936 results for 'cat:"Due Process"'.
J. Grasz finds a lower court properly dismissed four high school students' equal protection and due process claims against a school district. The high school students argued that they were wrongfully expelled from school for participating in a "joke" by joining a student's online petition calling for the return of slavery. The school's disciplinary action was rationally connected to its purpose of maintaining order and was not racially motivated. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: April 2, 2024, Case #: 23-1119, Categories: Education, due Process, Equal Protection
J. DuBose grants Mobile, Alabama, and its police officer’s motion for summary judgment in this excessive force and false arrest dispute brought by a citizen. The citizen was arrested after a fight pursued in front of a nightclub, but she fails to show enough evidence to state a claim.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: April 1, 2024, Case #: 1:22cv237, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Police Misconduct
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J. Nardacci grants summary judgment to a nursing home facility on a late father’s estate’s negligence and substantive due process claims stemming from the man’s death while under the facility’s care and supervision, but preserves its claims for medical malpractice and federal and state public health law violations for trial. The court rejects the nursing home’s contentions that there is no private right of action against nursing homes under the Federal Nursing Home Reform Act or that it cannot be held liable for the decedent’s injuries.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:19cv604, NOS: Other Civil Rights - Civil Rights, Categories: Tort, due Process, Medical Malpractice
J. Tuchi grants the government's motion to dismiss due process rights claims brought by an attorney who cultivates psilocybin mushrooms, marijuana, and coca leaves. The government sufficiently showed in court that the attorney has failed to establish a protected liberty or property interest.
Court: USDC Arizona, Judge: Tuchi, Filed On: March 28, 2024, Case #: 2:22cv1224, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Government, due Process
J. Adams finds the lower court properly terminated the parental rights of a mother to her minor child. The child was removed from mother’s care when the juvenile court found the mother’s marijuana abuse, mental health issues and environment proved a substantial risk of harm to the child. The mother argues that her due process rights were violated when her parental rights were terminated, because the juvenile court was not required to consider her potential to change, as she, at the age of 17, is a teenager. The instant court finds no error by the lower court, as the record shows that the mother failed to comply with the reunification plan, her right to due process was not violated, and the decision is one where the needs of the child were placed as the priority. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: March 28, 2024, Case #: B330106, Categories: Family Law, due Process, Juvenile Law
J. Neeley finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for assaulting a member of his household by impeding breathing or circulation. Defendant's supervision was properly revoked for his failure to submit to a urinalysis and for committing another assault against a different victim. If defendant's right to confront the alleged victim during the revocation hearing was violated, any error regarding a violation to which he pleaded “not true” did not contribute to his conviction because he pleaded “true” to other offenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00199-CR, Categories: Probation, Assault, due Process
J. Mortensen finds that the lower court improperly dismissed a complaint filed by a daughter against her father after she allegedly discovered they had taken $133,000 of her settlement money from a medical malpractice suit from when she was a minor and used it to purchase a home for themselves. The lower court suspended the hearing and ordered a supplemental briefing with the understanding that there would be a hearing in the future, but it never happened, resulting in an effective dismissal. The daughter correctly argues her right to due process was violated. The matter is remanded for further consideration. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220756-CA, Categories: due Process, Enforcement Of Judgments
J. Stephens finds that the lower court improperly reversed defendant's murder conviction. The lower court found that because the state wrongfully delayed bringing charges against defendant, the resulting loss of key witness testimony violated defendant's due process rights. While the state was negligent in its delay, there is no proof that that defendant suffered any prejudice from the loss of witness testimony. Reversed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: March 28, 2024, Case #: 101502-0, Categories: Murder, Speedy Trial, due Process
J. Castillo finds the trial court properly denied defendant's petition for resentencing on a second degree murder conviction. He claimed his due process rights were violated because he was not present at the proceeding where his petition was denied. But he was present at a previous hearing that functioned as the statutory resentencing hearing, when the parties were able to submit additional evidence and both parties agreed to submit the matter to the trial court. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: March 27, 2024, Case #: D081369, Categories: Murder, Sentencing, due Process
Per curiam, the appeals court finds the trial court improperly granted the insured's oral motion to compel appraisal and in the meantime stay his lawsuit against the insurance company. The relevant policy requires that both parties agree to appraisal, and because the insurance company clearly stated at the time of the insured's motion that it did not agree to appraisal, the trial court erred by granting the motion, in the process also violating the company's due process rights by hearing and granting the motion at an unrelated pretrial hearing without prior notice. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 27, 2024, Case #: 23-0256, Categories: Insurance, due Process
J. Hurd dismisses claims for due process, age discrimination and equal protection against an Upstate New York municipality and its town board members alleging they unlawfully reduced and altered a retired officer’s medical insurance benefits and subsequently remands his remaining state law claims back to New York Supreme Court. Notably, his due process claim fails because he fails to allege that he has a cognizable property interest in his retiree health benefits.
