Appellate Section
CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT

• United States v. Puerto Rico (1st Cir.) -- Appellee
  • This court lacks jurisdiction over the appeal
  • The district court had authority to delay the automatic stay by 60 days
  
   

  Document	Date
  Brief as Appellee [PDF]	04/16/07
  Appeal dismissed	05/29/07

• United States v. Tennessee (6th Cir.) -- Appellant
  • Disregarding rulings that testimony taken solely as a proffer will be subject to cross-examination and rebuttal if later admitted to the record is clear and unequivocal legal error
  • While summary denial of cross-examination is prejudicial per se, prejudice is further demonstrated because the proffered testimony was central to the denial and could have been countered by cross-examination and rebuttal
  
   

  Document	Date
  Brief as Appellant [PDF]	06/14/04
  Reply Brief [PDF]	09/10/04
  Court of Appeals Decision [PDF], unpublished, 143 Fed. Appx. 656	06/23/05

• Johnson & United States v. Regier (11th Cir.) -- Appellee
  • Prevailing defendants in CRIPA actions can be awarded fees only when the United States' case is frivolous, unreasonable, or without foundation
  • The district court acted well within its discretion in denying attorney's fees to the State
  
   

  Document	Date
  Brief as Appellee [PDF]	12/10/02
  Court of Appeals Decision [PDF], reported at 348 F.3d 1334	10/29/03

• People First v. Tennessee (6th Cir.) -- Appellee
  • District court did not err in denying motion of trade group for private contract providers of community services to intervene because it had no cognizable interest in the litigation
  
   

  Document	Date
  Brief as Appellee [HTML] [PDF]	04/18/01
  Court of Appeals Decision [PDF], reported at 260 F.3d 587	08/08/01

• People First v. Clover Bottom Developmental Center (6th Cir.) -- Appellee
  • District court did not err in denying motion of trade group for private contract providers of community services to intervene because it had no cognizable interest in the litigation
  
   

  Document	Date
  Brief as Appellee [HTML]  [PDF]	06/30/00
  Court of Appeals Decision [PDF], reported at 260 F.3d 587	08/08/01

• Battle v. Fields (10th Cir.) -- Appellee
  • Prisoner's request to proceed in forma pauperis is moot when prisoner was permitted to participate in suit without paying fees
  
   

  Document	Date
  Brief as Appellee [HTML] [PDF]	02/28/00
  Court of Appeals decision [HTML], unpublished	07/28/00

• Evans v. Williams (D.C. Cir.) -- Appellee
  • Distinction between civil and criminal comtempt
  • District court did not abuse discretion in imposing civil contempt sanctions on District of Columbia when it failed to comply with remedial orders requiring timely payment of vendors responsible for providing day-to-day care and services to persons no longer served in institutions
  
   

  Document	Date
  Brief as Appellee [HTML]	11/12/99
  Court of Appeals decision [HTML], reported at 206 F.3d 1292	03/31/00