2,417 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Means finds that county commissioners who established a regulation limiting electioneering on county property during elections have not violated a conservative group’s right to freedom of speech. The county property that is restricted by the regulation is not a traditional public forum and the county’s restrictions target electioneering activity broadly and are not designed to suppress a particular view. The conservative group’s request for a preliminary injunction is denied.
Court: USDC Northern District of Texas , Judge: Means, Filed On: May 7, 2024, Case #: 4:24cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Injunction
J. Orrick dismisses all civil rights claims from U.S. News against the San Francisco Attorney's Office over subpoenas that the office issued to the news agency looking for information related to what methodologies it used to rank the hospitals in the United States. U.S. News says the subpoenas infringe on its First Amendment rights. The attorney's office, having voiced concerns that the news agency might be in violation of California code regarding its ranking activities, has a legal interest in the information and any claims from the agency that the subpoenas will quell its free speech are speculative and without merit.
Court: USDC Northern District of California, Judge: Orrick, Filed On: May 7, 2024, Case #: 3:24cv395, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Sands partially grants the police sergeant's and deputy's motion to dismiss a civil rights and negligence action brought by the individual after he was told he would be arrested for trespassing if he continued holding a sign outside the Georgia Department of Economic Development reading "God Bless Homeless Veterans." The individual improperly used sheriff's deputies from the same sheriff's office as the sergeant and deputy to serve them. The individual is ordered to timely serve the officers within 21 days.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: May 7, 2024, Case #: 7:23cv120, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. King partially grants the city's motion to stay the family's complaint alleging that the city's employees killed the decedent by placing a spit mask on him after they choked him. The police officers plan to assert their Fifth Amendment rights for the potential federal charges against them, and their depositions are the only identified discovery that the family does not have, so a stay is appropriate. Unless the stay goes on beyond six months, the parties shall notify the court when the U.S. Attorney's Office for the Western District of Washington decides whether to pursue federal criminal charges against the police officers within 30 days of notification.
Court: USDC Western District of Washington, Judge: King, Filed On: May 6, 2024, Case #: 3:21cv5692, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Discovery, Police Misconduct
J. Morrison orders the former attorney, Andrew Plasse, in an excessive force lawsuit against New York City to transfer his client’s case file to the new counsel, Michael Walker, finding the Plasse is not entitled to either a retaining or charging lien after concluding he was discharged from the case with cause. Plasse was sanctioned by the court for failing to act in his client’s best interest, including withholding pertinent details of a proposed settlement agreement and by lying to the court about his client’s health in order to adjourn a scheduled conference.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: May 6, 2024, Case #: 1:14cv680, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Attorney Discipline
[Consolidated.] J. Thompson denies, in part, the attorney general’s motion to dismiss this lawsuit regarding the constitutionality of prosecuting anyone who assists in facilitating out-of-state abortions brought by an advocacy group, also on behalf of its clients, and a women’s center also on behalf of its staff. The group and center seek to prohibit the prosecution of those who assist pregnant women to obtain abortions where it is still legal in other states alleging it is a violation of the right to travel, freedom of speech, freedom of association, the right to fair-notice due process claims, and is overbroad. The attorney general cannot prevent people to travel to another state, “Alabama can no more restrict people from going to, say, California to engage in what is lawful there than California can restrict people from coming to Alabama to do what is lawful here.” Their overbreadth and the fair-notice due process claims are dismissed, but the advocates’ freedom of speech, right to travel, freedom of association and extraterritoriality claims survive the motion.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: May 6, 2024, Case #: 2:23cv450, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Due Process
J. Kobayashi dismisses a complaint that accuses the state of providing pornography to minors through its public library system, finding that the woman’s claims that children have been sexually abused at state libraries are not detailed or backed up by facts. Other claims she made also do not relate to each other or the library. Further, she does not have standing to bring claims on behalf of unnamed minor children as she does not assert any relationship with them.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 3, 2024, Case #: 1:24cv101, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
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. Winmill denies in part a police officer and her husband's motion for summary judgment regarding an individual's claims of false arrest and defamation after he was arrested for misdemeanor second-degree stalking of the police officer, her husband, and their 12-year-old daughter. The couple alleged that the individual would park outside their home, beside their daughter's school bus, and that he tried to enter their home. After he was arrested, the husband posted the individual's mugshot on NextDoor. The county prosecutor eventually dismissed the charges against the individual. Undisputed facts show that the sheriff's department officer had probable cause to arrest the individual and that the police officer who claimed he was stalking her did not participate in the investigation or arrest. It is up to the jury to decide whether the husband acted negligently in posting the individual's information to NextDoor.
