2,409 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Morrison denies the applicant’s motion to remand his hybrid Article 78 appeals petition and civil rights complaint to New York State Supreme Court. He alleged the NYPD violated his Second and Fourteenth Amendment rights when it denied his two applications for firearm licenses when it determined he “lacked good moral character.” He also argues that the state’s review process pursuant to Article 78 petitions when applied to a court's review of a state agency's decision to deny a firearm license is unconstitutional. The court finds that his claims are clearly causes of actions under federal law.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: June 2, 2023, Case #: 1:22cv7620, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms
J. Mazzant denies the motions for summary judgment in the former police captain's retaliation case stemming from his termination and perjury charge for filing an affidavit supporting a motion to transfer venue for his friend, a jail administrator who was arrested after allegedly facilitating an inmate's escape from the county jail. The captain's speech involved a "matter of public concern" when he expressed that his friend could not receive a fair trial in Wood County, and there is sufficient evidence of a conspiracy to retaliate against him.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: June 1, 2023, Case #: 4:19cv406, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Immunity
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J. McDonough grants summary judgment in favor of the city and the school resource officer, who allegedly used force to detain a middle-school student. The incident allegedly resulted in a cut on the student's chin, but the officer's actions were reasonable, as the student failed to follow his commands and pulled away when the officer attempted to grab his backpack.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: June 1, 2023, Case #: 3:22cv139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Thurston grants, in part, the city's motions in limine to exclude certain evidence in a police shooting case. The police practices expert's testimony will not include legal phrases, such as "deliberate indifference," and his opinion on the decedent's state of mind will be excluded, as it does not fall within his expertise.
Court: USDC Eastern District of California, Judge: Thurston, Filed On: June 1, 2023, Case #: 1:16cv1914, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Martinez grants discovery requests in a lawsuit alleging wrongful death and other claims brought against private-prison company CoreCivic by representatives of a former inmate. CoreCivic must produce not only a “mortality review” conducted after the inmate’s death but also employment applications of two employees involved in the death, which representatives of the deceased inmate argue may show their “truthfulness,” because CoreCivic has not shown why any of this information should be exempt from discovery despite raising a range of privilege defenses.
Court: USDC New Mexico, Judge: Martinez, Filed On: June 1, 2023, Case #: 1:22cv256, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Discovery, Prisoners' Rights
J. Aiken finds that young climate activists can amend their lawsuit accusing the government of subjecting them and future generations to the devastating effects of climate change. The declaratory relief the youths seek – a declaration that the federal government’s energy policies violate the youths’ constitutional rights to substantive due process and equal protection of the law – “is squarely within the constitutional and statutory power of Article III courts to grant.”
Court: USDC Oregon, Judge: Aiken, Filed On: June 1, 2023, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Environment, Government
J. Komitee denies a litigant’s motion to seal his entire case which he first filed in 2008 stemming from the suspension of his medical license, finding that, despite his protestations that the case has denied him gainful employment, the motion is outweighed by the public’s interest. The court finds it more prudent to seal only his medical records he provided.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 31, 2023, Case #: 1:08cv4718, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Employment, Health Care
J. Conti declines to reconsider the decision allowing parents to sue a school district for allowing a teacher to present a mandatory transgender curriculum to her first grade class. The teacher, who allegedly told students to keep gender related conversations secret from their parents, is accused of "grooming" one child by encouraging him to wear dresses and drawing comparisons to her own first grader, who identifies as trans, and suggesting to students that parents sometimes make mistakes about gender. By introducing transgender curriculum to the classroom, the teacher was imposing her own agenda as opposed to teaching tolerance, and the school may have obstructed parental rights by adopting a "de facto policy" without notifying parents or allowing them to opt out of the particular agenda.
Court: USDC Western District of Pennsylvania, Judge: Conti, Filed On: May 31, 2023, Case #: 2:22cv837, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Lgbtq
J. Wood denies the county's motions to dismiss the widow's wrongful death action alleging that officials violated Department of Public Health regulations and operated the county ambulance service contrary to those regulations, resulting in her husband's death from cardiac arrest due to lack of oxygen saturation. Although the amended action is a shotgun pleading which fails to give the county and officials adequate notice of the claims, the widow may amend the complaint to fix the deficiencies.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: May 31, 2023, Case #: 2:23cv27, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death
J. Immergut dismisses with prejudice the committee administrator's lawsuit alleging that the members of the Oregon State Bar Board of Bar Examiners abused their positions to initiate joint public corruption investigations against the committee administrator on behalf of oil companies that opposed Senate Bill 664 that the committee administrator supported in 1987. The committee administrator's federal claims are time-barred because they all stem from the 1987 public corruption investigations. While he claims damages for the last 30 years, he does not prove how this is relevant within the four-year statute of limitations, nor does he come up with a justification to overlook how he did not discover his initial injuries until after the original statute of limitations.
Court: USDC Oregon, Judge: Immergut, Filed On: May 31, 2023, Case #: 3:22cv1959, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, Racketeering
J. Jackson denies summary judgment to Louisiana’s only forensic mental health hospital, holding that a civil detainee has carried his burden of showing that a psychiatric aide at the state facility violated his constitutional rights by forcing him to attend a Christian worship service over his express objection. The state’s attempt to show its employee, an avowed Methodist, acted reasonably considering a staffing shortage, relies on the “wrong law” and facts. The sharply worded ruling adds: “This case is going to trial.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: May 31, 2023, Case #: 3:21cv267, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Jury
J. Almonte declines to compel the mayor to provide a deposition in claims contending the city selectively enforced ordinances preventing a company from entering leases with chain stores or franchises because testimony indicates other officials possess as much, if not more, knowledge than the mayor on deliberations concerning Krispy Kreme and other franchises, and whether the mayor lobbied for the ordinances based on his political ambitions is irrelevant to whether the ordinances are constitutional.
Court: USDC New Jersey, Judge: Almonte , Filed On: May 31, 2023, Case #: 2:19cv9351, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Municipal Law, Property
J. Jackson denies a request by the Sheriff of East Baton Rouge Parish and others to dismiss constitutional claims by the daughter of a lifelong resident — a retired government employee, active church member and grandmother — who died in jail after being arrested for her first time following a domestic altercation. She allegedly died of complications of congestive heart failure due to prison officials’ refusal to dispense her prescribed heart medication. Her daughter is allowed to amend her complaint to comply with federal pleading requirements.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: May 31, 2023, Case #: 3:22cv488, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Wrongful Death
J. Marshall finds in favor of the driver on her claims that the California Highway Patrol improperly impounded her vehicle for 30 days. Ninth Circuit precedent holds that the government’s community-caretaking justification for impounding a vehicle does not apply once a licensed driver is available to take possession of the car. In this case, the individual went to the CHP office with a licensed driver, but the CHP did not release the vehicle. The individual is granted summary judgment on her Fourth Amendment and due process claims.
Court: USDC Central District of California, Judge: Marshall, Filed On: May 31, 2023, Case #: 2:20cv2779, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, Due Process
J. Estudillo grants the family's motion for sanctions against Kitsap County, as it withheld video evidence in litigation stemming from the inmate's death by suicide. Kitsap County's argument that it did not preserve the 11 hours of video concerning the inmate's suicide because a corrections officer did not believe it was relevant to the family's requests is insufficient, and a reasonable person could conclude that the evidence was deliberately destroyed to harm the family's case.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: May 31, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Sanctions
J. Hudson grants summary judgment to the state troopers accused of wrongful death and excessive force charges. The troopers were within their rights to approach the immobilized vehicle armed following a high-speed chase over a speeding violation, leading to the deceased pulling out his firearm and, in turn being shot by the police.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: May 30, 2023, Case #: 3:22cv225, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, Police Misconduct
J. Sannes dismisses a music promoter’s claims for breach of contract, racial discrimination and tortious interference brought against New York State Department of Agriculture and the New York State Fair system stemming from a Young Thug concert that took place at a state fairground. It alleges the departments breached the terms of an advertising agreement by failing to fully promote the concert on its website, which led to low ticket sales. The promoter further claims the defendants’ actions were part of a pattern of racial discrimination, suggesting the management harbors racial animus towards hip-hop acts and the perceived race of their fans. Fatal to the promoter’s claims was the lack of its advertising contract or any major details regarding the terms of the agreement.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: May 30, 2023, Case #: 5:22cv659, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Interference With Contract, Contract
J. Ray stays all discovery-related deadlines in two civil rights actions and recommends that the individual's motion to set aside default should be granted and that the cases should be consolidated. The individual's delay in filing a timely responsive pleading was due to his mistaken belief that he had been served with two copies of the same action. The other individual is directed to show cause as to why he should not be sanctioned for multiple miscitations to legal authority in his response to an earlier order.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: May 30, 2023, Case #: 4:23cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Cole grants the individuals' motion for conditional class certification, ruling that jail processing records show more than 500 individuals were detained more than 48 hours after their arrests and before their initial court appearances, which satisfies numerosity requirements, while the questions of law surrounding their detainments are best litigated through a class action lawsuit.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 30, 2023, Case #: 1:19cv91, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Class Action
J. Broderick finds for the city on the estate's unlawful entry claims, but declines to dismiss claims against the hospital stemming from a man's death after police responded to a mental health call and forced their way into his room, Tasing him three times. Police had probable cause to believe there was an emergency in the apartment, but the estate may pursue claims that the hospital failed to properly treat the man for his excited delirium, causing him to have a heart attack.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 30, 2023, Case #: 116cv1952, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Police Misconduct
J. Flanagan denies, in part, the police officers' motion to dismiss a father's claims arising from the officers' alleged slamming of his handcuffed son to the ground, which fractured the son's elbow. The officers are not entitled to public immunity from the father's gross negligence claim, as he has sufficiently alleged they acted with malice and the incident report recounts a similar recitation of the events as the allegations in the complaint.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 30, 2023, Case #: 4:22CV61, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct