Today in Supreme Court History: April 20

City of Los Angeles v. Lyons, 461 U.S. 95 (decided April 20, 1983): nobody has standing to seek injunction preventing police use of chokeholds: can’t show that every officer will always use a chokehold on every suspect; 5 - 4 decision (Marshall, in dissent, notes that on this reasoning federal courts would have no power to enjoin a “shoot to kill” policy, or a policy of shooting one out of ten suspects on sight)

Ramos v. Louisiana, 590 U.S. 83 (decided April 20, 2020): guilty verdict for serious crime must be unanimous (overruling 1972 cases saying 10 - 2 was o.k.)

United States v. Stevens, 559 U.S. 460 (decided April 20, 2010): striking down on First Amendment grounds federal statute criminalizing depictions of animal cruelty (not animal cruelty itself) (defendant sold videos of pit bulls tearing apart pigs -- who the hell would buy that stuff??)

Bank Markazi v. Peterson, 578 U.S. 212 (decided April 20, 2016): no separation of powers problem with statute designating property available to satisfy particular judgments (here, bank accounts in New York, and judgments against Iran brought by victims of terrorism)

UNUM Life Ins. Co. v. Ward, 526 U.S. 358 (decided April 20, 1999): A provision in the ERISA law says that it does not affect state insurance law (I used to give a CLE -- Continuing Legal Education -- course on this really boring topic).  So Court holds that claim on group insurance plan was subject to California’s “notice-prejudice” rule (insurer can’t disclaim for late notice of claim unless it can show it was prejudiced by the delay) but ERISA preempts California law deeming notice to the employer to be notice to the insurer.

McDermott v. AmClyde, 511 U.S. 202 (decided April 20, 1994): verdict against non-settling defendant in admiralty case (damage to 5,000-ton crane placing offshore platform) is by percentage of fault, not by offsetting amount for which co-defendants settled

United States v. Grace, 461 U.S. 171 (decided April 20, 1983): This case arose on the Court’s own property, contesting statute disallowing political activity on the abutting sidewalks.  Court strikes down statute on First Amendment “grounds”.

Connick v. Myers, 461 U.S. 138 (decided April 20, 1983): no Free Speech impediment to firing for insubordination Assistant D.A., upset at being transferred, who circulated questionnaire to other A.D.A.’s as to transfer policy, morale, pressure to work on political campaigns, etc.

Smith v. Wade, 461 U.S. 30 (decided April 20, 1983): “reckless or callous indifference” shown meriting punitive damages in §1983 action against juvenile facility guard for placing plaintiff in same cell with others who were likely to beat and sexually abuse him

Northwest Airlines, Inc. v. Transport Workers Union  America, 451 U.S. 77 (decided April 20, 1981): Title VII does not provide right to contribution (airline liable to female attendants for back pay could not seek contribution from union partly at fault for the discrimination)