112 results for 'cat:"Civil Rights" AND cat:"Due Process"'.
J. Bates denies, in part, the district's motion for summary judgment on an individual's due process claims related to his reincarceration without a hearing for unserved misdemeanor sentences. There is a question of fact whether defendant was prejudiced by the lack of a hearing and, therefore, he can move forward with his procedural due process claim.
Court: USDC District of Columbia, Judge: Bates, Filed On: July 25, 2023, Case #: 1:15cv666, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process
J. Chambers grants the pre-med student’s motion for leave to file an amended and supplemental complaint for civil rights violations for the Title IX coordinator’s faulty investigation into allegations of sexual misconduct against him, but precludes him from asserting a violation of due process claim since the university decided to scrap the coordinator’s investigation, terminated her employment and selected a new investigator to perform a completely new investigation and issue a final report.
Court: USDC Southern District of New York, Judge: Chambers, Filed On: July 19, 2023, Case #: 3:22cv346, NOS: Education - Civil Rights, Categories: civil Rights, Education, due Process
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J. Readler finds that although the prosecutor's actions led to the destruction of potentially exculpatory evidence in a murder case against a now-deceased individual, the lower court properly granted her motion for prosecutorial immunity because there was an ongoing prosecution at the time she directed a witness to destroy several letters, which is enough of a prosecutorial function to warrant immunity. Meanwhile, the lack of concrete evidence that officials coerced a witness to fabricate claims against the decedent allowed the court to grant immunity to those officials, as the evidence in the record does not support the estate's fabrication of evidence claim. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: July 5, 2023, Case #: 21-6076, Categories: civil Rights, Immunity, due Process
J. Blackwell largely dismisses the prisoner's complaint claiming that two sheriff's deputies violated his rights by preventing him from attending a bail hearing. The presence of the prisoner's counsel at the bail hearing is not sufficient to preclude his claim of a loss of court access, and he has plausibly pleaded that he would have posted bail sooner had he been able to attend the hearing. He has not, however, plausibly pleaded that a policy or custom was involved in the alleged deprivation of his right to court access. His conspiracy claim is plausibly pled only as to his individual-capacity claims against the deputies, and not against the county or its former sheriff.
Court: USDC Minnesota, Judge: Blackwell, Filed On: June 30, 2023, Case #: 0:22cv1309, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Prisoners' Rights
J. Moore affirms the district court's dismissal of civil-rights claims brought by the offender, convicted of second-degree assault arising out of a set of circumstances that also gave rise to a kidnapping charge that was dismissed as part of a plea agreement. The Bureau of Criminal Apprehension's determination that the offender must register as a predatory offender did not constitute a continuing violation of civil rights, so the district court's dismissal of the claims on the grounds that they were time-barred was not erroneous. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 28, 2023, Case #: A21-1378, Categories: civil Rights, due Process
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. Richardson grants the state defendants' motion to dismiss the transgender plaintiffs' amended complaint, which seeks a declaratory judgment that the enforcement of a certain birth certificate policy violates their constitutional rights. The challenged policy provides that the sex listed on an individual's birth certificate cannot be changed "as a result of sex change surgery," and the transgender plaintiffs plead equal protection, due process and free speech violations as a result. However, they fail to plausibly state their claims.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 22, 2023, Case #: 3:19cv328, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Public Record, due Process
J. Higginbotham finds the district court improperly dismissed this suit arising from alleged violations of the Rehabilitation Act and the Americans with Disabilities Act. A school employee assigned to accommodate the party’s minor son’s disabilities allegedly verbally harassed him and threw a trash can at him, causing injury. Certain claims were filed out of court, but the mother still had the right to file a separate action, though the court dismissed it for failure to exhaust administrative remedies. This suit was then filed and dismissed on grounds of issue preclusion. The Supreme Court recently concluded in a similar case that IDEA claims do not require administrative exhaustion “where a plaintiff brings a suit under another federal law for compensatory damages.” Vacated and remanded.
Court: 5th Circuit, Judge: Higginbotham, Filed On: June 22, 2023, Case #: 22-50295, Categories: civil Rights, Education, due Process
J. Southwick remands this challenge to Lafayette Parish’s cash bail requirement for pretrial detainees. The party bringing suit was arrested on a felony-theft charge with bail set at an amount he could not pay. There was no inquiry at first hearing as to whether he could afford the bail, and it was not reduced. No finding was made that pretrial detention was necessary and defendant, who had no counsel, had no opportunity to present or contest evidence. During the pendency of his appeal of the district court’s denial of bail relief, the Fifth Circuit held that district courts must abstain from suits contesting a local jurisdiction’s bail practices when there is an opportunity in state court to present constitutional challenges, which is so in this case. The suit is remanded with instructions to dismiss.
