34 results for 'cat:"Civil Procedure" AND cat:"Constitution"'.
J. Benavides finds that the lower court improperly dismissed the appellant's claim against a certain correctional officer "for allegedly violating his constitutional right to access the courts." The court concludes that the appellant was "entitled to proceed with his suit" against the officer at the time of dismissal. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 2, 2024, Case #: 13-23-00346-CV, Categories: civil Procedure, constitution
J. Fallon grants a request by officials of a parish council, dismissing the claims of a resident alleging they violated his due process rights by improperly denying him a permit to sell Valentine’s Day gifts. The entrepreneur’s councilman withdrew an enabling resolution, after admonishing the resident for his treatment of council staff. He accused parish elected officials of abuse of power. The Valentine’s Day salesman’s suit is dismissed as previously litigated in state courts.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 1, 2024, Case #: 2:23cv2035, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, constitution, Government
J. Brobson finds that the commonwealth court improperly held that Pennsylvania constitution delegated unfettered authority to natural gas distribution companies to determine the location of gas meters in historic districts. The Pennsylvania General Assembly never enacted a statute imposing any duty on the commission to locate gas meters in historic districts. Reversed.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: April 25, 2024, Case #: J-70-2023, Categories: civil Procedure, constitution, Government
J. Reidinger denies a man, who was involuntarily committed to a hospital in 2016, his motion for reconsideration after he previously filed two other civil actions that were denied. The man then filed a motion to reverse the denials, but these were time-barred. The present motion for reconsideration is therefore futile.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 1, 2024, Case #: 1:21cv305, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: civil Procedure, constitution, Medical Malpractice
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J. Mead finds that the lower court improperly dismissed the appellants' complaint for declaratory judgment, in which they challenge the constitutionality of the state's "longstanding Sunday hunting ban." The couple argued that the ban conflicts with a new right-to-food amendment, and the court holds that their complaint did present a "judiciable claim." The court does not agree with their argument that the ban "has been rendered unconstitutional," however, and the matter is remanded for entry of judgment. Vacated.
Court: Maine Supreme Court, Judge: Mead, Filed On: March 28, 2024, Case #: 2024ME22, Categories: civil Procedure, constitution
[Consolidated.] J. Silva finds that the lower court improperly granted the appellees' pleas to the jurisdiction in these declaratory judgment cases alleging that certain statutes violate the Texas Constitution's Open Beaches Amendment. The court concludes that the appellants had standing to bring suit and "that immunity was waived for each appellee." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 1, 2024, Case #: 13-22-00358-CV, Categories: civil Procedure, constitution, Jurisdiction
J. Donohue finds that the appeals court improperly dismissed a petition for review of the Pennsylvania Abortion Control Act filed by a group of seven abortion providers who had asked the court to determine that abortion is a right protected under the state constitution. The providers have standing to sue because provides Medicaid funding for childbirth but not for abortions, thus failing to maintain its obligated neutrality regarding reproductive autonomy. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: January 29, 2024, Case #: J-65-2022, Categories: civil Procedure, Civil Rights, constitution
J. Richardson grants the Tennessee Bureau of Investigation director's partial dismissal motion in this lawsuit brought by a Tennessee resident challenging the constitutionality of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act. The court will dismiss two of the counts brought by the resident under the Due Process Clause. He fails to plausibly assert a violation of his right to travel, and his claim that he did not receive "any notice or opportunity to challenge" his inclusion on the registry is time-barred.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: January 4, 2024, Case #: 3:17cv995, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, constitution
J. Joseph denies a request by parish authorities to dismiss claims of malicious prosecution by a citizen who says his run-ins with police at a department store and a Home Depot stem from their desire to punish him for his exercising his constitutional right to freedom of speech while “peacefully shopping.” The outspoken shopper correctly argues, though without citation to any authority, that his state law claims against police are not time-barred because criminal cases against him related to his run-ins with the law remain pending.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:23cv894, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, constitution, Malicious Prosecution
Per curiam, the circuit finds that the district court improperly denied a preliminary injunction in second amendment claims concerning state firearm training requirements enacted while plaintiff's concealed-carry license application was pending because the court failed to consider whether it had jurisdiction to rule on the injunction.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 14, 2023, Case #: 22-3210-cv, Categories: civil Procedure, constitution, Firearms
J. Hamilton finds that the lower court improperly dismissed the anti-hunting activists' pre-enforcement challenge to Wisconsin's "hunter harassment law" which makes it a crime to harass hunters in various ways. There is no way to read the law as requiring an activist physically interfere with a hunter to violate the law, raising serious First Amendment issues. To suffice for standing, the activists need only "arguably" be affected by the challenged statute. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: November 13, 2023, Case #: 21-1042, Categories: civil Procedure, constitution, First Amendment
J. Pedersen finds that the lower court properly granted summary judgment in favor of the appellee pension system in this suit challenging the constitutionality of certain changes to the retired officers association's pension plan. Contrary to the association's argument on appeal, the changes did not violate Section 66 of the state constitution. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: November 9, 2023, Case #: 05-22-00644-CV, Categories: civil Procedure, constitution, Pensions
J. Nye denies the Sexuality and Gender Alliance plaintiffs' request for a preliminary injunction pending the appeal in this case challenging the constitutionality of a newly-enacted statute, S.B. 1100. The plaintiffs' motion is moot, as the Ninth Circuit has "ruled on the matter and stayed the Court's decision."
