2,423 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Flanagan grants a community college’s motion to dismiss allegations of fraud and Fifth Amendment violations brought by a barber academy. The academy’s owner claims the college pressured him to give up his barbering license after it was suspended because the college could not get a barber school license without owning a barber school, and the owner did own one. Then, someone from the college allegedly sent the college’s board a fraudulent application, falsely claiming that the college owned the barber school on the owner’s property. However, the claims against individuals these for actions, all apparently committed before 2014, are time-barred. Claims against the college and board are dismissed for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 19, 2024, Case #: 4:23cv80, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Fraud, Jurisdiction
J. Chesney dismisses wrongful death claims against Contra Costa County officials stemming from the death of a foster child who had been placed in the care of a foster parent chosen by the county. The complaint has already been tossed twice before, and the same issues persist on its third version. The county was not presented with a claim by the proper date, shielding officials from the claims.
Court: USDC Northern District of California, Judge: Chesney, Filed On: April 18, 2024, Case #: 3:19cv7152, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death
J. Smith grants the solid waste director’s motion to dismiss this complaint brought by a citizen who claims he was deprived of procedural due process and his constitutional rights were violated. The citizen alleges he was served a summons for not paying the solid waste collection fee, even though he is allegedly exempt from participating. He was convicted and ordered to pay fines and restitution, but later that was dismissed and never validated. The court concluded he failed to state a claim, declares the collection fee is mandatory, and finds the statements made by the director did not constitute fabricated evidence.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 18, 2024, Case #: 5:24cv23, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Due Process
J. Perez-Montes grants a request by a former district attorney to stay discovery in the malicious prosecution and false imprisonment suit by a criminal defendant who spent 44 years in prison for two rapes committed in 1977. His conviction was overturned and the current prosecutor declined to re-try him. The former district attorney has shown good cause to stay discovery of the sole remaining charge against him – fabrication of evidence – pending other requests regarding immunity. The defendant-turned-litigant will not be disadvantaged by the stay of his suit.
Court: USDC Western District of Louisiana , Judge: Perez-Montes, Filed On: April 18, 2024, Case #: 1:22cv1971, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Discovery
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J. Cain denies summary judgment to four corrections officers on excessive force claims by an inmate who they say has a history of violent and defiant behaviors and expressing homicidal ideation. A prison video over his cell suggests he “may have taken one step for one second outside of his cell; it does not show that he was attempting an escape or that he completely walked out of his cell.” The video does not show what occurred inside Cell 13, nor is there audio to determine if the inmate was ordered back into his cell.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 18, 2024, Case #: 2:20cv1042, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
J. Kim grants, in part, a woman’s motion to compel a county’s deposition and production of documents in her excessive force case. Certain requested information, such as complaints made against local police officers, where the city started disciplinary actions against officers who used excessive force and investigations into officers' use of force, is relevant to her case.
Court: USDC Eastern District of California, Judge: Kim, Filed On: April 18, 2024, Case #: 2:22cv1936, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Stadtmueller rules in part for the estate in wrongful death and negligence claims. The mother may only proceed without legal representation if she is the sole beneficiary of the decedent's estate, and she must file proof with the court to demonstrate such. Meanwhile, negligent medical care claims must be dismissed since they were not timely filed.
Court: USDC Western District of Wisconsin, Judge: Stadmueller, Filed On: April 18, 2024, Case #: 2:24cv348, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Negligence, Wrongful Death
J. Larimer allows a detainee to continue claims contending correction officers assaulted him for complaining that one of them sexually assaulted his girlfriend when she visited him at the facility, as the detainee's expert report had been timely disclosed more than 90 days before trial. Meanwhile, eyewitness testimony supports the allegation that officers participated in the assault, and evidence indicates the officers had been aware of the detainee's complaint at the time.
