31 results for 'cat:"Civil Rights" AND cat:"Emotional Distress"'.
J. Steeh denies a school district dismissal of claims contending a school bus aide physically and verbally abused a seven-year-old child who suffers autism and emotional impairment because the aide, who had previous altercations with the student, lacked proper training to calm the child.
Court: USDC Eastern District of Michigan, Judge: Steeh, Filed On: May 8, 2024, Case #: 2:23cv11810, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, Negligence, emotional Distress
J. Daniel partially grants Loyola University’s motion to dismiss a Title IX suit brought by a group of students who say the university mishandled and underreported their claims of sexual harassment on campus. The students’ complaint also accuses the university of failing to prevent sexual assault by repeat offenders and publishing false campus sexual assault statistics, and brings claims for fraud, premises liability, contract breach, negligence, emotional distress and violations of the Illinois Preventing Sexual Violence in Higher Education Act. The court dismisses all of these counts as well as a Jane Doe’s Title IX claims, citing, among other arguments, a lack of evidence and failure to state a claim. The remaining plaintiffs’ Title IX claims survive.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 18, 2024, Case #: 1:22cv6476, NOS: Education - Civil Rights, Categories: civil Rights, Education, emotional Distress
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J. Wilder-Doomes denies a request by the parish government of Baton Rouge to halt multiple civil rights suits alleging city police officers used a warehouse to strip-search and humiliate citizens during purported searches for illegal drugs. The parish has not established a stay of civil proceedings against officers of the street crimes unit at the so-called “BRAVE Cave” is warranted. No criminal charges have been filed and there is no information regarding the nature or extent of the overlap with any federal criminal investigation. However, the parish may re-urge its request for a stay, “if appropriate, as additional information develops.”
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes, Filed On: February 7, 2024, Case #: 23cv1313, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, emotional Distress, Police Misconduct
J. Trauger grants the two dismissal motions filed in this lawsuit brought by a former fraternity pledge who alleges that he was subjected to racial discrimination and "intense hazing." As to one of the fraternity members, there are no facts alleged to show that he "participated in tortious conduct." Another is alleged to have "regularly used racial slurs," but the complaint fails to show that the member "breached a duty to the plaintiff or caused him serious emotional injury."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 8, 2024, Case #: 3:22cv808, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, Education, emotional Distress
J. Vasquez finds a lower court improperly denied a minor child's guardian's motion to allow her to testify in court alongside her facility dog. A judge ruled that the child was only entitled have her service dog accompany her before and after trial in the back of the courtroom. However, the state presented sufficient evidence in court that the service dog's presence would not "bolster" the credibility of a witness. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Vasquez, Filed On: December 29, 2023, Case #: 2 CA-SA 2023-96, Categories: civil Rights, emotional Distress
J. Lawson grants the county summary judgment in claims contending officials fabricated evidence to falsely convict plaintiff of murder in 1994 because plaintiff released the county from liability by accepting a settlement under Michigan’s Wrongful Imprisonment Compensation Act. However, a detective may have fabricated critical incriminating evidence, and thus claims may proceed against her.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: December 19, 2023, Case #: 2:21cv12070, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Malicious Prosecution, emotional Distress
J. Mahan denies the school district's motion to dismiss the claims of intentional infliction of emotional distress filed by the parent of an autistic 5-year-old. A teacher's assistant allegedly witnessed a teacher abusing the special education student on many occasions, and the teacher allegedly locked the child in a darkened bathroom for singing a nursery rhyme, regularly left students unattended, used corporal punishment and pain-compliance techniques, and modified her classroom door so that it could not be opened by the students.
Court: USDC Nevada, Judge: Mahan , Filed On: December 18, 2023, Case #: 2:23cv564, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, Education, emotional Distress
J. Williams denies, in part, the police officers' motion for summary judgment, ruling that while they had a valid search warrant, it included only the first-floor apartment of the building, which allows the second-floor resident who was taken from the shower and required to sit naked for 90 minutes during a search of her home to bring Fourth Amendment and emotional distress claims.
