233 results for 'cat:"Civil Rights" AND cat:"Constitution"'.
J. Scudder finds that the lower court properly dismissed a man's constitutional challenge to two laws barring felons from holding public office, which were used to oust him from a position on the Sauk Village Board of Trustees. The man's claims are barred by the doctrine of res judicata as he already litigated the same claims that the laws violate the Eighth Amendment in state court. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: July 3, 2024, Case #: 23-2502, Categories: Civil Procedure, civil Rights, constitution
J. Kagan finds that the circuit improperly ruled in cases in Florida and Texas related to social media content moderating and remands the action for circuit courts to analyze "First Amendment challenges to Florida and Texas laws regulating large internet platforms."
Court: US Supreme Court, Judge: Kagan, Filed On: July 1, 2024, Case #: 22-277, Categories: civil Rights, constitution
J. Hecht finds that Dianne Hensley, an elected justice of the peace who presides over a small claims court, can pursue her complaint alleging that the State Commission on Judicial Misconduct violated her religious rights when it issued her a public warning after she announced that she would not perform weddings for same-sex couples. Hensley’s suit is not barred by her decision not to appeal the commission’s warning because she is not seeking review or reversal of that decision, but rather is seeking injunctive relief under the Texas Religious Freedom Restoration Act against the commission prohibiting future sanctions for similar actions. Reversed in part.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 28, 2024, Case #: 22-1145, Categories: civil Rights, constitution, Jurisdiction
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J. Biggs grants the attorney general of North Carolina’s motion to dismiss allegations of free speech, assembly and petitioning rights violations brought by the ACLU. Specifically, the ACLU claims that the state’s Anti-Riot Act is unconstitutional and is intentionally vague as a pretext to dissuade public protest altogether. The group is concerned that its staff will be implicated in violating the Act simply by doing their jobs, which involves attending public demonstrations. However, as the Act does not directly stop the ACLU from performing its work, nor directly injures it, the group’s claims and motion for preliminary and permanent injunctions against the attorney general are dismissed.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: June 26, 2024, Case #: 1:23cv302, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Government
J. Smith finds the district court properly denied the inmates' untimely motion to amend his excessive force complaint. The inmate originally filed a Fourteenth Amendment claim, which does not apply to inmates. His motion for leave to amend was filed late and the court granted the party accused of excessive force's motion for judgment on the pleadings. The inmate's counsel did not understand the applicable law until reading his motion after the deadline to amend had passed. Fifth Circuit precedent supports the conclusion that a lack of explanation is sufficient to deny amendment. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 26, 2024, Case #: 22-11252, Categories: civil Rights, constitution, Prisoners' Rights
J. Barrett finds that the circuit improperly ruled in claims contending the U.S. coerced social media platforms to censure freedom of speech because individual and state plaintiffs failed to establish standing to seek an injunction against any party. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: June 26, 2024, Case #: 23-411, Categories: civil Rights, constitution
J. Pitman denies motions to dismiss filed by Texas local officials and related parties in a civil rights lawsuit brought by a group of accused trespassers who alleged that due to Operation Lone Star, their misdemeanor trespassing arrests in border counties were treated significantly more seriously than they would have been in other parts of the state, including with “detention in far-flung state prisons, whether or not they are prosecuted or found guilty.” Dismissal is inappropriate at this time because the arrestees have raised plausible constitutional complaints, including for overdetention, and the officials’ claims for immunity fail, including because in some cases, they “took no action” even after learning that the arrestees were likely being held for excessive amounts of time.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: June 25, 2024, Case #: 1:23cv981, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
J. Peterson finds partially in favor of the former students in their lawsuit alleging that, when they were in high school, their teacher and chaperone for school field trips made secret video recordings of them during out-of-town field trips using hidden cameras placed in their hotel rooms. The students are granted summary judgment on their Fourth Amendment claim, as the teacher's actions were a "severe invasion of privacy" amounting to an "obvious" Fourth Amendment violation, and his capacity as a school district authority leaves him open to federal claims. The students have not met the "demanding standards" of proving their constitutional claims against the district and district officials alleging problems with policies and training that left them open to sexual abuse, and the remaining defendants are entitled to summary judgment because their alleged negligence cannot support the claims. The teacher and students are ordered to show cause as to why the students should not get summary judgment on their state-law invasion of privacy claim, and the Fourth Amendment claim and state-law claim will proceed to a trial over damages.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 25, 2024, Case #: 3:21cv683, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Negligence
J. Loken finds a lower court improperly denied a group of former city employees' motion for qualified immunity concerning a former detainee's unreasonable seizure claims. The former pretrial detainee argued that city employees, including the Commissioner of the Division of Corrections, held him in custody for eight months following a dismissal of his criminal charges in state court. However, the city sufficiently showed in court that the its employees are protected by qualified immunity. Reversed.
