2,420 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Novak denies the university's motion to dismiss claims of gender discrimination. An accomplished Black female news director turned communications professor properly presented facts that her Black male supervisor gave her unfavorable assignments, tried to take her role as internship director away, suggested she needed to teach more courses than anyone else in the department and directed her to teach specific courses without her input, while her male and White female counterparts exercised flexibility in choosing courses to instruct.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 24, 2024, Case #: 3:23cv777, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Wood rules in favor of the city, police colonel and police chief in a malicious prosecution action brought by the individual arising from his arrest for swinging a bottle towards the colonel. The assault, terroristic threats and disorderly conduct charges against the individual were eventually dismissed. The colonel and the police chief are entitled to qualified and official immunity. The colonel had probable cause to arrest the individual and the police chief cannot be held liable under supervisory liability. There is no evidence that either the colonel or police chief acted with actual malice or an actual intent to harm the individual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 23, 2024, Case #: 5:22cv63, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution
J. Tigar allows negligence and race discrimination claims to proceed from a single plaintiff against the California Department of Corrections stemming from an incident at CTF Soledad in July 2020 where more than 50 Black inmates were awakened in the middle of the night to be interrogated in the dining hall, leading to an outbreak of Covid-19 at the facility. Of the initial class of over 50 people who were allegedly targeted by the event or got Covid from it, years of proceedings narrowed the class down to six. Today it is trimmed down further to just one. The rest lack standing for not exhausting all of their administrative options.
Court: USDC Northern District of California, Judge: Tigar, Filed On: April 23, 2024, Case #: 4:23cv582, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
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. Sneed dismisses civil rights claims brought against a lengthy list of officials, including judges, prosecutors, and the state of Florida itself, as an impermissible shotgun pleading.
Court: USDC Middle District of Florida, Judge: Sneed, Filed On: April 23, 2024, Case #: 6:22cv2073, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Flanagan partially denies Aramark’s motion to dismiss allegations of discrimination and retaliation brought by a former office assistant and cashier after Aramark fired him. The assistant claims that based on his age and race, Aramark did not give him proper training, then refused to rehire him in the next academic year “because of COVID.” The assistant alleges this excuse is pretext for discrimination after he had emailed Aramark detailing various incidents of harassment he experienced at work, and had filed for a right to sue with the EEOC. His retaliation claims under Title VII therefore will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 22, 2024, Case #: 4:23cv200, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Calabretta denies, in part, a county’s motion to dismiss an individual’s false arrest and related claims in connection with his sale of baby chicks in a parking lot. He has sufficiently alleged claims for unlawful seizure via false arrest, excessive force, and unreasonable search and seizure, among others.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: April 22, 2024, Case #: 2:21cv1139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Eifert denies the class of former care children’s motion for sanctions against the West Virginia Department of Health Services for failing to timely produce individual case files in the class’s pending civil rights suit accusing the state of “systemic deficiencies” in how it operates the foster care system, finding that while the department “made mistakes in preserving and producing information,” it was not done in bad faith or out of disrespect for any court order.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 22, 2024, Case #: 3:19cv70, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Mitchell grants a former library director's motion to leave to file a second amended complaint concerning her termination for suggesting a plan to create a rainbow style display, which some "interpreted as supporting gay rights." The former director sufficiently showed in court that she is entitled to pursue claims related to her library wages and retirement benefits.
Court: USDC Kansas, Judge: Mitchell, Filed On: April 22, 2024, Case #: 2:23cv2401, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Kelley allows in part the motion to access a third party’s mental health records and criminal offender record information of a man granted a new trial after serving approximately 30 years in prison for allegedly raping a 78-year-old woman. The third party is a woman with substance abuse disorder who had a tumultuous intimate relationship with the man, and she had provided testimony that the man confessed of the rape to her. Some of the documents sought are protected by the Public Health Service Act but her “non-communicative mental health records pertaining to her
diagnoses and treatment—are not privileged.”
