123 results for 'court:"USDC Eastern District of Kentucky"'.
J. Reeves finds for school defendants in false imprisonment claims because evidence does not indicate a teacher forcibly restrained a student, and dismisses disability discrimination claims brought against school staff as redundant to discrimination claims brought against the school. Claims contending a student suffered emotional distress after hearing the teacher use the N-word should also be dismissed. While the teacher's use of "an insensitive and blatantly racist word" would be inappropriate even if used for educational purposes, as claimed by the teacher, "outrageous conduct requires conduct so extreme in degree as to be regarded as atrocious." Here, the teacher had asked if anyone in the class was African American, and the student declined to raise her hand for feeling "embarrassed" and "singled out," and he contends she contends the word had been used in an educational context.
Court: USDC Eastern District of Kentucky, Judge: Reeves, Filed On: May 10, 2024, Case #: 2:23cv151, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Emotional Distress
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J. Wier rules in part for defendants in product liability claims concerning artificial tear products because the court lacks jurisdiction over a defendant headquartered in New York, and the record does not indicate specific actions had been taken in Kentucky in relation to the product; meanwhile, the class alleges the product caused financial, not physical, injuries.
Court: USDC Eastern District of Kentucky, Judge: Wier, Filed On: March 29, 2024, Case #: 6:23cv20, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Class Action
J. Van Tatenhove dismisses a police officer's federal claims contending his right to freely associate and travel had been violated when the department continued to circulate press releases stating he had attended the deadly January 6 rally that sought to overthrow the election for Donald Trump by attacking the capital, even though he claims he had only been in D.C. at that time to enjoy a site-seeing trip with his family. The officer's right to travel had not been infringed since he had not been punished for going to D.C. with his family, and his right to associate with his wife had not become the issue when she posted pictures of herself near the rally; instead, he had been investigated and transferred based on his own presence in the country's capital, and nothing in the claim contends he had been transferred due to his marital relationship. Due process claims concerning loss of protected property fail because the officer "merely alleges that he was transferred from a supervisory position to a position without supervisory responsibilities—not that he was removed, suspended, or reduced in grade or pay." The decision did not deprive him of a property interest, and he was not entitled to a hearing.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: March 26, 2024, Case #: 3:22cv11, NOS: Employment - Civil Rights, Categories: Constitution, Employment, Employment Retaliation
J. Van Tatenhove grants the Department of Alcoholic Beverage Control's motion to dismiss this suit filed by the coffee shop owner whose alcohol license was revoked. Though the revocation process for the shop's noncompliance with Covid-19 protocols began before the protocols ended, the owner alleges the department violated the First and Fourteenth Amendments by continuing the enforcement action after protocols were ended. The owner fails to raise a plausible claim that the enforcement is arbitrary and capricious.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: March 19, 2024, Case #: 3:22cv16, NOS: Other Civil Rights - Civil Rights, Categories: Licensing, Agency, Covid-19
J. Caldwell rules in part for city and police defendants in civil rights and negligence claims contending plaintiff had been misdiagnosed as overdosing on drugs after collapsing at work. Upon being discharged in a delirious state, plaintiff was arrested for trespassing at the hospital, but evidence does not indicate the city or officers either conspired to harm plaintiff or defamed him.
Court: USDC Eastern District of Kentucky, Judge: Caldwell, Filed On: March 12, 2024, Case #: 3:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Defamation
J. Bunning rules in part for an employer in discrimination claims because evidence indicates the employee was fired for insubordination, not due to his race. However, the employee may continue claims contending the contract was violated when his job duties were altered prior to termination.
Court: USDC Eastern District of Kentucky, Judge: Bunning, Filed On: March 6, 2024, Case #: 2:22cv26, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Contract