12 results for 'cat:"Administrative Law" AND cat:"Civil Rights"'.
J. Blackwell dismisses the doctor and former gubernatorial candidate's suit alleging that the Minnesota Board of Medical Practice sought to chill his speech by investigating complaints against him for his comments on the Covid-19 pandemic and the incumbent governor's response to it. The candidate has not established an injury in fact, since he has not alleged any instances in which the board's investigations prevented him from speaking on those topics. His challenges to Minnesota statutes granting the board regulatory authority also fail since he has not identified how he was impacted by the statute in ways different from third parties. He also has not adequately pleaded that he suffered differential treatment during the investigation process.
Court: USDC Minnesota, Judge: Blackwell, Filed On: March 29, 2024, Case #: 0:23cv1689, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, civil Rights, Constitution
Per curiam, the circuit denies the NAACP's emergency motions for an injunction pending appeal of the district court’s denial of a preliminary injunction. The association seeks to enjoin appointments of judges and prosecutors to a court created by the Jackson, Mississippi Capitol Complex Improvement District. The appointments would be made by the chief justice and state attorney general, rather than by locally elected officials in the largely white district. The authority structure will remain unchanged in Jackson, and the NAACP has failed to plead a cognizable injury-in-fact to show standing.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-60647, Categories: administrative Law, civil Rights, Municipal Law
J. Pulliam finds a hearing officer ruled correctly in determining that individualized education programs issued for a troubled child were reasonable and appropriately addressed his educational needs. The hearing officer found the school district had done “all that it could” to design an education plan for the student, and the student’s family has not provided adequate evidence that the district failed to provide him a free appropriate public education. Affirmed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: January 26, 2024, Case #: 5:21cv636, NOS: Education - Civil Rights, Categories: administrative Law, civil Rights, Education
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Upon remand from the Ninth Circuit, J. Nunley dismisses two individuals' action challenging a $20 law enforcement gun release fee and an arrest for illegally possessing a slungshot. They fail to allege the gun release application process utilizes discretionary decision-making or that it was applied in an improper way, while they also fail to show the slungshot is a weapon commonly used for self-defense.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 24, 2023, Case #: 2:16cv523, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, civil Rights, Firearms
J. Urias denies a racehorse trainer’s motion for remand after he sued the head of the New Mexico Racing Commission and others for civil rights claims. The trainer said they had suspended his license and taken other actions against him for allegedly doping his horses without giving him the opportunity to defend himself. While some parties in this case in this may have waived their right to removal given the case’s litigation history, they did not waive their “right to consent to removal by the later-served defendants.”
Court: USDC New Mexico, Judge: Urias, Filed On: August 2, 2023, Case #: 1:22cv740, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, civil Rights, Jurisdiction
J. Bratvold reverses the district court's denial of the Amish community members' request for a declaration that the county and environmental regulators may not enforce a requirement that they install septic tanks for gray water disposal. The government has not met its burden to demonstrate a compelling state interest in enforcing the requirement against the Amish, nor that it has no less restrictive means of fulfilling that state interest. Reversed.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: July 10, 2023, Case #: A22-1534, Categories: administrative Law, civil Rights
J. Orme finds the Standings and Training Council properly suspended the corrections officer’s certification for 3.5 years due to his admission that he masturbated in a staff restroom while on duty at a Utah Department of Corrections prison. Case law guiding on questions of right to privacy, as cited by the officer, does not provide constitutional protection for private masturbation by a public employee at work. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: May 26, 2023, Case #: 20210217-CA, Categories: administrative Law, civil Rights, Police Misconduct