2,403 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Pepper gives the citizen until June 7, 2024, to file an amended complaint in his pro se lawsuit claiming excessive force and other violations of his rights during two confrontations with police in the 1990s, as the current complaint fails to state clear claims and, as currently pleaded, the claims in the current complaint appear to be time-barred.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 10, 2024, Case #: 2:23cv614, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Dever dismisses with prejudice a former police chief’s motion to amend his complaint against a municipality and certain of its staff members, alleging they discriminated against him because he is Hispanic and blind in one eye. For instance, the town manager allegedly micromanaged the chief and made racist comments to him, such as “[you] should learn to dance the salsa.” The chief also cites not having been given a pay increase at the same time as others in similar positions, although he previously fought this and succeeded. He also claims constructive discharge based on his negative experiences, but the behavior of the manager and others does not rise to the level of discrimination under the 14th Amendment’s equal protection clause.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv446, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, Employment Discrimination, Employment Retaliation
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. Duggan grants two police officers' motion for summary judgment concerning an estate representative's unlawful search and seizure claims. The police officers sufficiently showed in court that they were obligated to search the vehicle of a civilian, now deceased, after he showed up to a property, in violation of a protective order launched by a female associate.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: April 9, 2024, Case #: 3:18cv1464, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Wicks grants the Federal Bureau of Investigation’s motion for reconsideration in a civil rights lawsuit against Suffolk County and prohibits the county from disclosing 40 reports related to a prior federal criminal investigation into Suffolk County’s district attorney. The documents contain privileged information not related to the case and the litigant may petition the agency or file a FOIA request in order to obtain the information if desired.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 9, 2024, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Police Misconduct
J. Pham partially grants the pedestrian's motion to compel certain discovery in this civil rights action stemming from an interaction with police officers in which he was allegedly detained and searched without probable cause and subjected to an "anal cavity search." The motion, which pertains to the issue of equitable estoppel, is granted as to his request related to the "disposition and pendency time" of the police department's investigations into citizen complaints, though it is limited as to the timeframe and the investigative categories.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: April 9, 2024, Case #: 2:20cv2570, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Discovery
J. Beckerman grants the estate's motion to compel the Department of Human Services to produce documents in the estate's complaint that DHS placed the child in a home where the foster parent did not properly administer the medication for the child's congenital heart defect and did not take him to a cardiac rehabilitation appointment, resulting in the child's death. DHS is to produce all tort claim notices about alleged abuse, neglect or deaths of foster children in District 1's custody from 2013 to the present, because the existence of persistent violations are relevant to a case involving the death of a foster child as the result of alleged neglect from his foster parent and the agency that placed him with the foster parent.
Court: USDC Oregon, Judge: Beckerman, Filed On: April 9, 2024, Case #: 3:23cv705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
J. Geraci allows a corrections officer to continue pro se claims contending a union kept deducting dues from his wages after he resigned and failed to honor time-off requests, as well as falsely accused him of various wrongdoing on the job. The officer failed to demonstrate he properly notified the union of his resignation, and the complaint failed to plausibly allege retaliatory actions had been taken against him related to health benefits due to his resignation. However, accusations that he abandoned his post had not bee investigated.
Court: USDC Western District of New York, Judge: Geraci , Filed On: April 9, 2024, Case #: 6:22cv6279, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Christensen grants a preliminary injunction against the Interim Director of the
Montana Department of Transportation over his ability to enforce a durational limit on political signs near highways. The director has promised not to enforce the limit and says that the case is moot, and while it is true that an injunction will have "little functionality" because of the director's decision to not enforce it, the injunction will be issued regardless for the simple reason that those bringing the suit still have the merits of the case on their side.
