161 results for 'filedAt:"2023-06-13"'.
J. Graber finds that the district court properly dismissed a harassment claim brought by an individual who alleged that when he was a first-year student-athlete at the University of Arizona, his teammates subjected him to frequent “sexual and homophobic bullying” because they perceived him to be gay. The student claimed that the University was deliberately indifferent to his claims of sexual harassment and that they retaliated against him in violation of Title IX. However, the court vacated the portion of the district court’s order denying leave to amend. Affirmed in part.
Court: 9th Circuit, Judge: Graber, Filed On: June 13, 2023, Case #: 22-15714, Categories: Education
J. Wilson denies a Brazilian citizen’s petition for review of the Board of Immigration Appeals’ dismissal of his appeal from the immigration judge’s denial of his motion to reopen and rescind the in-absentia removal order. The immigrant argues that the board lacked jurisdiction since the record doesn’t show that his notice to appear was filed with the immigration court. The cited rule is not jurisdictional, but a claim-processing rule. Also, a form relied on by the board as part of the reconstituted record gave interpreter information as well as the immigrant’s U.S. address. It was not incorrect or obtained by coercion or duress.
Court: 5th Circuit, Judge: Wilson, Filed On: June 13, 2023, Case #: 21-60798, Categories: Immigration, Due Process, Jurisdiction
[Consolidated] J. Peterson finds partially in favor of the county officials and jail medical services companies in the husband’s lawsuit alleging deliberate indifference in their failure to provide his wife with her medications, leading to her death from a heart attack while incarcerated. The officials' and companies’ motion to dismiss is largely denied with the exception of an individual capacity claim against a police captain who oversaw the jail, as the husband has done enough to plausibly allege unconstitutional policies which cause the companies to provide “cheap and inferior health care,” but he has not shown the captain was himself involved with his wife’s care. The husband’s objections to the magistrate judge’s previous discovery order are sustained, and the magistrate’s order quashing the husband’s subpoenas is set aside and he is allowed to pursue legal documents and settlement agreements that might be relevant to his Monell claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Negligence
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. Baker finds that the district court employed its "conscientious judgment" in determining that defendant had regained competence and that criminal proceedings against him for hijacking a bus could resume. He was only required to appreciate the criminality of his actions in order to be sentenced, not to show he was fit to stand trial. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: June 13, 2023, Case #: DA 21-0196, Categories: Competence, Assault, Speedy Trial
J. Powell finds that the lower court properly convicted defendant of sodomy, incent, and child molestation. Although multiple acts of abuse were introduced at trial, the nature of the evidence minimized any risk that the jury did not substantially agree to the same acts described in the jury instructions to support the verdicts. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: June 13, 2023, Case #: SC99554, Categories: Sex Offender, Child Victims, Jury Instructions
J. Ransom finds that the lower court properly convicted defendant of possession of a controlled substance and unlawfully using a weapon while in possession of a controlled substance. These two convictions do not violate double jeopardy because the legislature specifically authorized multiple punishments for such conduct. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: June 13, 2023, Case #: SC99871, Categories: Drug Offender, Firearms, Double Jeopardy
J. Theofanis finds the trial court properly ruled to terminate the parental rights of a mother to her children. The evidence used provided background into the mother’s history of drug use and domestic violence. Based on the record, it can be concluded that the evidence is legally and factually sufficient to show that she endangered her children's well-being. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: June 13, 2023, Case #: 03-23-00089-CV, Categories: Evidence, Family Law, Guardianship