113 results for 'cat:"Civil Rights" AND cat:"Due Process"'.
J. Lee denies in part a police officer's motion for summary judgment on claims including excessive force filed by a mother who was tripped to the ground, allegedly for resisting arrest, when visiting the courthouse to pick up her son. The mother gave sufficient evidence of her injuries to support the excessive force claim.
Court: USDC Southern District of Mississippi , Judge: Lee, Filed On: May 3, 2024, Case #: 3:22cv439, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Barrett denies the student's motion for a preliminary injunction, ruling the university provided him notice of the sexual assault allegations within a month of the victim's submission of her final report and did not rely on any absent witness testimony when it expelled him; therefore, no due process rights were violated during disciplinary proceedings and the student is not entitled to an injunction.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: May 2, 2024, Case #: 1:23cv284, NOS: Education - Civil Rights, Categories: civil Rights, Education, due Process
J. Bloomekatz finds the lower court properly rejected the police officer's request for qualified immunity on excessive force and deliberate indifference claims filed by the estate. Video evidence and the testimony of other officers clearly indicate the decedent was not a threat at the time he was shot and killed in his home after officers were called there for a well check. The decedent had put his gun on the table at which he was seated and merely leaned toward the ground at the time he was shot; therefore, he did not represent a threat to the officer, while he was also required to do more than simply call paramedics after the shooting, at which time the decedent was hemorrhaging blood and struggling to breathe. Affirmed in part.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: April 29, 2024, Case #: 23-3296, Categories: civil Rights, Immunity, due Process
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J. Brnovich grants a city's motion to dismiss a former peace officer's wrongful termination claims based on his religion as a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. The city sufficiently showed that the former peace officer was fired for not obtaining certification under the Arizona Police Officer Standards and Training Board, and not for being a member of a religious sect.
Court: USDC Arizona, Judge: Brnovich, Filed On: April 16, 2024, Case #: 3:23cv8506, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, due Process
J. Moore grants an Iraq citizen’s petition for review of denial of his motion to reopen from the board of immigration appeals based on changes in Iraq. The board erred when denying the motion because of the evidence submitted with his prior motions were the same each time. The court vacates the board’s decision and remands it back for further proceedings. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 11, 2024, Case #: 22-3743, Categories: civil Rights, Immigration, due Process
J. Peterson partially grants the motion for summary judgment from the city, city officials and fire and police commission in a lawsuit from a firefighter claiming his First and 14th Amendment rights were violated when, among other things, he was demoted from his position as assistant fire chief and had a restraining order entered against him when he began arriving at fire scenes while he was on leave. The firefighter's due process claim against the city and the commission will proceed to trial, as there is a dispute regarding whether he was deprived of his property interest in his position through his demotion after a change in the law governing how such employment decisions are made. Summary judgment is granted to the city, officials and commission on all of the firefighter's remaining claims, and the individual officials are dismissed as parties.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 10, 2024, Case #: 3:22cv640, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, due Process
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Employment Discrimination
[Modified.] J. Stratton adds one sentence calling for appellant to pay costs on appeal with no change in judgment. Substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 8, 2024, Case #: B290675, Categories: civil Rights, Education, due Process
J. Stratton finds that substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 7, 2024, Case #: B290675, Categories: civil Rights, Education, due Process
J. McKenna upheld a lower court’s refusal to dismiss two homeless individuals’ claims against Maui County officials for seizing their property in a sweep without holding a contested case hearing. The seized items were undoubtedly considered property under the due process clause, and the county ignored the individuals’ request for hearings after they were notified of the county’s intentions to sweep. The county also should not have destroyed the property after it was removed, similarly without any hearings or meetings. Affirmed.
Court: Hawai'i Supreme Court, Judge: McKenna, Filed On: March 5, 2024, Case #: SCAP-22-368, Categories: civil Rights, Government, due Process
J. Epps recommends that the former teacher's civil rights and unfair credit reporting action against the investigator, deputy, county, company and other parties be dismissed. The action arose after the deputy filed a police report and the investigator obtained an arrest warrant for the teacher based on allegedly false identity fraud accusations made by the teacher's daughter. The teacher fails to properly state a conspiracy claim against anyone. The action fails to allege communications between any of the parties that resulted in an agreement to deny the teacher any constitutional right.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: February 28, 2024, Case #: 1:23cv148, NOS: Consumer Credit - Other Suits, Categories: civil Rights, due Process
J. Boyle grants staff members in North Carolina’s teachers’ retirement system their motion for judgment on the pleadings following allegations of a due process violation in a teacher’s dispute over her benefits. Unbeknownst to the teacher, she was overpaid benefits for 10 years, and when the system found the mistake, it docked her benefits by 50% until it recouped the overage. At this stage, the teacher’s remaining claim is that she was not given a pre-deprivation hearing before the reduction in benefits. However, the system staff members are entitled to qualified immunity and the teacher has not provided sufficient evidence otherwise.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 21, 2024, Case #: 4:22cv27, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, due Process
J. McGrath finds the district court improperly upheld the justice court’s denial of a woman’s motion to dismiss for lack of speedy trial when she was charged with six misdemeanor traffic violations. This court holds the state failed to demonstrate good cause for the delay after the woman’s trial was held without her present. Reversed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: February 20, 2024, Case #: DA 21-0645, Categories: Speedy Trial, due Process, civil Rights
J. McKeague finds the lower court erroneously denied the family services employees' motion for qualified immunity on Fourth and Fourteenth Amendment claims filed by the father. Although he may have revoked his consent to allow the agency to keep his children during an investigation into sexual assault claims, the employees could not have reasonably known they were violating his rights when they continued to keep the children. The father explicitly gave consent for the agency to keep his children during the investigation, and although he asked about getting them back during a phone call, this did not represent a clear revocation under this circuit's caselaw that would implicate his constitutional rights. Reversed.
Court: 6th Circuit, Judge: McKeague, Filed On: February 8, 2024, Case #: 23-1372, Categories: civil Rights, Immunity, due Process