emails. View "Walker v. Coffey" on Justia Law

The Supreme Court reversed the judgment of the Fourth District Court of Appeals denying the request for a writ of mandamus sought by the Cincinnati Enquirer and granted a writ of mandamus, holding that the Enquirer was entitled to review certain documents in the custody of the coroner’s office. An Enquirer reporter made a request to view preliminary autopsy and investigative notes and findings relating to the homicides of eight individuals in Pike County. The Pike County prosecuting attorney and Pike County’s medical examiner and coroner denied the request to review the records. The Enquirer then filed a complaint for a writ of mandamus asking the court of appeals to order the respondents to make the records available. The court of appeals denied the request, concluding that the autopsy reports were properly withheld because they constituted confidential law-enforcement investigatory records of the eight decedents and, therefore, were not subject to the journalist exception in Ohio Rev. Code 313.10(D), which provides that journalists be given access to review the preliminary autopsy reports of a county coroner. The Supreme Court reversed, holding that the court of appeals disregarded the plain language of section 313.10(D) in denying the Enquirer’s request for a writ of mandamus. View "State ex rel. Cincinnati Enquirer v. Pike County General Health District" on Justia Law

During a campaign rally at Louisville’s Kentucky International Convention Center, then-candidate Trump spoke for 35 minutes. Plaintiffs attended the rally with the intention of peacefully protesting. Protesters’ actions during Trump’s video-recorded address precipitated directions from Trump on five different occasions to “get ’em out of here.” Members of the audience assaulted, pushed and shoved plaintiffs. Plaintiff Brousseau was punched in the stomach. Defendants Heimbach and Bamberger participated in the assaults. Plaintiffs sued Trump, the campaign, Heimbach, Bamberger, and an unknown woman who punched Brousseau, for battery, assault, incitement to riot, negligence, gross negligence and recklessness. The district court dismissed claims against the Trump defendants alleging they were vicariously liable for the actions of Heimbach, Bamberger and the unknown woman, and dismissed a negligent-speech theory as “incompatible with the First Amendment” but refused to dismiss the incitement-to-riot claims. On interlocutory appeal, the Sixth Circuit found that the claim should be dismissed. Plaintiffs have not stated a valid claim under Kentucky law, given the elements of “incitement to riot.” Trump’s speech enjoys First Amendment protection because he did not specifically advocate imminent lawless action. Trump’s “get ’em out of here” statement, closely followed by, “Don’t hurt ’em,” cannot be interpreted as advocating a riot or the use of any violence. View "Nwanguma v. Trump" on Justia Law

The Eighth Circuit affirmed the district court's grant of summary judgment for Charter, holding that Charter Spectrum Voice VoIP service was an "information service" under the Telecommunications Act and Minnesota state regulation of plaintiff's VoIp service was preempted. The court explained that Spectrum Voice's service was an information service because it makes available information via telecommunications by providing the capability to transform that information through net protocol conversion. View "Charter Advanced Services v. Lange" on Justia Law

Plaintiffs, who are homeless or have recently been homeless, filed suit against the City seeking retrospective relief for their previous citations under the Camping Ordinance and Disorderly Conduct Ordinance. The panel held that an ordinance violates the Eighth Amendment insofar as it imposes criminal sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative shelter is available to them. The panel also held that two of the plaintiffs may be entitled to retrospective and prospective relief for violation of that Eighth Amendment right. These two plaintiffs have demonstrated a genuine issue of material fact regarding whether they face a credible risk of prosecution under the ordinances in the future on a night when they have been denied access to Boise's homeless shelters. Accordingly, the panel affirmed in part, reversed in part, and remanded. View "Martin v. City of Boise" on Justia Law