Court: USDC Massachusetts, Judge: Kelley, Filed On: April 22, 2024, Case #: 1:18cv10147, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Due Process, Discovery
J. Pechman declines to dismiss the personal representative's federal claims that the sheriff's deputy shot and killed Joshua Sarrett on Sep. 19, 2020, while Sarrett was "unarmed, intoxicated and was only suspected of being a harm to himself." The personal representative adequately alleges that the deputy's decision to seize Sarrett was unreasonable because the deputy did not investigate any crime at the time and the deputy did not ask Sarrett if he was armed.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 22, 2024, Case #: 2:23cv1316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Clarke denies the paramedics summary judgment for the family's complaint alleging that the fire station denied their loved one ambulance care, forcing her domestic partner to drive her to the hospital, and causing her to die from a cardiac event on the way. The paramedics claim that they have qualified immunity, but the family sufficiently argues that their loved one had a constitutional right to be free from state-created danger, which can overcome the presumption of qualified immunity. Also, it is unclear if the paramedics knew the danger they created with their actions.
Court: USDC Oregon, Judge: Clarke, Filed On: April 19, 2024, Case #: 1:22cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Rice denies the county summary judgment for the family member's claim that the regional justice center's medical staff did not properly check on or care for the detainee, leading to her death. The family member can hold the county liable under a Monell theory of liability, specifically for its ratification of a policy that does not train its staff to treat and monitor inmates for detox and withdrawal. Also, the death of another inmate, who died under similar circumstances in the county's custody, is admissible evidence.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 19, 2024, Case #: 2:22cv308, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Wrongful Death
J. Boom finds for the housing authority in civil rights claims because evidence indicates a tenant's support dog had a history of aggression towards other residents, and his request for accommodations allowing the dog to be kept off-leash was unreasonable. Meanwhile, the tenant failed to demonstrate he had been retaliated against or subjected to a hostile living environment.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: April 19, 2024, Case #: 3:22cv463, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Housing
J. Evanson denies the police officer summary judgment for the family's 14th Amendment claim in their complaint accusing the city's officers of wrongfully and fatally shooting their loved one on Nov. 1, 2020, after they attempted to bring him in for questioning for a domestic violence situation. The city concedes that it is unclear if the police officer is entitled to qualified immunity because the court denied its motion to strike evidence that the family relied on in their opposition.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: April 19, 2024, Case #: 3:22cv5759, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Marshall grants the protester $1.1 million in attorney fees after a jury found in his favor and awarded him $85,000 in damages on his excessive force and Monell claims that were part of his complaint alleging that the city's officers beat him for participating in a protest against the murder of George Floyd. The city requests a fee reduction because the protester did not prevail on all of his claims, but "the time spent on claims for which plaintiff did not prevail cannot reasonably be separated from time spent on claims on which plaintiff did prevail."
Court: USDC Central District of California, Judge: Marshall, Filed On: April 19, 2024, Case #: 2:21cv6470, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, Police Misconduct
J. Carter denies the council's motion for a preliminary injunction against the state's age-based sales restriction on diet pills and supplements for muscle building that contain ingredients other than protein. The state has a legitimate governmental interest in protecting minors from access to dietary supplements that are connected to eating disorders. Further, the law does not regulate the supplement-maker's speech or the manner in which they advertise their products, just that customers show verification they are over age 18 to purchase the products.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 19, 2024, Case #: 1:24cv1881, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Restraining Order, First Amendment
J. Novak denies the department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Employment Discrimination
J. Kennelly partially grants a former Chicago public school student’s motion for class certification, for all students who “participated in the Quiet Time program in Chicago Public Schools during Chicago Public School’s academic calendar” between 2015 and 2019, and turned 18 on Jan. 13, 2021, or later. The court finds the student has sufficiently alleged the public school system’s “Quiet Time” program had “hidden” Hindu religious elements, such as chanting Sanskrit mantras that honored Hindu deities.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 19, 2024, Case #: 123cv218, NOS: Other Civil Rights - Civil Rights, Categories: Education, Class Action, First Amendment