Court: USDC Connecticut, Judge: Williams, Filed On: October 2, 2023, Case #: 3:19cv950, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, emotional Distress
J. Daniel partially grants multiple Chicago school board employees’ motion to dismiss a Black parent’s civil rights suit. The parent claims her child was a victim of bullying at a Chicago public elementary school, and that school staff made the situation worse after he fought back against his bully by screaming at the boy and forcing him outside the school on a day when the temperature hovered near freezing. The court dismisses the school counselor as a defendant, and also dismisses the parent’s 14th Amendment and state law assault claims against the school principal and security officer. The rest of the suit stands.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 2, 2023, Case #: 1:19cv6477, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, emotional Distress
J. Jenkins partially grants Chicago and its police officers’ motions to dismiss Chicago residents’ civil rights claims, brought over the city’s use of the controversial ShotSpotter gunshot alarm system. The residents claim the use of ShotSpotter has led to hundreds of wrongful arrests, not to mention police killings. The court dismisses these civil rights claims against the now-resigned police superintendent David Brown, and also tosses an intentional infliction of emotional distress claim and a malicious prosecution claim against the individual cops implicated in the suit. The rest of the suit against the city and its police stands.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 29, 2023, Case #: 1:22cv3773, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, emotional Distress, Police Misconduct
J. Brown partially rules in favor of the government in a civil rights action as to the individual's claims for false imprisonment, negligence, false arrest and intentional infliction of emotional distress. The action arose after Customs and Border Protection officers allegedly used excessive force and illegally detained the individual during an inspection at the Atlanta airport. The Federal Tort Claims Act carve-out proviso applies to the individual's tort claims and the customs-duty exception to the Act is therefore inapplicable. Genuine issues of fact exist as to whether the officer violated the Fourth Amendment by using excessive force against the individual. The case is ordered to mediation.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: September 22, 2023, Case #: 1:21cv368, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, emotional Distress, Police Misconduct
J. Jackson finds for the district on a mother's Title IX and intentional infliction of emotional distress claims on behalf of her daughter, who was sexually assaulted by a student at her high school. She fails to show her daughter suffered adverse reactions due to her protected conduct, or that the principal's conduct following their report of the assault was intentional or reckless.
Court: USDC District of Columbia, Judge: Jackson, Filed On: September 14, 2023, Case #: 1:18cv2181, NOS: Other Statutory Actions - Other Suits, Categories: civil Rights, Education, emotional Distress
J. Calabretta allows to proceed certain civil rights claims filed by the estate of defense attorney Frank Carson, who were arrested on murder-for-hire charges and held for 17 months, but was later acquitted. The estate has sufficiently pleaded a claim for retaliatory prosecution under the First Amendment and emotional distress, along with certain malicious prosecution claims.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 11, 2023, Case #: 1:20cv747, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, emotional Distress, First Amendment
J. Calabretta allows to proceed certain civil rights claims filed by the wife and daughter of defense attorney Frank Carson, who were arrested on murder-for-hire charges, but whose charges were later dismissed. They have sufficiently pleaded claims under the Bane Act, and for intentional infliction of emotional distress and Fourteenth Amendment violations.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 11, 2023, Case #: 1:18cv496, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, emotional Distress
J. Dugan finds a former high school student may pursue sex discrimination claims against a school district. The former high school student, a varsity volleyball player, sufficiently presented evidence in court that the coach forced the athletes to engage in "demoralizing and degrading activities," including being subjected to "spanking machines," and then "scolded" them for reporting the abuse.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: July 31, 2023, Case #: 3:22cv1962, NOS: Education - Civil Rights, Categories: civil Rights, Education, emotional Distress
J. Darrow rules a civilian may pursue sex harassment claims under the Fourteenth Amendment against a police officer. The civilian sufficiently showed that the police officer sent her unwanted, sexually charged text messages, including "Hello Hot stuff," and then grabbed her body parts after showing up in an unwanted visit to her home.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: July 25, 2023, Case #: 1:22cv1089, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, emotional Distress
J. Liburdi rules a native of Mexico may pursue infliction of emotional distress claims against the government. The mother, who crossed the U.S. border from Mexico with her daughter, sufficiently showed that border patrol officers separated them and placed them in a "cold, windowless, crowded cell" with no bedding or bathroom, which resulted in the child becoming overwhelmed, fainting and falling face first into the concrete floor.
Court: USDC Arizona, Judge: Liburdi, Filed On: June 28, 2023, Case #: 2:22cv683, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, Immigration, emotional Distress
J. Jenkins denies the Chicago Park District’s motion to dismiss civil rights violations claims brought by four gay soccer fans. The fans attended the 2019 Gold Cup final between the U.S. and Mexico at Chicago’s Soldier Field, where they say they were mocked by Mexico fans chanting “Eh puto!” — “puto” being a Spanish vulgarity sometimes used to refer to gay men and male prostitutes. The fans allege the Chicago Park District and Soldier Field personnel did not enforce their own anti-discrimination policies on the Mexico fans, and the court finds there are still too many factual controversies to make dismissal appropriate. The court also rejects the park district’s argument that it is shielded from liability under the Illinois Tort Immunity Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 22, 2023, Case #: 1:21cv5581, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Tort, emotional Distress
J. Kugler transfers claims a customer brought against a bank teller to the district of Rhode Island. According to the complaint, the teller refused to allow the customer, a Black man, the full amount of cash he sought to withdraw and forced him to pull down his mask, which the teller did not require of white customers. While the alleged incident occurred at a New Jersey Branch, the arbitration agreement in the parties' contract required that the claim be heard in Rhode Island.
Court: USDC New Jersey, Judge: Kugler , Filed On: June 9, 2023, Case #: 1:22cv5276, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, emotional Distress, Venue