Court: USDC Idaho, Judge: Nye, Filed On: October 27, 2023, Case #: 1:23cv315, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Procedure, constitution, Lgbtq
J. Dick affirms a bankruptcy court ruling denying a creditor’s counsel request for more time to file proof of a claim against the debtor in a Chapter 13 bankruptcy. The creditor’s lawyer said he did not file his client’s claim timely because of a calendaring error, and pleaded “excusable neglect.” The district court ruling disagrees: “Neglect is the inadvertent failure to do or not to something. Counsel for [the creditor] made the conscious decision to remove deadlines from his calendar on an erroneous ill-advised assumption. This is not excusable neglect — it is a bad decision.” The bankruptcy court’s decision is affirmed.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: September 28, 2023, Case #: 3:22cv664, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, civil Procedure, constitution
J. Seabright grants the various dismissal motions filed in this pro se lawsuit alleging multiple constitutional violations "against scores of defendants." The complaint, which totals over 500 pages in length, contains "highly generalized claims, with little reference to specific harm caused by any defendant to plaintiff." The court will dismiss all of the federal claims, though the plaintiff will be given an opportunity to explain how the complaint could be amended "to state a timely claim under federal law."
Court: USDC Hawaii, Judge: Seabright, Filed On: August 22, 2023, Case #: 1:23cv6, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, constitution
J. Means finds Texas and other states lack standing to challenge the government’s denial of their rulemaking petition pertaining to definitions of what constitutes a public health emergency, in which the states argue the Department of Health and Human Services has handed over the country’s sovereignty to the World Health Organization. The states fail to show an injury in fact and, therefore, lack standing.
Court: USDC Northern District of Texas , Judge: Means, Filed On: August 18, 2023, Case #: 4:23cv66, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: civil Procedure, constitution, Government
J. Pickett finds that the trial court properly ruled in favor of the sexual abuse victim on his claims against the diocese over a priest who was a "known pedophile." Though the victim's claims under pre-existing law were prescribed, the amendment to the relevant statute applies retroactively to revive claims for sexual abuse of minors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: August 17, 2023, Case #: CW-22-120, Categories: civil Procedure, constitution, Tort
J. Doss finds that the lower court properly determined that the pro se appellant is a "vexatious litigant" and required payment of a security in order to proceed. The record indicates that in the prior seven years, he had "commenced, prosecuted, or maintained five or more litigations which were finally determined adversely to him." He also failed to preserve his constitutionality argument for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: August 7, 2023, Case #: 07-23-00146-CV, Categories: civil Procedure, constitution, Defamation
J. White denies the competing motions for summary judgment in this lawsuit alleging that the former public employee's free speech rights were violated in connection with his termination. The employer argues that he reasonably believed the perceived speech to be "a matter of private, not public, concern." However, this characterization of the perceived speech is not reasonable, as there was not "an objectively reasonable investigation." Accordingly, the employer is "not entitled to judgment as a matter of law." The employee's official capacity claim will also proceed to the jury.
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: July 26, 2023, Case #: 6:20cv67, NOS: Employment - Civil Rights, Categories: civil Procedure, constitution, Employment
J. Fisher finds that the lower court properly declined to remove certain defendants from childhood sexual abuse claims brought against sponsors of a foster home program for at-risk youth. The law permitting such lawsuits by lifting the statute of limitations was not facially unconstitutional either on its face or as applied to the sponsors because the effect of the passage of time was fully considered in the enabling legislation. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: July 13, 2023, Case #: 534956, Categories: civil Procedure, constitution, Negligence
J. Genovese vacates the trial court's declaration that Act 322, the statute that revived prescribed child sex abuse claims for a limited three-year period, is unconstitutional. There was a statutory basis for sustaining the exception of prescription without having to determine the constitutionality of Act 322, and the instant case was not in the proper procedural posture for constitutional review. Vacated in part.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: June 27, 2023, Case #: 2022-CA-01826, Categories: civil Procedure, constitution, Negligence
Per curiam, the supreme court finds the ex-husband has not met his burden to force the lower court to issue rulings on motions he filed in a lawsuit involving partition of a property he and his now deceased ex-wife jointly owned as a couple before their marriage was dissolved. The lower court acted within its authority when it ruled in April 2023 that it would not make any further rulings in the case until a representative was appointed for the deceased ex-wife, whose death the ex-husband added to the record against court procedures in February 2023 with a phone call to chambers and a filed copy of the death certificate. The ex-husband also has not shown he has a "clear and indisputable" right to an order advancing his case on an expedited calendar based on the argument that, at 89 years old, he is entitled to advancement under part of the Virgin Islands Code granting litigants the right to petition for that preference if they are over 70, as the constitutionality of the mandatory elderly preference has been called into question and may well present due process, equal protection and separation of powers issues. The ex-husband's mandamus petition is denied.
Court: Virgin Islands Supreme Court, Judge: Per curiam, Filed On: June 16, 2023, Case #: 2023 VI 9, Categories: civil Procedure, constitution, Property
J. Waterman finds that the lower court properly denied the state's motion to dissolve a permanent injunction barring enforcement of the “fetal heartbeat” provision of state code chapter 146C, which would prohibit most abortions at six weeks. The state attempted to judicially revive a statute declared unconstitutional in a final judgment that had not been appealed after four years and now wishes to bypass the legislature. Since the court is deadlocked 3-3, the injunction stands. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: June 16, 2023, Case #: 22-2036, Categories: civil Procedure, constitution