Court: USDC Idaho, Judge: Winmill, Filed On: May 3, 2024, Case #: 1:20cv186, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Coulson denies a former police officer’s estate’s motion for summary judgment seeking a ruling in their favor without a trial in this lawsuit brought by a retired police officer alleging violations of the United States Constitution, the Maryland Declaration of Rights, and Maryland common law. The retired officer alleges he was battered, falsely arrested with excessive and unreasonable force, and maliciously prosecuted by the decedent and fellow officers. The decedent alleged that the retired officer did in fact resist arrest and any reasonable jury could find it was excessive force during handcuffing. Therefore, the decedent is not entitled to qualified immunity, there are genuine disputes of material fact and adequate discovery needs to be developed. The estate may file another motion for summary judgment after the discovery is available.
Court: USDC Maryland, Judge: Coulson, Filed On: May 3, 2024, Case #: 1:23cv2379, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Municipal Law, Police Misconduct
J. Surrick grants the treasurer of Pennsylvania’s motion to dismiss a class action suit alleging that Pennsylvania’s Disposition of Abandoned and Unclaimed Property Act, wherein the state treasurer takes custody of certain property deemed “abandoned and unclaimed,” violates the takings clause of the Fifth Amendment of the U.S. Constitution. The government does not need to compensate an owner for the consequences of their own neglect.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: May 3, 2024, Case #: 2:22cv1852, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Property
J. Chun declines to dismiss the school faculty member's retaliation claim in his complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausibly alleges a First Amendment retaliation claim as his speech “related to scholarship or teaching." While the university and its president cite the "Johnson v. Poway Unified School District" decision that allows discipline of speech on school grounds, that case's analysis focuses on secondary school education, not college education.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 3, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Retaliation, First Amendment
J. Brennan grants the federal government's motion to dismiss, ruling the restaurants lack standing to challenge the Small Business Administration's refusal to prosecute fraudulent recipients of Covid-19 relief funds. The relevant legislation does not require such enforcement measures. Additionally, the restaurants' claims have been mooted by the expiration of the grant period, such that even if the court were to grant them relief and require disbursement of grants, the businesses would be required to immediately return the funds to the federal government.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 3, 2024, Case #: 1:21cv2361, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Government, Covid-19
J. Reiss denies, in part, a resident’s motion for summary judgment in this case where she accused a sergeant of excessive force during a physical altercation between them while she was detained in the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the sergeant’s failure to use the department’s response to resistance policy, while a reasonable jury could find that the alleged use of force was extreme, and he did plead guilty to intentionally punching the resident. The chief’s motion for summary judgment is granted as to all claims because the resident failed to address his request for dismissal.
Court: USDC Vermont, Judge: Reiss, Filed On: May 3, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Police Misconduct
J. Immergut denies the county's motion to dismiss the false imprisonment claim in the resident's complaint alleging that the city's task force arrested him thinking he was someone else despite discrepancies like different birth dates. The county does not include any evidence to suggest that the officers reasonably believed that the resident was the person described in the warrant and that the belief was objectively reasonable.
Court: USDC Oregon, Judge: Immergut, Filed On: May 3, 2024, Case #: 3:22cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Wood partially grants the county administrator's, the county's, the ambulance service's and the 911 dispatchers' motions to dismiss a wrongful death and negligence action brought by a widow after her husband went into cardiac arrest and died from an anoxic brain injury. An ambulance did not arrive in response to the widow's 911 calls. The widow's state law claims against the county and other parties in their official capacities are barred by sovereign immunity. However, the widow's claim that the dispatchers deliberately lied in telling her an ambulance would arrive is enough to show an intent to cause harm and a violation of the husband's rights. The widow also sufficiently alleged a causal connection between the supervisors' conduct and the violation of the husband's rights.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: May 2, 2024, Case #: 2:23cv27, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Due Process, Wrongful Death
J. Maldonado denies an Illinois city and its police officers’ motion for new trial, judgment or remittitur of damages. A jury previously found the city and its police liable for falsely imprisoning a man and violating his Fourth Amendment rights, and awarded the man over $3 million in damages. The court found the jury properly arrived at its verdict and issued appropriate damages.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: May 2, 2024, Case #: 1:17cv4699, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct
J. Fallon grants a request by officials of a parish council, dismissing the claims of a resident alleging they violated his due process rights by improperly denying him a permit to sell Valentine’s Day gifts. The entrepreneur’s councilman withdrew an enabling resolution, after admonishing the resident for his treatment of council staff. He accused parish elected officials of abuse of power. The Valentine’s Day salesman’s suit is dismissed as previously litigated in state courts.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 1, 2024, Case #: 2:23cv2035, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Constitution, Government