Court: USDC Western District of New York, Judge: Larimer , Filed On: April 17, 2024, Case #: 6:19cv6189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Boasberg denies the apartment manager's motion for judgment on the pleadings in the driver's suit alleging that its privately hired "special police officers" improperly assaulted him and pepper sprayed him while he was handcuffed, threatening to take his children away before determining that they did not have authority to make traffic stops or probable cause to arrest him. The driver's first amended complaint does not "necessarily rely" on the existence of a contract between it and its security contractor, and therefore the contract was not incorporated by reference into the complaint and need not be considered at this time. He has adequately argued vicarious liability for the purposes of this motion, though he may not for a summary judgment motion. A motion to amend is granted as to certain clarifying amendments, but the driver is not granted leave to add new entities as defendants. He may add certain additional claims against the security contractor.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 17, 2024, Case #: 1:22cv3098, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Premises Liability
J. Robinson denies a civilian's motion to stay proceedings pending the outcome of a decision from a Supreme Court concerning claims of viewpoint-discrimination against a county commission. The county commissioners sufficiently showed in court that the civilian, who referred to them as "child abusing motherfuckers," is not entitled to relief based on qualified immunity.
Court: USDC Kansas, Judge: Robinson, Filed On: April 17, 2024, Case #: 5:24cv4005, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Cogburn partially grants an incarcerated trans woman’s renewed motion for summary judgment in her suit against North Carolina’s Department of Public Safety after it denied her request for gender-affirming surgery. A doctor on the state’s Division Transgender Accommodation Review Committee stated that gender-affirming surgery would never be a medical necessity to treat gender dysphoria, although the state has recognized gender dysphoria as a serious mental health issue that may require such surgery. By having stated “never,” the doctor has violated the woman’s Eighth Amendment right requiring prison administrators to give individualized medical evaluation to incarcerated people’s treatment requests. The department of public safety must either grant the woman’s request or form a new committee excluding this particular doctor.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 16, 2024, Case #: 3:22cv191, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Lgbtq, Prisoners' Rights
J. Bencivengo finds that a woman whose conviction for murdering her husband with a hammer was vacated may pursue civil rights claims against the County of San Diego and certain police officers. The woman sufficiently alleges that the county crime lab mishandled evidence and produced "at least four error ridden forensic reports." Her allegations that the crime lab was not accredited and had no manual for the proper handling of evidence are also sufficient to bring Monell claims against the County.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: April 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Gillmor dismisses a complaint by a former government accusing her union of filing a grievance on her behalf when she was fired over Covid-19 vaccination requirements. The employee does not make any direct claims of religious or otherwise discrimination that led to the union not filing. The employee’s complaint is more focused on her actual employer, who is not a defendant, and barely addresses the union’s role.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 15, 2024, Case #: 1:23cv335, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Labor / Unions
J. Albregts refuses to dismiss a black worker's pro se race and national origin discrimination and retaliation claims to proceed. The temp employee says it took longer than normal to receive an offer for full-time employment from Crocs. He also had difficulty obtaining his employee discount code and was ignored when he sought help. That the employee was reassigned after complaining, among other specific allegations, is sufficient to allege retaliation.
Court: USDC Nevada, Judge: Albregts , Filed On: April 15, 2024, Case #: 2:24cv582, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Urias denies, in part, the sheriff's department's motion to dismiss, ruling the detective's allegations of frivolous disciplinary write-ups and a demotion after he reported misconduct by several coworkers and the undersheriff are sufficient to support his claim for violations of the New Mexico Whistleblower Protection Act. However, even though the detective's reports of misconduct qualify as protected speech, his First Amendment retaliation claim must be dismissed because he fails to show how any of the individual defendants violated his free speech rights.
Court: USDC New Mexico, Judge: Urias, Filed On: April 15, 2024, Case #: 2:23cv355, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Retaliation, First Amendment
J. Docherty grants the insurers' motions to compel discovery and a deposition and denies the driver's motion to compel a deposition in the driver's suit arguing that he was improperly denied a policy for a classic car because he does not own a daily-use car. The driver failed to comply with meet-and-confer requirements and has not fully responded to discovery requests, and the insurers' requests seek relevant information, and are proportional to the needs of the case.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 12, 2024, Case #: 0:23cv525, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Discovery
J. Liman tosses a legal challenge against the U.S. Eastern District Court’s rule of automatically assigning related cases filed by self-represented litigants to the same judge. In this case the litigant, a father, filed several suits related to his state child custody hearings, each of which were assigned to the same judge, who promptly dismissed the cases for various reasons. The court rules the system does not violate pro se litigants’ equal protection or due process rights.
Court: USDC Eastern District of New York, Judge: Liman, Filed On: April 12, 2024, Case #: 1:23cv4330, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Due Process, Equal Protection