188 results for 'cat:"Civil Procedure" AND cat:"Civil Rights"'.
J. Singh grants a motion to file a third amended complaint in claims alleging police harassed plaintiff, a Black man who lives in Pennsylvania, whenever he drove into New Jersey, and claims contending police interrogated his mother, because details about additional police officers came to light during discovery, and the pleading would not be barred by any statute of limitations.
Court: USDC New Jersey, Judge: Singh, Filed On: May 1, 2024, Case #: 3:19cv21164, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Discovery
J. Dishman dismisses the individual plaintiff's negligence and malicious prosecution claims against the government based on a lack of jurisdiction. The claims arise from an incident at a medical center that allegedly resulted in the plaintiff's arrest. He was later "acquitted of the conduct" and brought the current claims as a result. The conduct alleged against the law enforcement officers does not support a negligent arrest claim, however, and the plaintiff fails to cite "an appropriate private party analogue for his negligent delay of medical care claim." His excessive force claim remains for trial.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: April 29, 2024, Case #: 5:19cv1102, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Negligence
J. Lum finds the lower court erroneously dismissed excessive force claims filed by a suspect shot with specialty impact munitions and a rifle. The suspect was not required to prove the police officer acted with "malice" or that his actions "shocked the conscience;" rather, the standard governing excessive force claims requires only that the force used was objectively unreasonable and started a series of events that led to other officers using excessive force. The officer who fired the nonlethal round without any warning knew the officer with the rifle mistakenly believed the suspect had a gun and knew the nonlethal round would sound like a gunshot; therefore, his actions could be considered excessive and the case will be remanded for the proper analysis. Reversed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: April 25, 2024, Case #: 2024COA42, Categories: civil Procedure, civil Rights, Evidence
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J. Sneed dismisses civil rights claims brought against a lengthy list of officials, including judges, prosecutors, and the state of Florida itself, as an impermissible shotgun pleading.
Court: USDC Middle District of Florida, Judge: Sneed, Filed On: April 23, 2024, Case #: 6:22cv2073, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Horton finds that the lower court properly ruled for the defendant restaurant operator in this lawsuit brought by a pair of customers alleging race discrimination under the Maine Human Rights Act, based on an alleged racial slur by one of the restaurant's employees. The lower court did not err in determining that the company was not vicariously liable for the employee's actions, as the company has a zero-tolerance policy regarding discrimination and promptly responded to the customer's complaint. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 18, 2024, Case #: 2024ME27, Categories: civil Procedure, civil Rights, Employment
J. Eifert grants the university's motion for a protective order relating to to the deposition of the university’s president in a student's civil rights suit claiming the university retaliated against her by charging her with violating the Student Code of Conduct for underage drinking after she reported being sexually assaulted by a fellow student at an off-campus watch party. Since she has not shown any "special, additional, or unique information" the president may have on how the university has implemented Title IX polices aside from what others in his administration provided, the court prohibits the student from taking his deposition.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 17, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: civil Procedure, civil Rights, Education
J. Sánchez grants Philadelphia’s motion to preclude a “2021 Philadelphia Police Advisory Policy, Practice, and Custom Report” that documents the department’s process for civilian complaints against police; this case stems from the suing civilian’s wrongfully conviction for murder, for which he was put on death row for 25 years. He did not explain if the report discusses similar conduct to the kind that took place during his own arrest.
Court: USDC Eastern District of Pennsylvania, Judge: Sanchez, Filed On: April 12, 2024, Case #: 2:18cv2689, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Evidence
J. Pham partially grants the pedestrian's motion to compel certain discovery in this civil rights action stemming from an interaction with police officers in which he was allegedly detained and searched without probable cause and subjected to an "anal cavity search." The motion, which pertains to the issue of equitable estoppel, is granted as to his request related to the "disposition and pendency time" of the police department's investigations into citizen complaints, though it is limited as to the timeframe and the investigative categories.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: April 9, 2024, Case #: 2:20cv2570, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Discovery
J. Mazzant denies in part the motions of the school district's superintendent and former transportation director to dismiss the parents' second amended complaint alleging their two children were sexually abused by a bus driver who was later arrested and died following his attempted suicide in jail. The parents alleged sufficient facts to defeat the school officials' qualified immunity as to the Section 1983 bodily integrity claims, and their request for punitive damages stands based on the officials' alleged failure to intervene despite the "onboard bus surveillance videos and anomalous GPS data" indicating the abuse.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv814, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Tort
J. Boyle grants the heirs to a man’s estate their motion to dismiss allegations of fraud brought by a claimant to the same estate. The claimant alleges that the other heirs lied to her and swindled her out of her rightful portion, making themselves millionaires. However, she does not present sufficient evidence of this and part of her claim goes back to 1992, so it’s time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 22, 2024, Case #: 5:23cv98, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, civil Rights, Fraud
J. Parker finds that the district court improperly found for a police officer on excessive force claims in a fatal shooting. On initial appeal, the verdict for the officer was vacated with remand instructions to hold a new trial; instead, a motion for summary judgment on qualified immunity was entertained and granted. Because the instructions were ignored, and questions of fact still remained, remand for a new trial is again warranted. Vacated in part.
Court: 2nd Circuit, Judge: Parker, Filed On: March 19, 2024, Case #: 22-969-cv, Categories: civil Procedure, Immunity, civil Rights
Per curiam, the court of appeals grants attorney Jeffrey B. Clark's petition for rehearing regarding the enforcement of a subpoena filed by the Office of Disciplinary Counsel's related to disciplinary charges accusing him of rule violations while serving as Assistant Attorney General in the U.S. Department of Justice. Enforcing the subpoena would violate Clark's Fifth Amendment right against self-incrimination.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-BG-0891 , Categories: civil Procedure, civil Rights, Attorney Discipline
J. Friedrich grants, in part, Black Lives Matter D.C.'s motion to amend to include Donald Trump and the U.S. government as defendants in its case pertaining to police officers’ use of force to clear Lafayette Square. The group has not acted in bad faith, did not intentionally delay the addition and the amendment is not prejudicial to the other parties.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 13, 2024, Case #: 1:20cv1469, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights