2,409 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Jackson denies, in part, the correctional parties' dismissal motion in this civil rights action stemming from an inmate's death, after his medical care was allegedly delayed for a week. The estate plausibly alleges its claim for deliberate indifference.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: June 16, 2023, Case #: 6:23cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages
J. Brnovich grants the director of the Arizona Department of Transportation's motion to dismiss a civilian's claims that he lost job opportunities after it imposed a restitution lien on his vehicle. The department of transportation sufficiently showed in court that the civilian failed to serve the director in person.
Court: USDC Arizona, Judge: Brnovich, Filed On: June 15, 2023, Case #: 2:23cv303, NOS: Other Civil Rights - Civil Rights, Categories: Government, Vehicle
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J. Moon grants the nonprofit's motion for judgment on hostile work environment claims. The nonprofit's actions after a Black employee received anonymous racist letters from a coworker, including adding security cameras, complying with an FBI investigation, and allowing the employee a flexible schedule to accommodate her physiological needs, were reasonably calculated to end the harassment.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: June 15, 2023, Case #: 3:22cv41, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination
J. Palk denies the sheriff's motion for summary judgment in this lawsuit concerning the death of a pretrial detainee, who was allegedly involved in a car accident and then later went into cardiac arrest at the Oklahoma County Jail. The estate's sole remaining claim alleges deliberate indifference to the detainee's medical needs, and the record indicates that his need for medical care was obvious, despite medical staff saying he was "faking it." Accordingly, there is a fact issue as to the reasonableness of relying on "the opinion of medical personnel." Also, he was not provided with follow-up care, as instructed by the hospital.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 15, 2023, Case #: 5:21cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Health Care
J. Frank grants summary judgment to the public entities in the contractors' suit alleging that agreements between those entities and a local labor organization violate the First and Fourteenth Amendments. The last remaining employee challenging the agreements alongside the contractors lacks standing, as do the contractors. A competing labor association also lacks standing. Regardless, their constitutional arguments fail because the Supreme Court's Janus decision applies only to public-sector employees.
Court: USDC Minnesota, Judge: Frank, Filed On: June 14, 2023, Case #: 0:21cv227, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Gonzalez rules in favor of the NYPD on a father’s claims for familial association while preserving his claims for false arrest and malicious prosecution. The case stems from an incident in which he smashed his son’s laptop, which he had been using to attend virtual classes, after he discovered the son had been lying about completing his school assignments. The court declines to add to the court record a copy of the laptop’s receipt which showed it was owned by the litigant’s ex-wife, and as such the officers involved lacked probable cause to arrest him on charges of criminal mischief, endangering the welfare and harassment.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 14, 2023, Case #: 1:22cv3485, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Police Misconduct
J. Aiken grants the estate representative's motion for sanctions claiming that the healthcare company purged its emails of evidence related to the lawsuit alleging the county's subordinates were responsible for the decedent's death. The estate representative plausibly alleges its claim because the first email purge happened after the healthcare company received notices of a tort claim and evidence preservation, and the healthcare company denied doing so for months despite repeated inquiries.
Court: USDC Oregon, Judge: Aiken, Filed On: June 14, 2023, Case #: 6:19cv1883, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Jackson denies a “bizarre” request by the East Baton Rouge Parish sheriff for reconsideration of an apparently favorable ruling dismissing constitutional claims of medical neglect against him, arising from the death of a pretrial detainee in the parish prison. The sheriff “quibbles” with the order that he alone, as “keeper” of the keys, should respond to the suit because adding the same official-capacity claims against other sued entities is confusing and unnecessary. All constitutional claims have been dismissed against the sheriff, the city-parish, and the jail’s private health contractor. So, barring any reinstatement of claims, revisiting the dismissal order would be “an exercise of impermissible speculation.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: June 14, 2023, Case #: 3:22cv488, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Negligence, Wrongful Death
J. Stadtmueller dismisses with prejudice a lawsuit from a citizen bringing excessive force, unlawful arrest and other constitutional claims over his arrest after police found him passed out in his parked and running car, during which time he smelled like alcohol and police found marijuana and a pipe in his car. The citizen's motion for a mistrial is denied because all of his accusations of a conspiracy by prosecutors and court officials to thwart his case are meritless and untrue, as are accusations that he was attacked by individuals at the behest of prosecutors the night after his trial, which are easily disproved by security footage showing him drunkenly falling and striking his head and arguing with first responders before he was briefly hospitalized and discharged, then came to court bleeding profusely, refused to cooperate and left before the jury could deliver its verdict. The citizen's actions are worthy of sanctions, so the officers' attorneys' motion for sanctions is granted in that he must pay $1,118 for the cost of empaneling the jury, plus the costs the attorneys took on to respond to his mistrial motion.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: June 14, 2023, Case #: 2:19cv996, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Sanctions
J. Pechman grants the protesters' motion for a preliminary injunction enjoining the enforcement of a property destruction ordinance for the duration of the protesters' lawsuit, which alleges that the city's officers arrested them for writing protest messages in sidewalk chalk and charcoal on the city's temporarily erected walls outside of the Seattle Police Department's East Precinct. The protesters sufficiently allege that the ordinance was selectively enforced against them for their views as their arrests are evidence of a concrete and particularized injury to their rights under the First and Fourteenth Amendments, and the arrests had a chilling effect to their intent to do so again.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: June 13, 2023, Case #: 2:23cv17, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Injunction
J. Peterson finds for the city and police detective in a citizen's lawsuit claiming he was falsely arrested without probable cause after an incident in which a woman he claims pressured him to have sex with her demanded he pay her for it, forced him to drive to an ATM at knifepoint and stabbed him when he tried to run away in a gas station parking lot. Though the two subjects' stories differed on key details, the detective made reasonable judgments about the credibility of the citizen and the woman when he arrived at the violent scene at the gas station and ultimately arrested the woman for armed robbery and other charges and arrested the citizen on a prostitution charge, particularly given the woman's self-incriminating statements establishing that the citizen had paid her for sex. Because the detective is shielded by qualified immunity, summary judgment is granted to him and the city and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:21cv817, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Lange grants an organization's motion for a preliminary injunction to restrain government officials from enforcing a "limited public use policy" which restricted petition circulators to "designated areas" apart from the entrances to the Minnehaha County government buildings. The preliminary injunction restrains defendants from enforcing the policy while the matter is pending.
Court: USDC South Dakota, Judge: Lange, Filed On: June 13, 2023, Case #: 4:23cv4075, NOS: Other Civil Rights - Civil Rights, Categories: Elections, First Amendment
J. Schroeder denies, in part, a university's motion to dismiss an individual's claims related to the school's decision not to hire her as a fencing coach. She has sufficiently pleaded allegations to support her claim for discrimination and retaliation based on the school's attempt to blackball her due, in part, to the fact she is a sexual assault victim and whistleblower.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: June 13, 2023, Case #: 1:22cv513, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Employment Retaliation
J. Estudillo denies the family's motion to exclude two paragraphs from the prison healthcare service's expert's report as part of the family's lawsuit alleging that the prison healthcare service did not maintain adequate suicide prevention practices, leading to the death of the inmate. The expert's opinions in the paragraphs at question are based on the review of enumerated records and the information he had about the hiring process, so they are sufficiently based in facts and data.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: June 13, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Experts
J. Block grants partial summary judgment to a group of six New York police officers on a woman’s civil rights violations stemming from her arrest on charges of assaulting her ex-husband with an umbrella. The court dismisses her claims for malicious prosecution, failure to intervene and Monell liability, but preserves one claim for false arrest, finding she was able to allege the reporting officers failed to seek information from unbiased witnesses while investigating the incident following a 911 call.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 13, 2023, Case #: 1:20cv3603, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct