2,417 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Singh grants a motion to file a third amended complaint in claims alleging police harassed plaintiff, a Black man who lives in Pennsylvania, whenever he drove into New Jersey, and claims contending police interrogated his mother, because details about additional police officers came to light during discovery, and the pleading would not be barred by any statute of limitations.
Court: USDC New Jersey, Judge: Singh, Filed On: May 1, 2024, Case #: 3:19cv21164, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Discovery
J. Cabell denies a mayor’s motion for judgment as a matter of law, or alternatively a new trial, related to a verdict in favor of a developer on the developer’s contractual interference claim against the mayor, after city officials denied the developer permits he needed to develop a subdivision of homes. The mayor claims the use of the word “or” in the verdict form makes it unclear which contract he is determined to have interfered with, but the mayor raises this argument too late and had the opportunity to have done so earlier.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 1, 2024, Case #: 1:16cv11575, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Real Estate, Zoning
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. Milazzo grants a preliminary injunction to a 71-year-old widow with a medical condition and sole custody of her 6-year-old granddaughter. The Louisiana Department of Health is ordered to continue paying the woman’s Medicaid health premium while she challenges the state’s termination of her benefit based on its “size of the family” criteria that does not include children or grandchildren. Louisiana stopped paying the grandmother’s monthly Medicaid premium in early April 2024, based on its conclusion she lived in a one-person home, a finding that does not include the child, who is dependent upon her for financial support. Louisiana’s Medicaid manual limits the state’s family size criteria to a household of two - an applicant and an eligible spouse.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 30, 2024, Case #: 2:24cv728, NOS: Other Civil Rights - Civil Rights, Categories: Government, Health Care, Medicaid
J. Pepper grants the nail salon owner's motion to proceed without prepaying the filing fee in her lawsuit alleging a former friend maliciously slandered her and her business on social media. In part because there is a lack of clarity in the complaint regarding jurisdiction, the owner is given until June 7, 2024, to file an amended complaint. If she does not, her lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv8, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Nye grants in part the Sierra Club's motion for preliminary injunction regarding a city ordinance that prohibits the use of megaphones and gathering in parks. A group of high school and junior high student members of the Sierra Club planned to participate in a Global Climate Strike, including marching to city hall while chanting. The group challenges the megaphone and park gathering restrictions. The Sierra Club has shown that the megaphone restriction has led to self-censorship, and has cited multiple instances when the megaphone restriction was enforced. The park restriction is content-neutral and the Sierra Club has ample alternatives to share its message. The city is enjoined from enforcing the ordinance prohibiting the use of sound amplification devices in the downtown area while this lawsuit is pending.
Court: USDC Idaho, Judge: Nye, Filed On: April 29, 2024, Case #: 1:24cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Vilardo rules in part for county officials in claims contending an inmate died from acute respiratory failure for lack of proper supervision because evidence did not indicate that anyone other than a single nurse ordered any actions, that the nurse had a prior track record of failing to follow procedure, or that the county trained medical staff at the holding center with deliberate indifference.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 29, 2024, Case #: 1:20cv1689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Watson dismisses a complaint, filed by the owner of a controversial vanity license plate reading “FCKBLM,” against Honolulu for attempting to revoke the plate. Vanity license plates are a form of government speech that are subject to rules about profanity that are not too vague. Those regulations do not restrict messages based on viewpoint, as the owner suggested, and the letters FCK can be interpreted as an expletive and are not in themselves a protected viewpoint.
Court: USDC Hawaii, Judge: Watson, Filed On: April 29, 2024, Case #: 1:22cv407, NOS: Other Civil Rights - Civil Rights, Categories: Government, First Amendment
J. Lin denies in part summary judgment to an officer seeking qualified immunity regarding excessive force claims from a woman who was bitten by a police dog while hiding, unarmed, in some bushes after stealing from an Ulta Beauty store. The women has abandoned her claim that the initial bite from the dog was excessive, but her claims that the officer allowed the bite to go on for too long will proceed. The woman alleges that the officer allowed the dog to continue biting the top of her scalp after she stated that she would surrender and pleaded for the officer to get the dog off of her.
Court: USDC Northern District of California, Judge: Lin, Filed On: April 29, 2024, Case #: 3:22cv1097, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Ellison finds that FBI employees who were required to take regular Covid-19 tests, as part of an accommodation policy for those that requested a religious exemption to vaccine mandates, cannot sue Attorney General Merrick Garland and FBI Director Christopher Wray in their individual and official capacities for violations of the Religious Freedom Restoration Act. The court lacks subject matter jurisdiction because sovereign immunity prevents the plaintiffs’ claim under the Act, and the defendants’ location in Washington D.C. and their roles enforcing U.S. policy prevent the court from having personal jurisdiction. The suit is dismissed.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: April 29, 2024, Case #: 4:23cv1817, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, Jurisdiction, Employment Discrimination
J. Seabright refuses to dismiss part of a fired employee’s complaint against state deputy attorneys general for informing his Japanese employer about his previous litigation history. One of these attorneys general does not have qualified immunity as there is evidence of the deputy attorney general contacting his former employer. There is also evidence of malice and that she would have known about the employee’s employment contract at the Japanese company. Emotional distress claims are dismissed, however, as the act was not “outrageous.”
Court: USDC Hawaii, Judge: Seabright, Filed On: April 29, 2024, Case #: 1:23cv359, NOS: Other Civil Rights - Civil Rights, Categories: Government, Interference With Contract, Employment Retaliation
J. Robertson grants the city defendants' motions for summary judgment in this lawsuit arising from a traffic stop that allegedly ended with the driver's arrest. The driver, who was initially stopped for an alleged headlight violation, brings claims for false arrest, excessive force and failure to train. The arresting officer is entitled to qualified immunity, as the evidence does not show excessive force in the use of the handcuffs. The officer was also authorized to arrest the driver after the driver refused to sign the citation.
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: April 29, 2024, Case #: 6:22cv146, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Brailsford denies in part a police officer's motion for summary judgment regarding a car passenger's allegations of excessive force, unlawful arrest and unlawful seizure of car following a traffic stop. The passenger's motion for partial summary judgment for unlawful arrest and unlawful seizure of car is granted. The officer does not dispute that he broke the passenger's arm while performing a joint lock technique on her after arresting her husband, the driver. The passenger was charged with resisting or obstructing law enforcement for refusing to vacate the car. The charge was later dismissed. Undisputed facts show that the officer did not have authority to impound the car. The officer arrested the passenger without probable cause. The officer is not entitled to qualified immunity for unlawfully arresting the passenger and issues of material fact exist regarding her claim of excessive force.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 29, 2024, Case #: 1:22cv281, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Hernandez dismisses the parents' claims alleging that the county and its officers instigated an unfounded criminal prosecution of the father for child abuse, and then wrongfully initiated custody proceedings regarding the parents' two children. The parents do not present a constitutional violation.
Court: USDC Oregon, Judge: Hernandez, Filed On: April 29, 2024, Case #: 3:23cv650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Dishman dismisses the individual plaintiff's negligence and malicious prosecution claims against the government based on a lack of jurisdiction. The claims arise from an incident at a medical center that allegedly resulted in the plaintiff's arrest. He was later "acquitted of the conduct" and brought the current claims as a result. The conduct alleged against the law enforcement officers does not support a negligent arrest claim, however, and the plaintiff fails to cite "an appropriate private party analogue for his negligent delay of medical care claim." His excessive force claim remains for trial.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: April 29, 2024, Case #: 5:19cv1102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Negligence