6 results for 'cat:"Civil Rights" AND cat:"Constitution" AND cat:"Evidence"'.
J. DeGravelles grants summary judgment to five juvenile sex offenders, declaring key parts of Louisiana’s sex offender registration and notification laws as an unconstitutional violation of the First Amendment right to free speech. The order bars Louisiana from enforcing a law requiring that driver’s licenses issued to sex offenders adjudicated as juveniles be branded with the orange phrase “SEX OFFENDER.” The state also is prohibited from emblazoning the phrase “SEX OFFENDER” on the identification cards of registered sex offenders who committed sex crimes as juveniles. Louisiana’s lifetime social media ban for sex offenders is declared inapplicable to adjudicated juvenile delinquents.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: February 2, 2024, Case #: 3:20cv837, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, evidence
J. Jackson grants summary judgment to a city, police department and police officer, dismissing false arrest and excessive force claims by a woman the officer Tased without warning after she twice swung a hammer at the head of another woman. The arrested woman failed to offer any evidence to rebut the officer’s version of events, and the Fourth Amendment permits an officer to use reasonable force to subdue a suspect that poses an immediate threat to the safety of others.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: December 19, 2023, Case #: 3:21cv459, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, constitution, evidence
J. Dick denies summary judgment to the Republican governor-elect of Louisiana on his argument as the state’s current attorney general that "Black Voters Matter" does not have standing to represent black voters in a voting rights suit against the state. The organization concedes it does not have associational standing in the case but that it meets the constitutional requirement for injury-in-fact by presenting evidence that the state’s allegedly discriminatory voter redistricting maps have required a diversion of organizational resources from its broader voter registration and community empowerment initiatives.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 15, 2023, Case #: 3:22cv178, NOS: Voting - Civil Rights, Categories: civil Rights, constitution, evidence
J. Barbier grants a request by the mother of a 14-year-old girl who was kidnapped and sexually abused by a 53-year-old New Orleans police officer, barring the now-incarcerated ex-cop, the City and its former police chief from re-litigating the child’s criminal claims in her civil suit. They argue that the officer pleaded guilty in the criminal case and did not mount a vigorous defense to the girl’s allegations because of poor health, including three heart attacks, a stroke, and a likely terminal brain tumor. The City, the former police chief and the ex-cop all unsuccessfully argued without any legal authority that his health condition is a special circumstance that could prevent his guilty plea in the criminal case from being used in the child rape victim’s civil suit.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 31, 2023, Case #: 2:21cv407, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, evidence
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J. Murphy finds the lower court properly granted the prison guard's motion for summary judgment on Eighth Amendment claims filed by an inmate. While the guard was charged with a misdemeanor for his use of force, the inmate failed to prove the use of violence was malicious and sadistic. The inmate suffered no visible injuries after the guard grabbed his throat and shoved him against the wall, and while he complained of neck pain in the months that followed, the guard believed force was necessary to subdue the inmate after he disobeyed orders. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: August 16, 2023, Case #: 22-1937, Categories: civil Rights, constitution, evidence