13 results for 'cat:"Civil Procedure" AND cat:"First Amendment"'.
J. McHugh grants the federal government’s motion to dismiss an argument by Safehouse, a proposed nonprofit safe injection center for those struggling with opioid addition, that the federal government would be violating the organization’s First Amendment right to free exercise of religion if it criminally prosecuted them for drug crimes after opening the center. While Safehouse argued that it is informed by classic Judeo-Christian beliefs about the need to “preserve life, provide shelter to our neighbors, and do everything possible to care for the sick,” the court found no evidence that the organization is a religious entity in its articles of incorporation.
Court: USDC Eastern District of Pennsylvania, Judge: McHugh, Filed On: April 3, 2024, Case #: 2:19cv519, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, Government, first Amendment
J. Gilman finds the lower court erroneously ordered an evidentiary hearing regarding the prisoner's exhaustion of administrative remedies. The exhaustion question was intertwined with the First Amendment claims that are the substance of his complaint against the prison supervisor. The supervisor allegedly repeatedly tore up grievances based on his sexual harassment of the inmate and, therefore, prevented the inmate from pursuing administrative remedies. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: March 19, 2024, Case #: 22-1298, Categories: civil Procedure, first Amendment, Prisoners' Rights
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lawrence-Berrey finds that the lower court properly in part resolved a series of questions stemming from a defamation dispute between an individual and a local paper. The dispute presented a series of legal issues over the Uniform Public Expression Protection Act and how it relates to actions pending on the law's effective date. A proper interpretation of law finds that the Act does apply to causes of action made on or after the its effective date and service of amended pleadings restarts the 60-day clock. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: January 11, 2024, Case #: 38991-0-III, Categories: civil Procedure, Defamation, first Amendment
J. Millett vacates, in part, a district court order that places limits on what Donald Trump can publicly say about those involved in the government’s case against him for allegedly conspiring to overturn the 2020 election. Although Trump is still barred from making public statements about witnesses, counsel and court staff, along with their family members, limitations outside those parameters are vacated, as the order "sweeps in more protected speech than is necessary." Vacated in part.
Court: DC Circuit, Judge: Millett, Filed On: December 8, 2023, Case #: 23-3190 , Categories: civil Procedure, Restraining Order, first Amendment
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. Boasberg denies, in part, an individual's motion to add an additional Freedom of Information Act claim to her case against the district, in which she claims it delays responding or denies requests for information from those who are critical of the police department. The individual failed to diligently pursue the new claim before the deadline to amend had passed.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: August 30, 2023, Case #: 1:22cv277, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Public Record, first Amendment
Per curiam, the circuit finds that this appeal in which pro-life groups and individuals challenge the denial of a preliminary injunction blocking a law that provides "bubble zones" to protect women trying to get abortions should be dismissed for lack of jurisdiction, as the district court had not entered a substantial ruling on free speech claims.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 21, 2023, Case #: 23-155, Categories: civil Procedure, first Amendment