58 results for 'cat:"Civil Rights" AND cat:"Jurisdiction"'.
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J. Goodwin grants the board defendants' dismissal motion as to the former police chief's federal claims for failure to state a claim. The former chief contends that his termination was in retaliation for his "engaging in protected speech addressing a matter of public concern," but he fails to establish his claims under Section 1983. Specifically, his communications were made pursuant to his official duties. The court also declines to exercise jurisdiction over his state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv773, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Employment, jurisdiction
J. Otake dismisses a complaint by an individual bringing a complaint against the judicial officers involved in his traffic citations and his car’s impounding. The complaint does not rely on any applicable federal laws for the right to travel. Judges involved are barred from the claims by Eleventh Amendment immunity. The citations and other proceedings are still ongoing and the court does not have jurisdiction to make an decisions at the time.
Court: USDC Hawaii, Judge: Otake, Filed On: September 29, 2023, Case #: 1:23cv195, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, jurisdiction
J. Jones declines to exercise supplemental jurisdiction over the dog owner's state law claims concerning his complaint that the sheriff's department's officers wrongfully arrested the dog owner for assault, as he allegedly shot a man in self-defense after they had an altercation concerning their dogs fighting. There is nothing to indicate that a Washington state court cannot fairly decide on the dog owner's state law claims, and there is not a significant judicially economical incentive for the federal courts to retain jurisdiction.
Court: USDC Western District of Washington, Judge: Jones, Filed On: September 28, 2023, Case #: 3:21cv5898, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, jurisdiction
J. Watkins dismisses, for lack of personal jurisdiction in favor of the foreign corporation employer in an amended complaint of race discrimination claims. “When a defendant exerts a high degree of control over an entity, the contacts created by the entity are, in reality, created by the defendant.”
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: September 28, 2023, Case #: 2:22cv625, NOS: Employment - Civil Rights, Categories: civil Rights, jurisdiction, Employment Discrimination
J. Beeler dismisses class claims against Evolve, an online vacation-rental company, that allege the company discriminates against non-U.S. citizens by only working with U.S. and Canadian customers. The company has its headquarters in Colorado and has done nothing to specifically target California, so the claims are tossed for lack of personal jurisdiction.
Court: USDC Northern District of California, Judge: Beeler, Filed On: September 21, 2023, Case #: 3:22cv6103, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, jurisdiction, Class Action
J. Wilson remands this permissive interlocutory appeal with instructions to the district court to dismiss the housing advocate's disparate impact race claim. The district court allowed the race claim to proceed on the certified question of whether the “predictably will cause” standard for FHA disparate-impact claims remains viable after a decision in a guiding case. The housing advocate has not alleged a cognizable injury and lacks standing to bring the claims. Being that the district court lacked jurisdiction, the certified question cannot be answered.
Court: 5th Circuit, Judge: Wilson , Filed On: September 14, 2023, Case #: 22-30609, Categories: civil Rights, Housing, jurisdiction
J. Trapp finds the rental company's failure to object to the jurisdictional factfinding of the Ohio Civil Rights Commission precludes it from challenging the commission's jurisdiction on appeal; therefore, that portion of the appeal is dismissed. However, the commission erroneously found the company violated housing discrimination laws regarding service animals because its conclusions of fact referenced the statute dealing with pets in general, not service animals. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: September 5, 2023, Case #: 2023-Ohio-3123, Categories: civil Rights, Housing, jurisdiction
J. Kobayashi partially grants summary judgment to the Hawaii State Department of Health employees in this lawsuit alleging violations of the Individuals with Disabilities Education Act and the Rehabilitation Act, as well as medical malpractice, stemming from an alleged change in the son's educational placement. As to the parents' claim under IDEA, they failed to exhaust their administrative remedies, and in any event, the Department of Education is responsible for a "free appropriate public education." The court also declines to exercise jurisdiction over their medical malpractice claim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: August 21, 2023, Case #: 1:21cv455, NOS: Education - Civil Rights, Categories: civil Rights, Education, jurisdiction
J. Goodwin grants the U.S. Army and Air Force secretaries motion to dismiss a West Virginia Air National Guard Master Sergeant’s civil rights suit claiming her superiors at the 130th Airlift Wing denied her a position as a human resource development specialist because she is gender non-conforming and lesbian. Despite being a civilian employee, the court finds the master sergeant’s claims are barred by the intra-military immunity doctrine since she applied and was considered for the position while deployed to Qatar in 2018.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: August 10, 2023, Case #: 2:21cv612, NOS: Employment - Civil Rights, Categories: civil Rights, jurisdiction, Military
J. Urias denies a racehorse trainer’s motion for remand after he sued the head of the New Mexico Racing Commission and others for civil rights claims. The trainer said they had suspended his license and taken other actions against him for allegedly doping his horses without giving him the opportunity to defend himself. While some parties in this case in this may have waived their right to removal given the case’s litigation history, they did not waive their “right to consent to removal by the later-served defendants.”
