8 results for 'cat:"Civil Rights" AND cat:"Constitution" AND cat:"Due Process"'.
J. Peterson partially grants the motion for summary judgment from the city, city officials and fire and police commission in a lawsuit from a firefighter claiming his First and 14th Amendment rights were violated when, among other things, he was demoted from his position as assistant fire chief and had a restraining order entered against him when he began arriving at fire scenes while he was on leave. The firefighter's due process claim against the city and the commission will proceed to trial, as there is a dispute regarding whether he was deprived of his property interest in his position through his demotion after a change in the law governing how such employment decisions are made. Summary judgment is granted to the city, officials and commission on all of the firefighter's remaining claims, and the individual officials are dismissed as parties.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 10, 2024, Case #: 3:22cv640, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, due Process
J. Carney-Axon grants, in part, a sheriff’s motion to dismiss this civil rights case brought by a bingo hall alleging arbitrary and capricious fees were imposed on electronic gaming operations. In certain Alabama counties, voters approved the operation of nonprofit bingo halls by constitutional amendment, and allowed the sheriff’s department to collect an assessment fee. The court directs the bingo hall to file a second amended complaint on its equal protection and unlawful taking claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: December 13, 2023, Case #: 7:23cv1297, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, due Process
J. Lipinsky finds the state's failure to timely process evidence before a criminal trial does not create a cause of action for civil rights violations to the victim of the crime and, therefore, the lower court properly dismissed the victim's complaint. The Colorado Victim Rights Act includes no language to allow victims to compel the processing of evidence by state actors, while the victim's indignation at the inability for the state to charge his assailant with attempted murder does not create a property interest or allow him to pursue damages for any constitutional violations. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: October 26, 2023, Case #: 2023COA100, Categories: civil Rights, constitution, due Process
J. Restani dismisses the individual plaintiffs' federal claims alleging due process violations in connection with the procedures used by the defendant judges to collect "costs, fines, and fees" associated with criminal proceedings. The claims are constitutionally moot, as neither plaintiff has any outstanding debt before the state court. Also, the court notes that steps have been taken "to address the risk of constitutional violations."
Court: USDC Northern District of Oklahoma , Judge: Restani, Filed On: September 7, 2023, Case #: 4:19cv234, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, due Process
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J. Lovric tosses a self-represented litigant’s complaint brought against the Utica Civil Criminal Court, a city court judge, the Utica Police Department and her two legal counsel alleging various due process and constitutional rights violations in connection with her arrest and criminal proceedings. The city court judge is protected by judicial immunity, the Civil Criminal Court and local police department are not independent legal entities to which she can assert civil claims and her claims against her counsel fail for failure to state a claim.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: August 30, 2023, Case #: 6:22cv1398, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, due Process
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