Federal Appeals Courts Issue Key Rulings on Whistleblowers, Disability Rights, and Police Use of Force

Welcome to the latest edition of Short Circuit, a weekly feature from the Institute for Justice (IJ). This week, IJ prepares for its 14th appearance before the U.S. Supreme Court.

On Monday, the Supreme Court announced it will review the case of Sun Valley Orchards, a business targeted by the Department of Labor (DOL) for penalties starting in 2015. Represented by IJ, Sun Valley Orchards challenged the DOL’s in-house courts, and last year, the Third Circuit unanimously ruled that these courts violated the Constitution. The Supreme Court now has the opportunity to extend this ruling nationwide.

New episodes of the Short Circuit podcast are also available, covering topics such as the government’s authority over home distilling and virtual school vaccination policies.

Key Federal Appeals Court Rulings

SEC Whistleblower Case: Voluntary Disclosure or Not?

A whistleblower provided information to the SEC after the agency requested it following media reports. The whistleblower later applied for a monetary award, but the SEC denied the claim, arguing the disclosure was not “voluntary.” The D.C. Circuit disagreed, stating that while the SEC’s interpretation of “voluntary” was reasonable, the agency also had the discretion to waive the requirement—and failed to explain why it did not in this case.

Disability Discrimination: Power Company’s Smart Meter Policy

A man with lymphoma sued his power company, alleging that charging a fee for an old-fashioned meter—rather than a smart meter emitting radio waves—constituted disability discrimination. The smart meter’s radio waves, he argued, worsened his condition. The First Circuit, however, dismissed the claim, questioning the causal link between the meter and his health.

Police Use of Force: Fourth Circuit Overturns Qualified Immunity

In a case involving a fatal shooting, the Fourth Circuit ruled that a police officer was not entitled to qualified immunity after firing nine times at a fleeing teenager who posed no immediate threat. The court emphasized that it is clearly established that deadly force cannot be used in such circumstances.

Prosthetic Leg Attack: Fourth Circuit Reverses Qualified Immunity

A man suffering a medical episode and curled in the fetal position was savagely attacked by a police dog named Kona at a used car dealership in Chesterfield County, Virginia. The attack severely damaged his prosthetic leg and caused additional injuries. The Fourth Circuit reversed a lower court’s grant of qualified immunity to the officers, questioning the meaning of “fetal position” in the context of the confrontation. The dissent argued that the majority’s reliance on precedent was misplaced, as the prior case involved a baseball bat, not a dog.

Additional Highlights

The Short Circuit podcast also explores the government’s power over home distilling and virtual school vaccination policies, providing deeper insights into these legal and regulatory issues.