Andrew D. Stine, P.A. - Florida Criminal Defence Attorney

(U.S. 8th Cir., Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Health Law) In an action by a prisoner claiming that he suffered disability discrimination related to his severe hearing loss, plaintiff's appeal from partial summary judgment for defendants is dismissed where the district court's conclusory order provided no basis for a finding that plaintiff would face hardship or injustice by waiting to appeal until his remaining claim against defendants was fully resolved.

(U.S. 2d Cir., Constitutional Law, Entertainment Law, Government Law, Property Law & Real Estate) In an action seeking an injunction and declaratory judgment to the effect that defendant-town's zoning ordinance did not give plaintiff adequate alternative sites on which to locate its adult entertainment business, a denial of an injunction is vacated where the First Amendment required courts to consider the adequacy of alternative sites available when the ordinance is challenged, not at the time the ordinance is passed.

(U.S. 9th Cir., Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law, Injury And Tort Law) In a 42 U.S.C. section 1983 action claiming excessive force by defendants-officers, denial of summary judgment based on qualified immunity is affirmed where: 1) defendants failed to show as a matter of law that plaintiff's decedent did not have a reasonable expectation of privacy; 2) the district court properly found that defendants failed to show as a matter of law that the emergency and exigency exceptions to the Fourth Amendment warrant requirement applied; 3) defendants failed to show that there were no questions of fact regarding whether a security guard had apparent authority to consent and implied consent; and 4) the district court did not err in finding that there were genuine issues of fact regarding whether the officers intentionally or recklessly provoked a confrontation.

(U.S. 2d Cir., Civil Rights, Constitutional Law) In a 42 U.S.C. section 1983 action arising out of plaintiff inmate's confinement in tuberculosis hold following his refusal to submit to tuberculosis testing, summary judgment for defendants is affirmed where 1) prior precedent did not "clearly foreshadow" a holding that the testing policy, as applied in this case, violated plaintiff's free exercise rights; 2) it could not reasonably be said that the defendants acted in violation of clearly established Eighth Amendment law by implementing the policy; and 3) it was not clearly established that plaintiff was entitled to some kind of notice that religious objectors could be exempt from the policy.

(U.S. 10th Cir., Civil Rights, Constitutional Law, Criminal Law & Procedure, Injury And Tort Law) In an action for excessive force brought by family members of a man defendant-officer shot and killed while responding to a domestic disturbance, denial of summary judgment based on qualified immunity is affirmed where the court could not say that a van fifteen feet away, which according to the plaintiffs was clearly stuck on a pile of rocks, gave defendant probable cause to believe that there was a threat of serious physical harm to himself or others that would justify his use of force.