248 results for 'cat:"Civil Rights" AND cat:"Constitution"'.
J. Peterson finds in favor of the city in a lawsuit from the advertising company challenging multiple provisions of an ordinance the city cited to deny it an application to update some of its billboards in addition to building more, including aspects the company claimed were unlawful content-based restrictions on its speech in violation of the First Amendment. As the company mostly concedes, a U.S. Supreme Court decision from 2022 and a Seventh Circuit decision from 2023 make the company's constitutional challenges to the billboard provisions unviable, so summary judgment is granted to the city. The city's motion for sanctions is granted in part, in that it has until June 28, 2023, to submit accounting of legal fees it incurred for around two weeks of briefing in February and March of 2023 before the company's counsel announced it was dropping its challenges to certain distinctions in the ordinance.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 8, 2023, Case #: 3:22cv51, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Attorney Fees
J. Joseph finds in favor of the city, the county, prosecutors, and fire and police department officials in a lawsuit from a fire department lieutenant bringing constitutional claims over his arrest on charges alleging his racist and sexist harassment and sexual assault of a rookie female firefighter he supervised, as well as his placement on suicide watch while in jail before the charges were ultimately dismissed. Given the balance of the evidence, summary judgment is granted to the female firefighter, the county, the city and all officials on the lieutenant's federal constitutional claims, including those for due process, equal protection and malicious prosecution. Supplemental jurisdiction will not be exercised over the lieutenant's remaining state law claims for defamation, malicious prosecution and civil conspiracy, so they are dismissed without prejudice except the malicious prosecution claim, which is dismissed with prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: June 7, 2023, Case #: 2:20cv1307, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Due Process
J. Conley finds partially in favor of the Muslim woman claiming she was unlawfully ordered by the prison guard to remove her hijab as a security measure before she was allowed to visit her incarcerated husband. The woman's First Amendment free exercise claim fails because she has not shown her right to publicly wear her religious headdress was substantially burdened, but her 14th Amendment equal protection claim will proceed to trial, as a reasonable jury could conclude the guard intentionally discriminated against her and treated her differently at the security checkpoint because of her religion. The woman's motion for summary judgment is partially granted, and her First Amendment, injunctive relief and official capacity claims are dismissed with prejudice.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 6, 2023, Case #: 3:22cv176, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Equal Protection
J. Kelly finds a lower court properly denied a group of Arkansas officials’ motion to dismiss a prisoner’s civil rights claims. The officials argued that they are entitled to qualified immunity and that the defendant does not qualify for relief under the state’s DNA testing statute. However, the defendant, who is Black and set to be executed, presented sufficient evidence in court that DNA testing may reveal that the actual perpetrator was white. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 5, 2023, Case #: 22-1922, Categories: civil Rights, constitution, Immunity
J. O’Brien holds that an appellate court correctly found that a defendant detained in a Walmart bathroom after a high-speed police chase of three motorcycles was entitled to a mistrial, and properly reversed the trial court’s judgment. At trial, defense counsel successfully argued during a sidebar conference that during opening statements, the state prosecutor improperly commented on defendant’s right to remain silent. The state unpersuasively disagreed, arguing that a defendant’s post-arrest, pre-Miranda silence is not constitutionally protected. The defendant did not appeal his speeding conviction. Affirmed.
Court: Illinois Supreme Court, Judge: O’Brien, Filed On: June 2, 2023, Case #: 127223, Categories: constitution, Fair Trial, civil Rights
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J. Parker finds that the state's Adult Entertainment Act is an unconstitutional restriction on speech and enjoins its enforcement as an "unconstitutional statute." The plaintiff nonprofit organization, which produces "drag-centric performances, comedy sketches, and plays," has established standing, and the court concludes that the Act "fails strict scrutiny review."
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: June 2, 2023, Case #: 2:23cv2163, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
J. Lee finds that the district court properly entered summary judgment in favor of police officers in an action alleging that officers violated individuals' Fourth Amendment rights against warrantless arrests and excessive force. The officers were shielded by qualified immunity. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: June 1, 2023, Case #: 21-55867, Categories: civil Rights, constitution, Immunity
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