60 results for 'judge:"Jordan"'.
J. Jordan finds a woman can continue with some of her civil rights claims against the county and a police officer who arrested her when she attempted to intervene in her friend's arrest. The First Amendment, unlawful-arrest and excessive force claims against the officer survive, and her conditions-of-confinement and unlawful strip search claims against the county are plausible.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: October 18, 2023, Case #: 3:22cv508, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Jordan dismisses the company's trademark infringement suit against the creator of the "Baby Shark" video, which has billions of views on YouTube. The court lacks jurisdiction over the video creator, which is based in South Korea and "has no business presence in Texas whatsoever."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: October 6, 2023, Case #: 4:22cv368, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition, Jurisdiction
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J. Jordan finds defendant's petition for review of a Board of Immigration Appeals decision calling for his removal as an aggravated felon must be partially granted. The petition fails in one respect because, despite his arguments, defendant's Massachusetts conviction for armed robbery constitutes both a "theft offense" and an aggravated felony under federal statutes, but his petition is granted in the sense that both parties agree the case needs to be remanded to the BIA to consider withholding removal, though it is determined defendant, a citizen of Sierra Leone, is ineligible for asylum.
Court: 11th Circuit, Judge: Jordan, Filed On: October 2, 2023, Case #: 21-12743, Categories: Immigration, Robbery
J. Jordan finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder. Defendant refused to follow through with his end of a plea agreement by testifying against his co-defendant. Defendant failed to show that he would have honored the plea agreement if his attorneys had done more to convince him to testify. Defendant has therefore not shown that he was prejudiced by his counsels' allegedly deficient performance. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: September 6, 2023, Case #: 22-11459, Categories: Death Penalty, Habeas, Ineffective Assistance
J. Jordan denies a county court’s motion to dismiss claims of race discrimination alleged by a terminated white administrator, who says the Black woman that replaced her had less experience yet received higher pay. The county’s board of supervisors is dismissed as a party, but the discrimination claims against the judge survive.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: August 21, 2023, Case #: 3:22cv643, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Employment Discrimination
J. Jordan finds that the district court properly ruled in favor of the college regarding a student's claims for breach of contract and violations of Title IX. The action arose after the college found the student violated its sexual misconduct policy by sexually assaulting a female student. The male student did not claim that he was incapacitated and there is no evidence that the college discriminated against him on the basis of sex by failing to investigate the female student. The college's decision to inquire about the student's past sexual history was not suggestive of gender bias in light of an anonymous allegation that he had sexually assaulted three other female students. The student failed to show that the Title IX investigator had or acted on gender bias. The district court correctly precluded the student's expert, a history professor, from presenting opinions about the college's purported gender bias. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: August 14, 2023, Case #: 21-11081, Categories: Civil Rights, Education, Experts
J. Jordan denies the attorney’s motion to file an amended complaint challenging the Supreme Court’s process for allowing licensed attorneys to use continuing legal education credits from other jurisdictions. The attorney has failed to correct the deficiencies in her claim and further attempts to correct would be futile.
Court: USDC Virgin Islands, Judge: Jordan, Filed On: July 28, 2023, Case #: 1:22cv44, NOS: Civil Rights - Habeas Corpus, Categories: Education, Government
J. Jordan dismisses the cosmetic supplies distributor's declaratory judgment action that seeks to determine whether it had a contract with a software company that later filed suit in the District of Massachusetts. The distributor's "anticipatory filing creates issues of forum shopping and fairness and frustrates judicial economy," so the Texas action is dismissed in favor of the Massachusetts case.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: July 10, 2023, Case #: 4:22cv285, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Jordan finds that the district court improperly ruled in favor of the commissioner and analysts in a civil rights action brought by the inmate arising after four emails the inmate tried to send were intercepted and not delivered due to violations of standard operating procedures in their contents. Three of the emails, which were addressed to the inmate's sister, violated a rule against requesting forwarding to third parties. The inmate had a protected liberty interest in the emails because they are a form of correspondence. He was therefore entitled to notice when they were intercepted and withheld. Although a reasonable jury could find that the analysts denied the inmate his due process rights, they are entitled to qualified immunity because there was no governing precedent concerning the due process implications of censoring or intercepting inmates' outgoing emails at the time of their actions. Reversed in part.
Court: 11th Circuit, Judge: Jordan, Filed On: June 23, 2023, Case #: 21-11982, Categories: Civil Rights, Due Process, Prisoners' Rights
J. Antongiorgi-Jordan grants a property owner judgment as a matter of law in this slip and fall complaint because the couple failed to demonstrate the existence of a dangerous condition or that the property owner failed to warn visitors about the danger.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordan, Filed On: June 22, 2023, Case #: 3:21cv1078, Categories: Negligence
J. Jordan issues a revised opinion in the case after the panel's previous ruling was vacated by the U.S. Supreme Court and finds that the district court properly denied defendant's motion for a reduction of his 57-month sentence under the First Step Act. Although defendant, who was convicted of violating probation, is eligible for a sentence reduction under the Act because his underlying crime is a covered offense, the district court did not abuse its discretion in denying defendant's motion in light of his demonstrated unwillingness to abide by the law. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: June 21, 2023, Case #: 19-14381, Categories: Sentencing