129 results for 'cat:"Civil Rights" AND cat:"Government"'.
J. Johnston grants the Parkersburg mayor, its former police chief and various city officials' motion for summary judgment in the small vehicle repair shop owner's suit claiming they violated his civil rights through a series of citations and arrests related to the operation of his business to impugn his credibility as a write-in candidate for mayor. The arrests made of the repair shop owner were reasonable since they were done during the city’s enforcement of an order it received in Wood County Circuit Court compelling him to clean up an adjacent lot where he kept cars awaiting repair. Since the city officials did not violate any of the repair shop owner's constitutional rights, the court dismisses his state law claims of abuse of process, battery and tortious interference with a business relationship.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: December 19, 2023, Case #: 2:20cv583, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Vehicle
[Consolidated.] J. Haikala grants, in part, the county commission and its individual commissioners’ motions to dismiss claims brought by group of voters alleging the redistricting plan constitutes racial gerrymandering. The commissioners argue they should be dismissed in their official capacities because “local government units can be sued directly.” Therefore, the commissioners in their official capacities are dismissed because a jury could find the action redundant and confusing. The voters’ motion for preliminary injunction is denied and the claims against the commission will proceed. The parties are ordered to meet and confer before the scheduling conference.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: December 19, 2023, Case #: 2:23cv443, NOS: Voting - Civil Rights, Categories: civil Rights, Elections, government
J. Seabright dismisses claims against the president, several states and their attorney generals blaming them for a self-representing individual’s student loan debt, finding that they all possess 11th Amendment immunity from the claims.
Court: USDC Hawaii, Judge: Seabright, Filed On: December 12, 2023, Case #: 1:23cv470, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Debt Collection, government
J. Singh finds a lower court properly dismissed the home department's motion for an immigration exemption concerning the processing of personal data rights under the U.K. General Data Protection Regulation. The home department argued that a processing data exception is within the public interest. However, a grassroots organization presented sufficient evidence in court that processing personal data based on a civilian's political opinions, race, religious beliefs, and biometric information is prohibited under the Act. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Singh, Filed On: December 11, 2023, Case #: CA-2023-763, Categories: civil Rights, government, Immigration
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J. Pitman partially denies summary judgment to a Texas county after it was sued by citizens following the suicide of their relative in county jail. While the citizens cannot proceed with failure to train claims, they can proceed with claims over conditions of confinement because there are genuine concerns raised over the jail’s policy of “allowing inmates to hang blankets across their cell bars to prevent staff from looking inside.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: December 4, 2023, Case #: 1:21cv149, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government
J. Volk denies the West Virginia State trooper's motion for summary judgment in the assistant basketball coach's civil rights suit claiming the trooper used excessive force in wrongfully arresting him during the match between the Woodrow Wilson and Greenbrier East girls' teams, when the coach during a timeout attempted to alert the administration of the home crowd's unruly behavior, including the use of racial epithets. The trooper is not entitled to qualified immunity as "no reasonable officer would have believed it necessary under the circumstances to so forcefully push a nonviolent, nonthreatening, compliant, 6’2” tall, 210-pound male in a manner capable of producing broken bones."
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: December 1, 2023, Case #: 5:22cv59, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, government
J. Gruender finds a lower court properly dismissed the Independence-Alliance Party of Minnesota's opposition to a rule that requires voters to swear on oath prior to placing their signatures on a petition in favor of a minor party. The alliance argued that forcing voters who support the minor political party to sign a petition with an oath requirement violates the First Amendment, and that some prospective signatories are concerned that signing the petition means forfeiting a right to cast their ballots in the primary election. However, the Minnesota Secretary of State presented sufficient evidence in court that the oath requirement places an "insubstantial burden" on voters, who can change their minds at any time before voting in the primary. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: December 1, 2023, Case #: 23-1074, Categories: civil Rights, Elections, government
J. Kleeh grants the summary judgment motion of the state gun lobby group and two of its members in their complaint for declaratory and injunctive relief challenging the constitutionality of the Bureau's restriction on Federal Firearms License dealers selling handguns to adults 18-to-21-years-old. The challenged statutes are "facially unconstitutional" since the government has "not presented any evidence of age-based restrictions on the purchase or sale of firearms from before or at the Founding or during the Early Republic" [or] "failed to offer evidence of similar regulation between then and 1791 or in a relevant timeframe thereafter."
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: December 1, 2023, Case #: 1:22cv80, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Firearms
J. Clay finds the lower court erroneously dismissed the minority-owned construction company's suit in its entirety. Its claims were not based merely on a disappointed bidder theory, but included allegations of race discrimination that gave it standing to pursue claims against the city. The allegation a white-owned contractor was given the construction project despite the minority-owned business bidding more than $1 million less creates a plausible race discrimination claim against the township, and so that portion of the suit will be reinstated. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: November 30, 2023, Case #: 22-2131, Categories: civil Rights, Construction, government
[Consolidated.] J. Chambers grants the former Cabell County Clerk's motion to dismiss civil rights suits claiming the failure of both her office and the Cabell County Commission to have an accurate map of magisterial districts in place by the filing deadline of the 2022 primary election resulted in candidates' removal from the ballot. In addition to the candidates' failure to provide any facts that the magisterial district in which they were running was hastily redrawn as " 'a subterfuge from eliminating [them] from the ballot'", the former clerk did not violate their rights to due process since they "do not have a property or liberty interest in any political or elected office."