Court: USDC New Mexico, Judge: Urias, Filed On: August 2, 2023, Case #: 1:22cv740, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, civil Rights, jurisdiction
J. Pratt finds partially in favor of the state defendants in a disability benefits case. The individual fails to show that the state defendants lack immunity against his claims related to the termination of his long-term disability benefits. In addition, the remaining state claims for unlawful termination and breach of contract are complex, and should be heard in that venue.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: July 31, 2023, Case #: 1:21cv2626, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Immunity, jurisdiction
J. Pryor finds that the 11th Circuit lacks jurisdiction over the police officers' challenge to the district court's decision rejecting their motion for summary judgment based on qualified and official immunity in a battery, negligence and civil rights action arising from the fatal police shooting of the estate administrator's decedent. The district court found that genuine issues of fact exist as to whether the officers' use of force was reasonable and whether the decedent posed a danger when the shooting happened. The 11th Circuit does not have appellate jurisdiction over decisions denying qualified or official immunity that turn on issues of evidentiary sufficiency.
Court: 11th Circuit, Judge: Pryor, Filed On: July 27, 2023, Case #: 22-10927, Categories: civil Rights, jurisdiction, Police Misconduct
J. Silva grants the county's motion to dismiss a wrongful death suit brought by the estate of a man who was killed by officers after failing to comply with commands and driving through the security gate at the Nevada National Security Site, leading officers on a chase. Private security officers were private actors who acted pursuant to their federal contract within a federal jurisdiction, and to the extent they acted with the county and its employees, both parties were jointly under color of federal, not state, law. The county employees have qualified immunity, and the estate does not state a plausible claim for relief.
Court: USDC Nevada, Judge: Silva , Filed On: July 24, 2023, Case #: 2:20cv2359, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, jurisdiction, Wrongful Death
J. Bean finds a lower court properly ruled in favor of the secretary of state on a detainee's civil rights claims. The detainee, a native of Nigeria who was kidnapped by Nigerian agents, argued that he suffering inhumane treatment in jail while serving time on criminal charges. However, the secretary of state presented sufficient evidence in court that it is obligated to refrain on moving ahead until the Nigerian courts come to a conclusion. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Bean, Filed On: July 7, 2023, Case #: CA-2023-726, Categories: civil Rights, jurisdiction
J. Brimmer grants the governor's and district attorney's motion to dismiss a civil rights action brought by an individual alleging violations of his Second Amendment rights. The individual challenged the constitutionality of three Colorado gun control laws related to background checks for private firearm transfers and removal of firearms from certain people. The individual alleged that a protection order entered against his son under a statute infringes on the individual's right to receive his son's guns. The individual lacks standing to challenge the laws.
Court: USDC Colorado, Judge: Brimmer, Filed On: July 6, 2023, Case #: 1:23cv1065, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, jurisdiction, Firearms