112 results for 'cat:"Civil Rights" AND cat:"Due Process"'.
J. Hurd grants a self-represented litigant’s motion for reconsideration and reinstates his fabricated evidence claim against a group of Syracuse police officers and detectives. He alleges the authorities fabricated evidence to frame him for a murder cold case. The court finds that, due to a change in the prevailing law following Second Circuit’s ruling in Barnes v. New York City, the underlying events in his claim satisfy the requirement that he show a causal connection between the alleged falsified evidence and a deprivation of his liberty interests.
Court: USDC Eastern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 5:20cv1489, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Evidence, due Process
J. Desai finds that the district court properly entered a summary judgment order granting qualified immunity to a City of Clovis police officer, in an action alleging that the officer violated an individual's due process rights when the officer disclosed a confidential domestic violence report to the individual's abuser, another Clovis police officer. The officer was liable under the state-created danger doctrine. However, the officer was entitled to qualified immunity because it was not clearly established in 2013 that the officer's conduct violated the individual’s substantive due process rights. Affirmed.
Court: 9th Circuit, Judge: Desai, Filed On: January 26, 2024, Case #: 22-16335, Categories: civil Rights, Immunity, due Process
J. Du denies Reno's motion to dismiss the adult cabaret performers' denial of due process claims. The performers, who are all between the ages of 18 and 21, challenged the city's new minimum age requirements for cabaret performers. Regardless of whether state law preempts the provision, the condition exists in which the city has issued business licenses to adults under 21, but then effectively prohibited them from continuing to perform. Therefore, the performers have suffered a plausible injury in fact.
Court: USDC Nevada, Judge: Du , Filed On: January 22, 2024, Case #: 3:19cv693, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Municipal Law, due Process
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J. Zilly stays a portion of the Korean restaurant's case accusing the city of not answering the restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The restaurant's claims for substantive due process, taking and negligence are dismissed with prejudice. The remainder of the case is stayed pending a ruling by the Washington Supreme Court in "Campeau v. Yakima HMA LLC."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 17, 2024, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, due Process
J. Huffaker grants, in part, a sex offender’s motion for summary judgment in his constitutional challenge to the Alabama Sex Offender Registration and Community Notification Act. Alabama restricts convicted child sex offenders from residing or spending the night with a minor, even if the minor is the offender’s child; the court finds this is unconstitutional under the due process clause of the 14th Amendment. The court enjoins the state from enforcing the law in its current form.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: January 10, 2024, Case #: 2:21cv797, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Injunction
J. Kasubhai finds in favor of the city against the developer's lawsuit asserting that the city's alternative traffic control plan unreasonably extended the time needed to complete infrastructure construction. The city's conduct did not violate the developer's right to due process, because its decision to revoke its permit for a full road closure in May 2019 was reasonably related to legitimate public safety concerns of emergency service's ability to respond to calls.
Court: USDC Oregon, Judge: Kasubhai, Filed On: January 5, 2024, Case #: 6:21cv809, NOS: Other Statutory Actions - Other Suits, Categories: civil Rights, due Process
J. Aiken denies the government's motion to dismiss the young activists' due process claim asserting that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The young activists adequately allege infringement of a fundamental right by stating that governmental action substantially damaged the climate system in a way that will cause human deaths and shorten human life spans, and that the Constitution’s protection of right to life includes a life "free from knowing government destruction of their ability to breathe, to drink, or to live."
Court: USDC Oregon, Judge: Aiken, Filed On: December 29, 2023, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Environment, due Process
J. Kirsch allows a student to continue certain claims contending Princeton University wrongfully sanctioned him after he was accused of sexual misconduct against a female student. The due process claims do not rise to a Title IX issue because evidence does not indicate the university only investigates complaints filed by female students, but contract claims may continue based on the contention that the school failed to interview a witness whose statements could have undermined the alleged victim's motivation.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 19, 2023, Case #: 3:22cv5887, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, due Process
J. Feuer finds the trial court improperly convicted defendant for stalking after defendant allegedly friended the victim on Facebook, posted inappropriate content that indicated he was watching her through her window and was arrested in the victim's apartment parking lot. Defendant, over the next few years, requested to substitute counsel several times, which the court denied because counsel was unprepared. However, counsel was prepared following the fourth request, and the court summarily denied the request without proper inquiry, infringing on defendant's right to counsel. Reversed.
Court: California Courts Of Appeal, Judge: Feuer , Filed On: December 15, 2023, Case #: B322762, Categories: due Process, Menacing, civil Rights
J. Carney-Axon grants, in part, a sheriff’s motion to dismiss this civil rights case brought by a bingo hall alleging arbitrary and capricious fees were imposed on electronic gaming operations. In certain Alabama counties, voters approved the operation of nonprofit bingo halls by constitutional amendment, and allowed the sheriff’s department to collect an assessment fee. The court directs the bingo hall to file a second amended complaint on its equal protection and unlawful taking claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: December 13, 2023, Case #: 7:23cv1297, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, due Process
J. Wiley finds the trial court improperly denied the nursing student's petition for a writ challenging his dismissal from a school's program. Though the school's policies did not require it to hold a hearing, the California Supreme Court has since issued a "landmark decision" about the doctrine of fair procedure. The trial court must determine whether the doctrine of fair procedure applies and, if so, whether it required the school to offer the student additional procedures. Vacated.
