Worldwide Street Preachers' Fellowship v. Peterson, Bart (SD Ind., John Daniel Tinder, Judge)
Before CUDAHY, RIPPLE and EVANS, Circuit Judges.Dandy, Brenda v. UPS Inc (ED Wis.)
RIPPLE, Circuit Judge. Worldwide Street Preachers’ Fellowship and its members (collectively “SPF”) filed an action pursuant to 42 U.S.C. § 1983 against the City of Indianapolis and its officials (collectively “the City”). The complaint alleged that the defendants, operating under the color of state law, had interfered with SPF’s street preaching activities during the parade held in conjunction with the Indianapolis Five Hundred mile race and, consequently, had deprived them of their rights to the free exercise of religion, to freedom of speech and to assembly, in violation of the First and Fourteenth Amendments to the Constitution of the United States.SPF moved for a preliminary injunction to prevent the City from restricting its activities during the 2004 parade. The district court granted in part and denied in part this motion. SPF appeals. For the reasons set forth in the following opinion, we have concluded that the issue of whether a preliminary injunction ought to have been issued is moot. Accordingly, we must dismiss SPF’s appeal.
Before FLAUM, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.Kay, Maung Z. v. Ashcroft, John (Petitions for Review of Orders of the Board of Immigration Appeals)
WILLIAMS, Circuit Judge. Brenda Dandy, a United Parcel Service (UPS) employee, alleged that her employer discriminated against her on the basis of gender and race by: (1) creating a hostile work environment; (2) failing to promote her; (3) paying her a lower salary than her white counterparts; and (4) retaliating against her. The district court granted UPS summary judgment, dismissing all of Dandy’s claims. It found that Dandy failed to establish a prima facie case of hostile work environment and assumed arguendo that Dandy established a prima facie case for her remaining allegations, but reasoned that dismissal was proper because she failed to prove that UPS’s business decisions were a pretext for discrimination. Because we find that Dandy failed to establish a prima facie case for any of her claims, we affirm.
Before RIPPLE, KANNE, and WILLIAMS, Circuit Judges.Posted by Marcia Oddi at October 29, 2004 01:17 PM
WILLIAMS, Circuit Judge. Maung Zar Kay, a Burmese national, born February 4, 1978, fled to the United States in October 1997. He was admitted into this country as a tourist seeking asylum on October 8, 1997. The Board ordered Kay removable in absentia on September 9, 1998. Kay sought to reopen the proceedings for substantive consideration of his asylum and withholding of removal petition. He also filed a subsequent motion to reopen for consideration of his eligibility for relief under the Convention Against Torture (CAT). The Board denied both motions. We affirm the Board’s decision to deny Kay’s motion to reopen to seek asylum and withholding of removal because he did not show that his failure to appear was due to exceptional circumstances. However, we reverse the Board’s decision to deny Kay’s motion to reopen for consideration of his CAT eligibility as the decision lacked a reasoned basis.