Court: 8th Circuit, Judge: Loken, Filed On: June 17, 2024, Case #: 22-3624, Categories: civil Rights, constitution, Immunity
J. Goodwin grants in part the plaintiffs' motion for preliminary injunction in this lawsuit challenging the constitutionality of a state law prohibiting the teaching of certain "specified subjects in Oklahoma schools," including concepts related to race and sex. The plaintiffs have sufficiently shown that a portion of the law prohibiting an "orientation or requirement that presents any form of race or sex stereotyping or a bias on the basis of race or sex" in universities is ambiguous. Also, the term "require" is found to be unconstitutionally vague within the K-12 school portion of the law.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: June 14, 2024, Case #: 5:21cv1022, NOS: Education - Civil Rights, Categories: civil Rights, constitution, Education
J. Sessions denies in part the state’s motion to dismiss this pro-life pregnancy service centers challenge of two provisions of the law alleging a vagueness claim and a violation in their First Amendment rights. The center has a standing and stated a plausible claim for violation of the First Amendment rights, but the relevant statues were not unconstitutionally vague. Therefore, the vagueness claim is dismissed, and their First Amendment rights were demonstrated to show a concrete harm to their constitutional rights.
Court: USDC Vermont, Judge: Sessions, Filed On: June 14, 2024, Case #: 2:23cv229, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, First Amendment
J. Goodwin partially grants the state and university defendants' motions in this lawsuit challenging the constitutionality of a state law that prohibits the teaching of certain "specified subjects in Oklahoma schools," specifically relating to race and sex. The claims against the University of Oklahoma Board of Regents are dismissed without prejudice. Also, the student plaintiffs lack standing to challenge a prohibition on "mandatory gender or sexual diversity training or counseling" at the university level.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: June 14, 2024, Case #: 5:21cv1022, NOS: Education - Civil Rights, Categories: civil Rights, constitution, Education
J. Friot grants the defendant law enforcement officers' dismissal motion in this lawsuit arising from an individual's alleged arrest for trespassing in a parking lot used to park police vehicles, where he was allegedly conducting an "audit" of government vehicles. The arrestee was acquitted, and he now asserts various constitutional violations as a result. However, the officers are entitled to qualified immunity, as he does not show that "filming police vehicles in a parking lot was constitutionally protected activity under the First Amendment."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: June 12, 2024, Case #: 5:23cv804, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
J. Bacharach finds that the lower court properly ruled in favor of the prosecutor and FBI agents who conducted wiretaps on the individuals with drug charges. The prosecutor is immune from suit, and the agents performed the wiretaps in good faith. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: June 11, 2024, Case #: 23-3102, Categories: civil Rights, constitution, Immunity
J. Hartz finds that the lower court properly ruled the Kansas Department of Agriculture can carry out a warrantless inspection of a bird dog trainer’s business. Kansas and federal law allows for such inspections with other types of animal kennels, and these did not interfere with the trainer’s right to travel. His Fourth Amendment and unconstitutional-conditions claims should not have been dismissed, as well. Reversed in part, affirmed in part.
