Latest 2 Cases: Howse v. Hodous (Civil Rights), Perry v. Allstate Indemnity Co. (Insurance Law)

Can the Republicans Cancel the Elections, Even Though Trump Can’t?

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan considers whether (and how) President Trump or his supporters in Congress could cancel the 2020 elections, citing public safety as a result of the COVID-19 pandemic. Buchanan points out that because states control the procedures for the election, Trump would need Republican governors of certain blue states to shut down their state’s elections—something Buchanan stops short of saying is likely or unlikely.

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The Lessons the Coronavirus Crisis Can Teach Us About the Religious Liberty that Serves the Public Good (aka the Framers’ Religious Liberty)

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, describes some of the lessons the novel coronavirus pandemic can teach us about religious liberty. Hamilton points out that COVID-19 is nondenominational and nonpartisan, yet we are already seeing some groups claim to be exempt from the public-health prohibitions on large gatherings, on the basis of their religious beliefs.

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Howse v. Hodous

Docket: 19-3418

Opinion Date: March 18, 2020

Judge: Thapar

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Howse claims Officers Hodous and Middaugh stopped in front of his home in an unmarked vehicle. Middaugh asked Howse if he lived there, got out of the vehicle, and told Howse to put his hands behind his back. Howse disobeyed and began screaming. Howse claims Middaugh grabbed Howse and threw him down. The officers tried to handcuff Howse, who resisted, “stiffening up” his body. The officers claim they saw Howse lingering suspiciously at a house that appeared to be boarded up. Middaugh suspected that Howse might be engaged in criminal activity and, when Middaugh reached the porch, Howse clenched his fists and assumed a fighting stance. The officers allege that Howse struck Hodous in the chest and tried to rip off Middaugh’s flashlight and handcuff case, so Middaugh used a leg sweep to take Howse down to arrest him. Middaugh charged Howse with assaulting a police officer. The stated eventually dismissed the charges. Howse sued the officers and the city, 42 U.S.C. 1983. The Seventh Circuit affirmed summary judgment for the defendants. It is not clearly established that officers cannot tackle a non-compliant suspect and use additional force if he resists arrest, so the officers are entitled to qualified immunity. Howse admitted that he tried to make it difficult for the officers to arrest him, which provided probable cause.

Perry v. Allstate Indemnity Co.

Docket: 18-4267

Opinion Date: March 18, 2020

Judge: Karen Nelson Moore

Areas of Law: Insurance Law

Perry’s home suffered water damage and required extensive repairs. She filed a claim with her insurer, Allstate, which did not dispute that Perry’s home was seriously damaged, or that it was required to pay for repairs or replacement. The parties agreed that the total estimated cost to repair or replace Perry’s home is $32,965.09. After making deductions for “depreciation,” Allstate provided Perry with a net payment of $28,394.74. Perry’s Allstate policy provides, “If you do not repair or replace the damaged, destroyed or stolen property, payment will be on an actual cash value basis. This means there may be a deduction for depreciation.” The policy does not define “depreciation.” Allstate contends that “depreciation” must account for the cost of both materials and labor. Perry claims that “depreciation” is ambiguous with respect to labor costs. The district court reversed the dismissal of Perry’s lawsuit. Under Ohio law, when an insurance policy is ambiguous, courts must interpret the policy strictly against the insurer, so long as the insured’s interpretation is reasonable. Perry’s reading of the term “depreciation” is a reasonable interpretation of an ambiguous policy, so Allstate may not include the cost of labor in calculating depreciation.