Court: USDC Montana, Judge: Christensen, Filed On: April 8, 2024, Case #: 6:23cv21, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Merchant dismisses a Suffolk County father’s civil rights lawsuit alleging the Suffolk County District Court violated his constitutional rights when it granted custody of his children to their mother. His claims concerning the court’s ruling are precluded by the domestic-relations abstention doctrine, the judges involved in the child custody case are entitled to judicial immunity and the remainder of his claims fail to conform to civil procedure by failing to name an official acting under state law.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 8, 2024, Case #: 2:24cv126, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Family Law
J. Jackson grants the landlord defendants' motion for partial summary judgment and dismisses the tenants' claims for failure to accommodate under the Fair Housing Act and the Oklahoma Fair Housing Law. The court concludes that the "requested accommodation was neither necessary nor reasonable." The tenants were allegedly denied a one-year lease renewal, but the standard lease was only for six months. Also, the evidence shows that they moved out of the apartment 32 days "before their required move-out date."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 8, 2024, Case #: 6:23cv115, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, Housing
J. Conley partially grants motions in limine from the police officer and the citizen in the latter's lawsuit claiming he was stopped and had his car searched without reasonable suspicion, was subjected to excessive force during his arrest and that false pretexts were used to secure a warrant to search his hotel room. The citizen's motion to bar the officer from introducing evidence of his five previous felony and misdemeanor convictions is partially granted, and the officer's lawyer is only allowed to ask him if he has been "convicted of five crimes punishable by imprisonment for more than one year," unless the citizen's answer opens the door to further inquiry. In part, the officer's motions are partially granted in that he can only inquire about the citizen's brother's past convictions in a similar way and the citizen is barred from making a "golden rule" argument asking the jurors to put themselves in his shoes.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 8, 2024, Case #: 3:21cv65, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
J. Holcomb finds in favor of the state agency against the attorney's complaint, which alleges that the state agency must independently investigate the judge who served as an arbitrator in an underlying divorce action because the judge was actually a temporary judge. The Eleventh Amendment bars this action, because it gives states and state agencies sovereign immunity to cases filed in federal court.
Court: USDC Central District of California, Judge: Holcomb, Filed On: April 8, 2024, Case #: 5:22cv1709, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Judiciary, Immunity
J. Robinson denies a civilian's motion for preliminary injunction concerning claims that a board of City commissioners violated his free speech and equal protection rights. The City commissioners sufficiently showed in court that the civilian was extraordinarily disruptive during open public meetings, which resulted in warnings after he refused to stay on topic by presenting non- germane matters.
Court: USDC Kansas, Judge: Robinson, Filed On: April 8, 2024, Case #: 5:23cv4107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Cote grants the Anti-Defamation League's motion to dismiss the Nation of Islam's complaint alleging the non-profit has repeatedly defamed the group by labeling it anti-Semitic. The non-profit pressured Ticketmaster not to sell tickets for the group's yearly benefit, and caused a university to refuse the group's request to use its facilities as a venue. The Nation of Islam cannot prove that the non-profit's assertions are false, as its letter to Ticketmaster directly quotes Nation of Islam leader Louis Farrakhan using the phrase "satanic Jews." Other challenged statements made by the non-profit are non-actionable opinion.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 5, 2024, Case #: 1:23cv9110, NOS: Other Civil Rights - Civil Rights, Categories: Defamation
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
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
J. Roman finds for the school district on a student's defamation and civil rights claims stemming from his five-day suspension for posting a photo of himself in a parking lot while his friend knelt above him with the caption "Cops got another" one day before the jury returned a verdict in Derek Chauvin's trial for the murder of George Floyd. The student received death threats after posting the photo, which was decried as racist, and the incident was a substantial disruption to the school, sparking a student demonstration and a school assembly. The district has an interest in maintaining order within its schools and therefore did not infringe on the student's free speech rights by disciplining him.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 5, 2024, Case #: 7:21cv6008, NOS: Other Civil Rights - Civil Rights, Categories: Education, Defamation, First Amendment
J. Kleeh grants in part the motion of the Lewis County Commission and three deputy sheriffs for partial summary judgment in the deceased parolee’s estate's suit claiming the deputies caused the parolee's death, when following a foot pursuit in the course of serving a warrant for his arrest, the deputies tased, then held him face-down for an extended period until paramedics arrived. The deputies are granted qualified immunity on the estate's excessive force claims, finding it has failed to demonstrate the deputies violated a clearly established right by using their Taser to subdue the parolee, and on its Monell claim of municipal liability against the commission for violating a clear custom and practice, since prior to their apprehension of the parolee they have never been accused of either excessive force or failing to render medical assistance.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: April 4, 2024, Case #: 2:20cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct