114 results for 'cat:"Civil Rights" AND cat:"Due Process"'.
J. Howe finds a lower court improperly revoked an incapacitated, 63- year-old wheelchair- bound female's eligibility to vote. The State argued that it was obligated to revoke her voting rights based on her unspecified dementia, memory loss, and lack of cognitive communication. However, she sufficiently showed in court that her due process and equal protection rights were violated based on lack of a determination of her voting capacity before revocation. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Howe, Filed On: May 30, 2024, Case #: 1 CA-CV 22-710, Categories: civil Rights, Elections, due Process
J. Tunheim partially grants the Minnesota Sex Offender Program officials' motion to dismiss the detainees' suit alleging failures to timely effectuate transfer orders. A procedural due process claim survives, but other claims are dismissed because the officials are entitled to qualified immunity, and a request for a peremptory writ of mandamus is denied because the transfer times are not so clearly unreasonable that the program should not be afforded an opportunity to respond.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 23, 2024, Case #: 0:23cv486, NOS: Civil Detainee: Conditions of Confinement - Prisoner Petitions, Categories: civil Rights, due Process
J. Rice dismisses a complaint brought by a podcaster and three licensed medical professionals challenging the Washington Medical Commission's investigations of the dissemination of false information about the Covid-19 virus. The podcaster and the licensed medical professionals do not allege a cognizable injury with concreteness and particularity, as the commission has not sanctioned them for their speak. Their due process claim fails because they cite inapplicable cases.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: May 22, 2024, Case #: 2:24cv71, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Covid-19
J. Munley denies a borough’s motion to dismiss civil rights claims by a bar owner alleging the closure of the business was forced due to harassment and discrimination. The bar owner detailed many actions taken by the borough, including photographing patrons, negative comments, police visits and restaurant inspections, which provided sufficient support for the claims.
Court: USDC Middle District of Pennsylvania, Judge: Munley, Filed On: May 22, 2024, Case #: 3:22cv1175, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Licensing, due Process
J. Clarke dismisses the landlords' complaint that the county's code enforcement officer wrongfully accused the landlords of violating county code by not obtaining agricultural exemptions or structural permits for 20 greenhouse structures and not obtaining electrical permits for the same 20 greenhouses, leading to a citation for $40,000 fine. The landlords do not state a claim for wrongful use of civil proceedings because while they may have a valid defense for the legality of the structures that their tenant built on their property, they do not allege that the code enforcement officer did not have probable cause to issue the citation.
Court: USDC Oregon, Judge: Clarke, Filed On: May 9, 2024, Case #: 1:23cv1607, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Municipal Law, due Process
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J. Lee denies in part a police officer's motion for summary judgment on claims including excessive force filed by a mother who was tripped to the ground, allegedly for resisting arrest, when visiting the courthouse to pick up her son. The mother gave sufficient evidence of her injuries to support the excessive force claim.
Court: USDC Southern District of Mississippi , Judge: Lee, Filed On: May 3, 2024, Case #: 3:22cv439, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Barrett denies the student's motion for a preliminary injunction, ruling the university provided him notice of the sexual assault allegations within a month of the victim's submission of her final report and did not rely on any absent witness testimony when it expelled him; therefore, no due process rights were violated during disciplinary proceedings and the student is not entitled to an injunction.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: May 2, 2024, Case #: 1:23cv284, NOS: Education - Civil Rights, Categories: civil Rights, Education, due Process
J. Bloomekatz finds the lower court properly rejected the police officer's request for qualified immunity on excessive force and deliberate indifference claims filed by the estate. Video evidence and the testimony of other officers clearly indicate the decedent was not a threat at the time he was shot and killed in his home after officers were called there for a well check. The decedent had put his gun on the table at which he was seated and merely leaned toward the ground at the time he was shot; therefore, he did not represent a threat to the officer, while he was also required to do more than simply call paramedics after the shooting, at which time the decedent was hemorrhaging blood and struggling to breathe. Affirmed in part.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: April 29, 2024, Case #: 23-3296, Categories: civil Rights, Immunity, due Process
J. Brnovich grants a city's motion to dismiss a former peace officer's wrongful termination claims based on his religion as a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The city sufficiently showed that the former peace officer was fired for not obtaining certification under the Arizona Police Officer Standards and Training Board, and not for being a member of a religious sect.
Court: USDC Arizona, Judge: Brnovich, Filed On: April 16, 2024, Case #: 3:23cv8506, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, due Process
J. Moore grants an Iraq citizen’s petition for review of denial of his motion to reopen from the board of immigration appeals based on changes in Iraq. The board erred when denying the motion because of the evidence submitted with his prior motions were the same each time. The court vacates the board’s decision and remands it back for further proceedings. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 11, 2024, Case #: 22-3743, Categories: civil Rights, Immigration, due Process
J. Peterson partially grants the motion for summary judgment from the city, city officials and fire and police commission in a lawsuit from a firefighter claiming his First and 14th Amendment rights were violated when, among other things, he was demoted from his position as assistant fire chief and had a restraining order entered against him when he began arriving at fire scenes while he was on leave. The firefighter's due process claim against the city and the commission will proceed to trial, as there is a dispute regarding whether he was deprived of his property interest in his position through his demotion after a change in the law governing how such employment decisions are made. Summary judgment is granted to the city, officials and commission on all of the firefighter's remaining claims, and the individual officials are dismissed as parties.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 10, 2024, Case #: 3:22cv640, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, due Process
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Employment Discrimination
[Modified.] J. Stratton adds one sentence calling for appellant to pay costs on appeal with no change in judgment. Substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 8, 2024, Case #: B290675, Categories: civil Rights, Education, due Process
J. Stratton finds that substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 7, 2024, Case #: B290675, Categories: civil Rights, Education, due Process
J. McKenna upheld a lower court’s refusal to dismiss two homeless individuals’ claims against Maui County officials for seizing their property in a sweep without holding a contested case hearing. The seized items were undoubtedly considered property under the due process clause, and the county ignored the individuals’ request for hearings after they were notified of the county’s intentions to sweep. The county also should not have destroyed the property after it was removed, similarly without any hearings or meetings. Affirmed.
Court: Hawai'i Supreme Court, Judge: McKenna, Filed On: March 5, 2024, Case #: SCAP-22-368, Categories: civil Rights, Government, due Process
J. Epps recommends that the former teacher's civil rights and unfair credit reporting action against the investigator, deputy, county, company and other parties be dismissed. The action arose after the deputy filed a police report and the investigator obtained an arrest warrant for the teacher based on allegedly false identity fraud accusations made by the teacher's daughter. The teacher fails to properly state a conspiracy claim against anyone. The action fails to allege communications between any of the parties that resulted in an agreement to deny the teacher any constitutional right.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: February 28, 2024, Case #: 1:23cv148, NOS: Consumer Credit - Other Suits, Categories: civil Rights, due Process