128 results for 'cat:"Civil Rights" AND cat:"Government"'.
J. Kobayashi dismisses a complaint that accuses the state of providing pornography to minors through its public library system, finding that the woman’s claims that children have been sexually abused at state libraries are not detailed or backed up by facts. Other claims she made also do not relate to each other or the library. Further, she does not have standing to bring claims on behalf of unnamed minor children as she does not assert any relationship with them.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 3, 2024, Case #: 1:24cv101, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government
Per curiam, the circuit finds the district court properly dismissed civil rights claims filed by the individual against whom criminal trespass warnings were issued. He asserts more than 100 civil claims seeking millions of dollars in damages. Qualified immunity shields officials performing discretionary functions from civil liability. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 26, 2024, Case #: 23-11190, Categories: civil Rights, government, Damages
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J. Dick grants a request by the state to dismiss as moot a voting rights suit by black litigants that preceded legislative enactment of a new congressional map containing two first-ever majority-black districts. The litigants do not oppose the new congressional map but argue their case is not moot due to pending legislation in the Western District of Louisiana. State officials have sufficiently shown the earlier redistricting conduct challenged by litigants will not recur with the state’s voluntary enactment of a new congressional map with two black-majority districts.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 25, 2024, Case #: 3:22cv211, NOS: Voting - Civil Rights, Categories: civil Rights, Constitution, government
J. Rodriguez denies an organization’s motion for an injunction and temporary restraining order after it sued the city of Kerrville, arguing local ordinances on “peddlers and solicitors” and “electioneering” violate the First Amendment. Despite expressing “generalized” concerns about the ordinances, the suing parties have not shown specific plans to engage in proscribed conduct and therefore lack standing for a restraining order.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 25, 2024, Case #: 5:24cv403, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, First Amendment
J. Novak denies the department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Employment Discrimination
J. Aiken denies the government's motion to stay proceedings while its writ of mandamus is pending in the 9th Circuit. The young activists claim that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The government and others repeatedly delayed the case from entering the evidentiary phase for almost 10 years, and they do not identify any new issues that would justify a further stay or convince this court that the 9th Circuit is likely to grant the petition for mandamus.
Court: USDC Oregon, Judge: Aiken, Filed On: April 19, 2024, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Environment, government
J. Becerra grants summary judgment to the U.S. Department of Health and Human Services in a dispute with the State of Texas and a pharmacy over the Affordable Care Act. Those suing parties argued that federal anti-discrimination laws referenced in the Affordable Care Act, including those protecting pregnant people, could force the pharmacy to dispense abortion-inducing medication in violation of state law and the pharmacy's sincerely held religious beliefs — but “much to the court’s surprise,” HHS has repeatedly stressed this is not the case and has issued revised guidance clarifying that pharmacies do not have to fill prescriptions for abortion medications, and as such, there is no “legally cognizable interest” in the outcome of the case, so it is moot.
Court: USDC Western District of Texas , Judge: Becerra, Filed On: April 5, 2024, Case #: 7:23cv22, NOS: Other Statutory Actions - Other Suits, Categories: civil Rights, government, Health Care
Per curiam, the Fifth Circuit finds the district court properly dismissed the voters’ suit challenging Texas’ use of electronic voting machines. The generalized grievance that all voters’ votes are made vulnerable by the machines does not confer standing. Though certain of the voters ran for office, and one currently holds office, candidate-specific injuries exist nowhere in the complaint. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 23-10936, Categories: civil Rights, Elections, government
J. Faber adopts the proposed findings and recommendation by the magistrate judge, and grants the public transportation agency's motion for summary judgment in the legally blind passenger's complaint accusing it of civil rights violations when it excluded him from riding the bus after defending himself in a fight with other passengers the day before. The court finds the agency neither violated his constitutional right to self-defense nor denied him access to public accommodations when it placed him on a 30-day suspension from its services due to his violation of the agency's code of conduct when he became verbally abusive with the other passengers after they refused his requests they move to other seats.
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: March 29, 2024, Case #: 1:21cv425, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Transportation
[Consolidated.] J. Eagles grants a woman’s applications to proceed without prepaying fees and costs in this pro se action against the federal government and YouTube simply to allow the court to recommend dismissal. The woman appears to make sweeping statements regarding institutionalized racism against her and her family imposed by the federal government. She also claims that YouTube has been harassing her with its content even though she has communicated with it that she has mental health difficulties and it should stop. Both allegations fail to state a claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:24cv234, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Technology
J. Bates allows a Department of Homeland Security employee’s race and sex discrimination and hostile work environments claim to proceed, but denies his other retaliation and disability discrimination claims. He was moved from Washington, D.C., to Baltimore after he had an “altercation” with his supervisor.