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: November 29, 2023, Case #: 3:23cv129, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Elections, government
J. Rodriguez partially grants summary judgment in favor of civil rights advocates and the United States in a major ongoing case challenging the validity of a new voting security law in Texas. Some aspects of the law violate the Civil Rights Act of 1964 and should not be enforced, including rules requiring Texas voting officials to automatically reject mail-in ballots or applications regardless of whether that person is eligible to vote in Texas.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 29, 2023, Case #: 5:21cv844, NOS: Voting - Civil Rights, Categories: civil Rights, Elections, government
J. Watson dismisses a complaint by a group of voters against the Hawaii Republican Party, the state office of elections, attorneys and judges. The voters’ claims that the party interfered with the results of the 2022 primary elections and that the state courts did not properly hear that claim should have been appealed in the original courts and the federal court does not have jurisdiction.
Court: USDC Hawaii, Judge: Watson, Filed On: November 21, 2023, Case #: 1:23cv370, NOS: Voting - Civil Rights, Categories: civil Rights, Elections, government
J. Stras finds a lower court properly dismissed the Arkansas State Conference NAACP and the Arkansas Public Policy Panel advocacy organizations' motion to challenge a new map established to forge 11 majority- Black districts in the state. The advocacy groups, who filed suit against the state's board of apportionment, argued that the new map violates the Voting Rights Act. However, the state's public policy panel provided sufficient evidence in court that the only party entitled to file suit is the U.S. Attorney, and not citizens groups. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: November 20, 2023, Case #: 22-1395, Categories: civil Rights, Elections, government
J. Johnston grants in part the West Virginia Public Service Commission police officer's motion for summary judgment in the estate's claims he violated a man's civil rights when he failed to render aid after a Mingo County deputy sheriff shot the man in the presence of his parents after the man evaded capture by another deputy. The WVPSC officer owed the decedent no affirmative duty of care since he was not in his custody at the time of the detention and subsequent shooting, but a jury could determine the officer acted recklessly when he pulled the decedent's father away from him when he attempted to protect his son from further harm. Additionally, the three commissioners' motion for summary judgment is granted, because the estate's Monell claim fails since it applies only to municipalities and not public officials.
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: November 15, 2023, Case #: 2:22cv247, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Wrongful Death
J. Bunn grants the agency's writ seeking prohibition of the former nurse's Section 1983 claim against it and one of its investigator's moving forward after the lower court denied their motion to dismiss. The judge erred in determining the agency is vicariously liable for the acts or omissions of its employees. And while the agency and its investigator are not entitled to prosecutorial immunity, the judge failed to determine if the investigator was acting within the scope of his employment to determine if the agency is entitled to qualified immunity from vicarious liability on the nurse's malicious prosecution claim. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: November 9, 2023, Case #: 22-779, Categories: civil Rights, government, Health Care
J. Pappert grants Philadelphia’s motion for summary judgment against a citizen who alleged, pro se, various constitutional violations arising from the city’s sale of his property. The litigant failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: November 6, 2023, Case #: 2:19cv5088, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Property
J. Laing finds a lower court improperly dismissed a native of Iraq's request to remain in the U.K. The Secretary of State argued that his claims that he would face harm upon return to his native land were not credible. However, he presented sufficient evidence in court that he would face violence for engaging in a relationship with a supporter of the Patriotic Union of Kurdistan. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: November 3, 2023, Case #: CA-2022-2237, Categories: civil Rights, government, Immigration
J. McShane awards Independent politician Brian Boquist $375,500 in attorney fees and $21,000 in costs for his complaint that Oregon State Senate President Peter Courtney and others stopped him from accessing the capitol building after he made comments following a walkout held by Republican senators in June. Some costs, including those for videotaping depositions, are denied. Most of Boquist's counsel's rates are reasonable when compared to other Oregon lawyers with the same experience, though not all hours are accepted because some of them are duplicative.
Court: USDC Oregon, Judge: McShane, Filed On: October 30, 2023, Case #: 6:19cv1163, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Attorney Fees
J. Gallagher dismisses in part a protester’s civil conspiracy and false imprisonment claim against police officers in Reading, Pennsylvania, who arrested him while he spoke about his religious beliefs outside of a school on a public sidewalk. The protester failed to provide facts to support these claims.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: October 25, 2023, Case #: 5:23cv1523, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Police Misconduct
J. Rothstein dismisses the self-proclaimed election officer's complaint alleging that the county and others supported laws recognizing her act of placing signs near ballot boxes during the August 2022 Washington State primary election as a criminal form of voter intimidation. The individual does not have standing to challenge “the Electioneering Laws," because she does not present sufficient facts that the county based its actions on the those laws. Also, she fails to argue her First Amendment violation claim because her actions happened in her individual capacity rather than as an election officer.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 19, 2023, Case #: 2:22cv1252, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Elections, government
J. Gillmor grants summary judgment to the director of the state’s public housing authority in a case of a tenant accusing the director and other authority employees of discrimination and retaliation. There is no evidence that the director, who oversees thousands of public housing units, knew specifically about the individual tenant’s situation, and an email sent to the director by the tenant after the complaint was filed does not show the director had any direct knowledge of any discrimination.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 3, 2023, Case #: 1:21cv247, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Housing