Court: California Courts Of Appeal, Judge: Wiley , Filed On: December 13, 2023, Case #: B320590, Categories: civil Rights, Education, due Process
Per curiam, the circuit finds the district court properly dismissed the former prisoner's suit alleging that health care was deliberately withheld during his incarceration. The suit was dismissed for failure to serve process, though the former prisoner argues his indigency, mental disability and the COVID-19 pandemic gave good cause for his 2-year delay in serving process. The former prisoner did nothing when alerted to the need for service, waited passively for over two years and has failed to show good cause. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 12, 2023, Case #: 23-40038, Categories: civil Rights, due Process, Prisoners' Rights
J. Ho grants the former Kuwaiti attache's motion to dismiss trafficking claims but denies his wife's motion to dismiss the same claims based on their employment of a housekeeper. The Hague Convention does not apply in this case because the attache's address is unknown and the housekeeper exercised reasonable diligence in searching for his and his wife's physical addresses. The housekeeper's proposed alternative service, namely service by personal email, Facebook, text, and WhatsApp comply with due process.
Court: USDC Southern District of New York, Judge: Ho, Filed On: December 8, 2023, Case #: 1:23cv321, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, civil Rights, due Process
J. Drell denies summary judgment to two officers on their argument that excessive force claims by a wanted suspect, subdued after a foot chase and taser deployment, should be dismissed since his own deposition testimony establishes he did not suffer physical injury. The authorities fail to address, much less dispute, the allegations of psychological injury from his arrest including paranoia when he sees police, trouble sleeping and an ability to enjoy time with his children.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: November 27, 2023, Case #: 1:20cv36, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Klausner dismisses the California State University professors' complaint accusing the CSU chancellor and others of implementing a policy that discriminated against members of the Indian and South Asian communities and those who practiced Hinduism. The professors claim that the policy violates due process because it uses the word "caste" without providing a definition and thus allows vague usage. However, the anti-discrimination policy is meant to shield religion from discrimination, and they do not show that they face a credible threat of persecution from this policy despite being Hindu practitioners for the duration of their employment.
Court: USDC Central District of California, Judge: Klausner, Filed On: November 21, 2023, Case #: 2:22cv7550, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Employment, due Process
J. Pepper grants the citizen's motion to proceed without pre-paying the filing fee in his lawsuit alleging the county caused false charges to be brought against him in violation of his constitutional rights. The citizen has until December 22, 2023, to file an amended complaint addressing the issues in his current complaint, including a vagueness of allegations and violations of specific constitutional rights by specific entities or individuals and a lack of clear claims for relief that properly trigger federal jurisdiction. His lawsuit will be dismissed if he does not file an amended complaint by the deadline.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 17, 2023, Case #: 2:23cv1185, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process
J. Higginbotham finds the district court improperly found for a school district in this suit filed by a student alleging it failed to accommodate her hearing impairment. Although the district court held the student did not administratively exhaust her claims under the Individuals with Disabilities Education Act, mandated administrative proceedings are non-preclusive. Vacated.
Court: 5th Circuit, Judge: Higginbotham, Filed On: November 16, 2023, Case #: 22-50854, Categories: civil Rights, Education, due Process
J. Doughty grants summary judgment to a city police chief and dismisses due process claims by a detective fired for repeatedly lying during an internal probe into whether he intentionally delayed reporting a police brutality criminal investigation to influence the outcome of the city mayoral election. The fired detective cannot establish any acts by the police chief that can be classified as arbitrary and capricious, and, therefore, his due process claim is dismissed.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 14, 2023, Case #: 3:22cv828, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Rothstein dismisses the spa owners' lawsuit alleging that Andreta Armstrong, Executive Director of the Washington State Human Rights Commission, and the HRC investigator violated the spa owners' religious beliefs by trying to force them to allow transgender women with male genitalia to enter the spa “specifically designed for women.” The spa owners argue that the HRC investigator denied them due process by not performing an investigation of the discrimination complaint against them, but the spa owners chose to not have an investigation when they agreed to a settlement with the complainant.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 13, 2023, Case #: 2:22cv340, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Settlements, due Process
J. Seybert denies a motion to recuse herself from an attorney’s civil rights action alleging due process violations. The attorney tried to argue the judge’s impartiality would be impacted by a working relationship she had with a defendant while working as a judge at the Nassau County District Court over 30 years ago, when the defendant was working as a court officer in the same location. However, the judge has no recollection of the defendant and their relationship at the time was simply professional.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: November 8, 2023, Case #: 2:22cv7398, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Judiciary, due Process
J. Chun dismisses the arrestee's lawsuit alleging that a detective recommended the arrestee on an affidavit for witness intimidation after the mother of a murder victim accused him of telling her, “We’ll just do to you what we did to Wesley [her son]," for wearing a T-shirt with her deceased son's face on it. The arrestee does not present evidence that the detective's decision to not interview him before submitting the probable cause affidavit qualifies as discriminatory conduct, nor does the arrestee prove that the detective violated due process through false allegations, as none of the supposed allegations are conclusively false.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:21cv1203, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Kobayashi grants two state employee’s motion to dismiss a Hawaiian citizen’s second complaint allegations of due process violations and violations of his constitutional right to the free exercise of his religion after he was evicted from a small boat harbor. The citizen fails to identify an issue of fact whether his rights were violated, and the employees qualify for qualified immunity. Therefore, the citizen’s motion for partial summary judgment is denied as moot and this case is to be directed to the clerk’s office for final judgment.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 31, 2023, Case #: 1:21cv368, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, First Amendment