Court: USDC District of Columbia, Judge: Bates, Filed On: March 29, 2024, Case #: 1:22cv3548, NOS: Employment - Civil Rights, Categories: civil Rights, government, Employment Retaliation
J. Eifert grants in part the class of former foster care children's motion for sanctions under Rule 37(e)(1) for the West Virginia Department of Health Services' failure to preserve all electronically stored information (ESI) requested in discovery. Since the spoliation of evidence did slightly compromise the class's ability to present its case demonstrating “systemic deficiencies” in the foster care system, WVDHS is precluded from arguing the deleted ESI would have shown they did not act with deliberate indifference, and it must reimburse the class for their reasonable attorney fees and costs associated with bringing the motion.
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: March 28, 2024, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Discovery
J. Peterson partially grants the U.S. Coast Guard and Coast Guard officials' motion to dismiss a pro se lawsuit from a former member of the Coast Guard Auxiliary claiming he was removed from his position after refusing orders to remove posts he made on social media. The former Auxiliary member can proceed with his claim against the Coast Guard under the Administrative Procedures Act, but all his other claims, including those stating violations of due process and the First Amendment, are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 27, 2024, Case #: 3:23cv170, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, government
J. Chambers grants the transgender woman's motion to amend her complaint to include a claim under the Americans with Disabilities Act, and grants in part the West Virginia Department of Health Service's motion to dismiss the initial complaint seeking injunctive relief for her health maintenance organization to pay for three "medically necessary surgeries" through the state Medicaid program. In addition to demonstrating her ADA claim has merit, the woman makes a plausible denial of equal protection claim when WVDHS "took the 'previously unheard-of step of asking a state court to overturn'" its own Board of Review's eligibility review based solely on her sexual orientation.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: March 27, 2024, Case #: 3:23cv450, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Lgbtq
J. Jennings denies the government's motion to dismiss a protestor's claims he was peacefully sharing his message on a public sidewalk outside Churchill Downs when he was arrested by a state trooper for criminal trespass, a charge that was later dropped. Defendant claims he was traumatized by his transport and incarceration due to combat PTSD. Facts demonstrate a clear injury-in-fact, traceable directly to the government's permitting scheme, although the trooper is entitled to qualified immunity.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 21, 2024, Case #: 3:23cv235, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Immunity
J. Copenhaver grants in part the motions of the former Wood County sheriff, his chief deputy and the county commission for summary judgment in a former deputy sheriff's suit for sexual discrimination and retaliation. In addition to her failure to establish a prima facie case for retaliation, the court finds the commission is an improper party on that claim and that the former chief deputy is an improper party to her claim of sexual harassment. The commission and former sheriff remain as defendants on the deputy's remaining claim for sex discrimination by way of a hostile work environment under the West Virginia Human Rights Act.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: March 20, 2024, Case #: 2:22cv388, NOS: Employment - Civil Rights, Categories: civil Rights, government, Employment Discrimination
J. Douglas finds the district court properly dismissed most claims made by the black property owner against the postal service and two employees. Though the alleged conduct does not fall within tort claims act exceptions, and sovereign immunity does not bar tort claims, the owner fails to state a viable equal protection claim. No facts support her assertion the carriers continued to deliver to similarly situated white property owners while denying her delivery. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: March 20, 2024, Case #: 23-10179, Categories: civil Rights, government, Tort
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. Connolly dismisses a civil rights action challenging the eviction of a legally-blind man and his children from his rented home. The complaint fails to state plausible claims of discrimination by the judicial officers, who simply executed the orders of the court, and the governmental entities are immune from suit.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:21cv415, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Immunity
J. Huffaker denies a legal advocacy nonprofit’s motion for a preliminary injunction in this civil right lawsuit against the Alabama governor for considering race when appointing members to professional boards and commissions. The group, which files lawsuits opposing other race-based criteria in grants, scholarships and other programs, says this practice is discriminatory, demeaning, patronizing and unconstitutionally resulted in a white woman not receiving a seat on the Alabama Real Estate Appraisers Board. The court finds the woman did suffer an injury and that the nonprofit has standing to sue for equal protection, but does not find that an injunction is necessary to prevent an irreparable injury.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 19, 2024, Case #: 2:24cv104, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Equal Protection
J. Mosman denies the pharmaceutical trade group summary judgment for the commerce clause claim of its complaint alleging that Andrew Stolfi, Director of the Oregon Department of Consumer and Business Services, allowed disclosure laws that unfairly require pharmaceutical manufacturers to hand over trade secrets and threaten to publicize that information if the manufacturers decide to increase their prices. Neither party is entitled to summary judgment on the commerce clause, because neither party can definitely say how House Bill 4005, which is a law providing for “drug-pricing transparency," will effect interstate commerce.
Court: USDC Oregon, Judge: Mosman, Filed On: March 19, 2024, Case #: 6:19cv1996, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, Commerce, government
J. Griffin finds the lower court properly dismissed municipal liability claims against the city. Although the police chief intentionally avoided a background check on the officer who held the victim at gunpoint while off-duty and without any reason, there is no evidence to suggest the city should have known the officer would have committed this specific, unconstitutional act based on previous disciplinary issues with a Florida police department. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: March 18, 2024, Case #: 23-5229, Categories: civil Rights, Evidence, government