8 results for 'cat:"Civil Rights" AND cat:"Agency"'.
J. Gorsuch finds that the court of appeal properly denied a motion to dismiss brought by the Federal Bureau of Investigations after it was sued by a man placed on the "No Fly" list. The FBI failed to meet its burden to show that removing him from the list made the complaint moot. The agency has not disclosed what activity the man engaged in that caused him to be placed on the list and, therefore, he cannot be assured to not be placed on the list again in the future. Affirmed.
Court: US Supreme Court, Judge: Gorsuch, Filed On: March 19, 2024, Case #: 22-1178, Categories: civil Rights, Government, agency
J. White dismisses civil rights claims against Santa Clara's Department of Health and Human Services from two people who were subjected to sexual abuse by their foster parents when they were kids. The two say that county officials ignored obvious red flags and didn't properly inspect the home before they were placed there, but the county never got word of any complaints about the foster parents and there is no evidence they broke any protocols in selecting them as caregivers. The claims are mostly based on speculation and broad conclusions that are not strong enough for Monell and state law claims to stand upon.
Court: USDC Northern District of California, Judge: White, Filed On: February 9, 2024, Case #: 4:22cv4948, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, agency
J. Chapman finds that the lower court properly ruled against the Secretary of State, which prepared ballot descriptions for six different proposed pro-abortion initiative petitions. The Secretary described the initiatives as allowing "dangerous, unregulated, and unrestricted abortions... without requiring a medical license," which is a baldly inaccurate summary of the proposed initiatives. Further, the Secretary's language that the initiatives would "nullify longstanding Missouri law protecting the right to life," uses partisan political language that should not be used in a summary meant to impartially inform voters. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: October 31, 2023, Case #: WD86595, Categories: civil Rights, Constitution, agency
J. Stadtmueller gives the registered nurse until November 27, 2023, to file an amended complaint in his pro se lawsuit claiming the nursing board wrongfully blocked renewal of his registered nursing license because of the "rambling" and "threatening" character of his application, as his current complaint fails to bring clear allegations that state viable claims for relief and invoke jurisdiction. If he does not file his amended complaint by the deadline, his lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 30, 2023, Case #: 2:23cv1270, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, agency
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[Consolidated.] J. Smith finds the district court improperly denied injunctive relief in this challenge to the alleged statutory deficiencies with the process and substance of the ATF’s Final Rule instituting a six-factor balancing test for classifying a firearm with a stabilizing brace which considers the firearm weight with the brace attached as well as the prevalence of YouTubers’ demonstrating the likely use of the weapon. The challenge will likely succeed on the merits of an Administrative Procedure Act claim. Reversed and remanded with instruction to adjudicate the remainder of the preliminary-injunction factors and determine the scope of any relief.
Court: 5th Circuit, Judge: Smith, Filed On: August 1, 2023, Case #: 23-10319, Categories: civil Rights, agency
J. Liu, upon review, finds the court of appeal improperly affirmed the trial court’s finding that the former employee is not subject to protection for complaining about unpaid wages. A protected disclosure under the relevant labor code encompasses reports of violations made to an agency even if the recipient already knows of the violation. Remanded.
Court: California Supreme Court, Judge: Liu, Filed On: May 22, 2023, Case #: S269456, Categories: civil Rights, agency, Employment Retaliation