Court: 10th Circuit, Judge: Hartz, Filed On: June 10, 2024, Case #: 23-3091, Categories: Agriculture, civil Rights, constitution
J. DeSoto finds for the massage therapists on their constitutional challenge to a city ordinance regulating massage and spa facilities, which permits the warrantless search of private areas of solo practitioners' homes. The law requires massage therapists to provide law enforcement with access to their place of business and the immediate opening of any locked door, including cabinets and storage areas. As written, the ordinance is overbroad in violation of the Fourth Amendment as it fails to recognize the special circumstances of massage therapy businesses operating out of a practitioner's home.
Court: USDC Montana, Judge: DeSoto, Filed On: June 7, 2024, Case #: 1:22cv30, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Municipal Law
J. Shepherd finds a lower court improperly granted a group of pre-trial and post- conviction detainees' motion to certify four classes of prisoners who were released or scheduled to be released, and "heat" subclasses. The proposed classes argued that they were entitled to certification for damages in connection to being locked up in inhumane conditions, in violation of their 8th and Fourteenth Amendment rights. However, the city sufficiently showed in court that the class's environmental health and safety expert, who specializes in correctional institutions cases, is not a qualified medical expert and may have used improper data to measure heat indexes. Reversed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 3, 2024, Case #: 22-2348, Categories: civil Rights, constitution, Experts
J. Peterson partially grants the town and town board members' motion to dismiss in the taproom owner's lawsuit in part claiming the board members have taken multiple adverse and retaliatory actions against him because of his progressive political advocacy. The owner's due process claims related to adverse zoning permit decisions against him, which overlap with his First Amendment retaliation claims, must be dismissed, as they do not adequately allege he was deprived of property or liberty. All of the owner's free speech retaliation and equal protection claims will proceed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 3, 2024, Case #: 3:23cv578, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
J. Grasz finds a lower court improperly dismissed a civilian's Fourth Amendment excessive force claims against a city. The city and six police officers argued that they are entitled to qualified immunity after pepper spraying her face and beating her leg with a baton while restrained. However, the civilian sufficiently showed in court that she was "restrained and nonresistant" when the officers used force without a "penological purpose." Reversed in part.
Court: 8th Circuit, Judge: Grasz, Filed On: May 29, 2024, Case #: 22-3248, Categories: civil Rights, constitution
J. Barbadoro determines that amendments made to New Hampshire's education and antidiscrimination laws in 2021 violate the Fourteenth Amendment and are, therefore, unconstitutional. The educators' motion for declaratory relief against unclear viewpoint-based restrictions on their speech is granted.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: May 28, 2024, Case #: 1:21cv1077, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, constitution, Education
J. Dries grants the police officers' motion for summary judgment in the citizen's lawsuit claiming the officers violated his Fourth and 14th Amendment rights during an investigation that involved controlled buys by a confidential informant and led to the citizen spending 19 months in jail before charges of conspiracy to commit homicide, possession with intent to sell cocaine and possession of THC were dropped. Because it is found at this stage that the officers all had probable cause to arrest the citizen and execute their search warrant, in part due to evidence the officers claim show the citizen planning to hire the confidential informant to kill another officer, summary judgment is granted to the officers and the case is dismissed with prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: May 23, 2024, Case #: 2:21cv1185, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct
J. Melloy finds a lower court properly dismissed a religious messenger's civil rights claims against a city. The civilian, who preached aloud to festival attendees on festival grounds, argued that police officers violated his free speech rights when they forced him and his associates to relocate to another area. However, the city sufficiently showed in court that the preacher violated "content-neutral restrictions" when he upset a vendor who claimed he told her customers that they were going to hell, and that three police officers were protected by qualified immunity when they moved the demonstrators to another location. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: May 23, 2024, Case #: 22-3459, Categories: civil Rights, constitution, Immunity