8 results for 'cat:"Civil Rights" AND cat:"Constitution" AND cat:"Government"'.
J. Wecht finds that the lower court improperly held that a drunk man, who fell asleep in his car with the engine running and the headlights on and said he was trying to sleep off his intoxication prior to driving, was legally obligated to do a blood test with an officer to determine his intoxication level under state law. The officer admitted he did not think that the man was, as the vehicle law states, “operating or in actual physical control of the movement” of the vehicle before their interaction, and thus, he did not have to take the test. Reversed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: August 20, 2024, Case #: J-69-2023, Categories: civil Rights, constitution, government
J. Biggs grants the attorney general of North Carolina’s motion to dismiss allegations of free speech, assembly and petitioning rights violations brought by the ACLU. Specifically, the ACLU claims that the state’s Anti-Riot Act is unconstitutional and is intentionally vague as a pretext to dissuade public protest altogether. The group is concerned that its staff will be implicated in violating the Act simply by doing their jobs, which involves attending public demonstrations. However, as the Act does not directly stop the ACLU from performing its work, nor directly injures it, the group’s claims and motion for preliminary and permanent injunctions against the attorney general are dismissed.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: June 26, 2024, Case #: 1:23cv302, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, government
J. Dick grants a request by the state to dismiss as moot a voting rights suit by black litigants that preceded legislative enactment of a new congressional map containing two first-ever majority-black districts. The litigants do not oppose the new congressional map but argue their case is not moot due to pending legislation in the Western District of Louisiana. State officials have sufficiently shown the earlier redistricting conduct challenged by litigants will not recur with the state’s voluntary enactment of a new congressional map with two black-majority districts.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 25, 2024, Case #: 3:22cv211, NOS: Voting - Civil Rights, Categories: civil Rights, constitution, government
J. Peterson partially grants the U.S. Coast Guard and Coast Guard officials' motion to dismiss a pro se lawsuit from a former member of the Coast Guard Auxiliary claiming he was removed from his position after refusing orders to remove posts he made on social media. The former Auxiliary member can proceed with his claim against the Coast Guard under the Administrative Procedures Act, but all his other claims, including those stating violations of due process and the First Amendment, are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 27, 2024, Case #: 3:23cv170, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, government
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J. Whitney dismisses the amended complaint of a mother claiming that a host of her constitutional rights have been violated by a county human services organization, a local housing authority and multiple of their individual employees. She says she was deprived her suitable housing, forced to carry out a birth that injured her and her child, and that her parental rights were improperly terminated. However, she seeks to sue people and organizations that have governmental immunity. Also, because her amendment has not changed from the original complaint, and because it is considered frivolous, it is dismissed with prejudice.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 10, 2024, Case #: 3:23cv762, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, government