Court: USDC Western District of New York, Judge: Hurd, Filed On: March 26, 2024, Case #: 5:23cv1467, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Equal Protection, Employment Discrimination
J. Hall dismisses a complaint against New York’s education department challenging its decision to revoke an impartial hearing officer’s certification after finding she had committed plagiarism and improperly advocated on behalf of a party in one of her cases. Her due process claim fails because she did not file a petition in state court appealing the decision as required, and her equal protection claim fails because she does not specify any comparators which would suggest she was singled out on the basis of her race.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 26, 2024, Case #: 1:23cv2361, NOS: Other Civil Rights - Civil Rights, Categories: Education, due Process, Equal Protection
J. Jewell finds that the trial court properly entered a final decree of divorce after it denied the incarcerated ex-husband's request for a bench warrant. The ex-husband did not give adequate information for the court to evaluate the request for a bench warrant. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 26, 2024, Case #: 14-23-00270-CV, Categories: Family Law, due Process
J. Miller finds that because the right to confrontation does not apply to a juvenile defendant's amenability hearing, the juvenile court properly admitted statements made by defendant's co-delinquents without any cross-examination during its determination of whether to transfer the case to adult court. Meanwhile, the juvenile court's thorough analysis of all nine amenability factors, seven of which favored a transfer to adult court, satisfied due process and allowed it to transfer the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: March 25, 2024, Case #: 2024-Ohio-1108, Categories: Confrontation, Juvenile Law, due Process
[Consolidated.] J. Genovese finds that the statute that revives certain prescribed child sex abuse claims for a limited three-year period is in conflict with the due process protections in the state constitution. In this case, plaintiffs claimed that they were sexually molested by a Roman Catholic priest at various times between 1971 and 1979 when they were minors. Plaintiffs' prescribed causes of action cannot be retroactively applied because it would divest defendants of their vested right to plead prescription in violation of the state constitution. Reversed and vacated.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: March 22, 2024, Case #: 2023-CC-01194, Categories: Constitution, due Process
J. Jennings grants the employer's motion for summary judgment on a former worker's claims of constructive discharge, disability discrimination, hostile work environment, retaliation, and wage and hour law violations. The employee was told she could not use overtime hours to complete work notes. She did not inform the employer she was working overtime rather than using flex time, and there was no way for the employer to know otherwise. The employee did not respond to the employer's motion for summary judgment within the allotted time, even after an extension was granted.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 22, 2024, Case #: 3:21cv733, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, due Process, Employment Discrimination
J. Desai strikes a father and daughter's opening brief in its entirety because it materially failed to comply with Circuit rules and dismisses the appeal. The father filed an opening brief replete with misrepresentations and fabricated case law. The brief included only a handful of accurate citations, almost all of which were of little use because they were not accompanied by coherent explanations of how they supported the father’s claims. The father and daughter alleged that their constitutional rights to association and due process were violated. They also alleged several state-law claims.
Court: 9th Circuit, Judge: Desai, Filed On: March 22, 2024, Case #: 22-56121, Categories: Constitution, due Process
J. Musseman finds the trial court properly convicted defendant for lewd and indecent acts with a child. Defendant alleges insufficient representation for counsel's alleged failure to move to quash for the state's not putting on evidence at the preliminary hearing of the required element the victim was under the age of 16. Necessary evidence was presented at trial, and defendant fails to show defense counsel's failure to seek a motion to quash at the preliminary hearing impacted the outcome. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: March 21, 2024, Case #: F-2022-367, Categories: Sex Offender, due Process, Child Victims