Court: 5th Circuit, Judge: Southwick, Filed On: June 21, 2023, Case #: 20-30159, Categories: civil Rights, due Process, Prisoners' Rights
J. Oberto recommends denying, in part, a county, sheriff and deputy’s motion for summary judgment on a property owner’s trespass and due process claims. There are triable issues of fact regarding whether a deputy violated the owner's due process rights when he demanded access to his property through a locked gate without a warrant.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: June 20, 2023, Case #: 1:17cv1260, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, due Process
J. Peterson finds for the police officer in a lawsuit from a middle school art teacher who was fired from her job after the officer recommended she be prosecuted for first-degree sexual assault of a child based on a student's allegation that the teacher touched her buttocks inappropriately during class, which the teacher and other students claim was fabricated because she took away the student's cell phone. The teacher's federal due process and malicious prosecution claims fail, as there were no violations of her property or liberty interests because the officer did not have any control over her getting fired from her job and, in part because the prosecution his investigation led to was ultimately dropped, he did not contribute to altering her legal status, even if her reputation was harmed. The teacher's state-law malicious prosecution claim is also dismissed, as she did not file a notice of claim complying with statutes.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 9, 2023, Case #: 3:22cv47, NOS: Education - Civil Rights, Categories: civil Rights, Education, due Process
J. Joseph finds in favor of the city, the county, prosecutors, and fire and police department officials in a lawsuit from a fire department lieutenant bringing constitutional claims over his arrest on charges alleging his racist and sexist harassment and sexual assault of a rookie female firefighter he supervised, as well as his placement on suicide watch while in jail before the charges were ultimately dismissed. Given the balance of the evidence, summary judgment is granted to the female firefighter, the county, the city and all officials on the lieutenant's federal constitutional claims, including those for due process, equal protection and malicious prosecution. Supplemental jurisdiction will not be exercised over the lieutenant's remaining state law claims for defamation, malicious prosecution and civil conspiracy, so they are dismissed without prejudice except the malicious prosecution claim, which is dismissed with prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: June 7, 2023, Case #: 2:20cv1307, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, due Process
J. Boardman denies a couple leave for their third amended complaint alleging wrongful death, state-created danger and conscience-shocking conduct against a county school board after their daughter’s ex-boyfriend shot and killed her at school. The couple alleges that the board, along with the principal, the school’s security staff and several teachers are at fault for failing to stop the ex-boyfriend, whom they allegedly knew harassed the daughter. However, the couple falls short of plausibly arguing that the board and staff’s knowledge of the boy’s behavior led directly to the girl's death. Those parties also have qualified immunity. All federal claims are dismissed, and the couple are free pursue any state claims.
Court: USDC Maryland, Judge: Boardman, Filed On: June 5, 2023, Case #: 8:20cv161, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Wrongful Death
J. Wood grants the county attorney's motion to dismiss an action brought by the individual alleging that her due process rights were violated when he was improperly appointed as administrator of her deceased mother's estate by a probate judge. The claim is dismissed for lack of subject matter jurisdiction because there is no constitutional violation alleged on which to premise federal jurisdiction. The county attorney was acting in a private capacity rather than as a functionary of the state when he was appointed executor.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: June 5, 2023, Case #: 2:22cv147, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process
J. Higginson finds the lower court improperly dismissed a mother’s Genetic Information Nondiscrimination Act claims brought against the school district. The district court says the mother lacked standing to bring the claims on her own behalf and — who is not a licensed attorney — could not proceed pro se on behalf of her children. An absolute bar on pro se parent representation is inconsistent with the relevant federal law, which allows a pro se parent to proceed on behalf of her child in federal court when the child’s case is the parent’s “own.” Vacated and remanded.
Court: 5th Circuit, Judge: Higginson, Filed On: June 2, 2023, Case #: 21-11180, Categories: civil Rights, Education, due Process
J. Marshall finds in favor of the driver on her claims that the California Highway Patrol improperly impounded her vehicle for 30 days. Ninth Circuit precedent holds that the government’s community-caretaking justification for impounding a vehicle does not apply once a licensed driver is available to take possession of the car. In this case, the individual went to the CHP office with a licensed driver, but the CHP did not release the vehicle. The individual is granted summary judgment on her Fourth Amendment and due process claims.
Court: USDC Central District of California, Judge: Marshall, Filed On: May 31, 2023, Case #: 2:20cv2779, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Vehicle, due Process