47 results for 'cat:"Civil Rights" AND cat:"Injunction"'.
J. Means finds that county commissioners who established a regulation limiting electioneering on county property during elections have not violated a conservative group’s right to freedom of speech. The county property that is restricted by the regulation is not a traditional public forum and the county’s restrictions target electioneering activity broadly and are not designed to suppress a particular view. The conservative group’s request for a preliminary injunction is denied.
Court: USDC Northern District of Texas , Judge: Means, Filed On: May 7, 2024, Case #: 4:24cv328, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, injunction
J. Heytens finds the lower court improperly granted summary judgment to the state on a Title IX claim. The state claimed its law establishing that athletic teams or sports designated for females, women or girls shall not be open to students of the male sex, defined as an individual whose biological sex determined at birth is male, didn't violate Title IX because it gave the eight-grade transgender girl the option to still participate in sports so long as it was with the boys team. Requiring the girl to countermand her social transition, her medical treatment and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy is unreasonable. Reversed.
Court: 4th Circuit, Judge: Heytens, Filed On: April 16, 2024, Case #: 23-1078, Categories: civil Rights, Education, injunction
J. Christensen grants a preliminary injunction against the Interim Director of the
Montana Department of Transportation over his ability to enforce a durational limit on political signs near highways. The director has promised not to enforce the limit and says that the case is moot, and while it is true that an injunction will have "little functionality" because of the director's decision to not enforce it, the injunction will be issued regardless for the simple reason that those bringing the suit still have the merits of the case on their side.
Court: USDC Montana, Judge: Christensen, Filed On: April 8, 2024, Case #: 6:23cv21, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, injunction
J. Robinson denies a civilian's motion for preliminary injunction concerning claims that a board of City commissioners violated his free speech and equal protection rights. The City commissioners sufficiently showed in court that the civilian was extraordinarily disruptive during open public meetings, which resulted in warnings after he refused to stay on topic by presenting non- germane matters.
Court: USDC Kansas, Judge: Robinson, Filed On: April 8, 2024, Case #: 5:23cv4107, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, injunction
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J. Weissmann finds that the trial court properly held that Hoosier Jews for Choice have standing in claims challenging state abortion restrictions on religious grounds because the Hoosier Jews demonstrated the restrictions have caused them harm, as they have been forced to alter sexual and/or reproductive behavior; meanwhile, the court properly held that their inability to access abortions infringed their religious freedoms, as one anonymous plaintiff's beliefs include that "life begins when a child takes their first breath after birth" and that a pregnant woman's life "must take precedence over the potential for life embodied in a fetus," while another anonymous plaintiff, who lacks affiliations with a particular religion and does not believe in a single god, believes in a "supernatural force or power in the universe that connects all humans" and that "we are endowed with bodily autonomy." The claims may proceed as a class action, but the court's injunction must be narrowed so as not to allow valid applications of the restrictions to be blocked. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: April 4, 2024, Case #: 22A-PL-2938, Categories: civil Rights, injunction
J. Chun grants an injunction to one member of the university's Institutional Animal Care and Use Committee (IACUC) against the university, as the member alleges that the university will otherwise give non-party PETA and other animal rights groups records that associate the member with the IACUC. While other IACUC members involved in this case disclosed their identities, the member in this order did not, and he is not obligated to reveal his identity.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 29, 2024, Case #: 2:24cv170, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, injunction
J. Reidinger grants a group of advocates of homeless people their motion for preliminary injunction after the City of Asheville and some of its police officers banned the advocates from city parks and imposed other punishments. The advocates have been helping homeless people get access to food and other necessities and protesting public policy on their behalf. In response, the city and officers have banned the advocates and charged them with felony littering, which could lead to imprisonment if the advocates visited a park. The felony charges have affected some advocates’ ability to be hired. They were also not given a hearing before the charges were filed. The advocates sufficiently demonstrate likelihood of success on the merits, that their right to due process has been violated, and that it is in the public interest that a preliminary injunction be granted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:23cv103, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, injunction
J. Simon denies the adoptive parents' motion for a preliminary injunction seeking to have the hearing officer's dismissal of their complaint vacated. The complaint alleged the school denied their psychologically challenged child a free and appropriate education when the child's patterns of self-injury and abuse re-emerged after treatment. The parents fail to show a need for the injunction, and the relief sought is neither preliminary nor injunctive in nature. Furthermore, they do not establish any likelihood of irreparable harm, nor a likelihood they will succeed on the merits.
Court: USDC Northern District of Indiana, Judge: Simon , Filed On: March 18, 2024, Case #: 4:23cv79, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, Education, injunction
J. Laing finds a lower court improperly dismissed a local borough council's anti-social behavior claims against a civilian. The civilian, who sleeps outside, argued that he has a right to earn money as a "persistent beggar." However, the local borough sufficiently showed in court that he is a detriment to the community for leaving needles on the sidewalk, defecating in front of a grocery store, and chucking food onto the sidewalk. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: March 8, 2024, Case #: CA-2023-1038, Categories: civil Rights, injunction
J. Huffaker grants, in part, a sex offender’s motion for summary judgment in his constitutional challenge to the Alabama Sex Offender Registration and Community Notification Act. Alabama restricts convicted child sex offenders from residing or spending the night with a minor, even if the minor is the offender’s child; the court finds this is unconstitutional under the due process clause of the 14th Amendment. The court enjoins the state from enforcing the law in its current form.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: January 10, 2024, Case #: 2:21cv797, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Due Process, injunction
J. Docherty denies the prisoner's motions for a preliminary injunction and to compel discovery in his case arguing that Minnesota prisons' policy regarding sexually suggestive photos violates prisoners' First Amendment rights. The prisoner is unlikely to succeed on the merits of his claims, and he has not established that he will suffer irreparable harm absent an injunction nor that harm to him outweighs the harm the prison system could suffer with an injunction. Overturning the policy would also be contrary to the public interest. Finally, the interrogatory he seeks answers to in his motion to compel, asking for information on the religious beliefs of people charged with inspecting content for nudity, is irrelevant.
Court: USDC Minnesota, Judge: Docherty, Filed On: January 9, 2024, Case #: 0:22cv3107, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, injunction, Prisoners' Rights
J. Cartwright denies the Michigan-based company’s motion for a preliminary injunction for its complaint that the state agency used an unconstitutional law that favors Washington state residents over out-of-state residents to deny the Michigan-based company’s retail cannabis license application for the Social Equity Application Program. The Michigan-based company cannot show a likelihood of success on the merits of its claim, because the Michigan-based company does not cite any Ninth Circuit or Ninth Circuit district court decision that argues that the dormant Commerce Clause prevents a residency preference for a cannabis retail license.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: January 5, 2024, Case #: 3:23cv6111, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Commerce, injunction
J. Tostrud grants the chamber of commerce's motion for a preliminary injunction halting enforcement of a portion of a newly-passed law banning "foreign influenced corporations" from making political contributions and independent expenditures in state elections. While preventing foreign influences on elections is a compelling state interest, the challenged provisions are not narrowly tailored restrictions on the exercise of First Amendment rights.
Court: USDC Minnesota, Judge: Tostrud, Filed On: December 20, 2023, Case #: 0:23cv2015, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, injunction
J. Reidinger grants an anonymous man affiliated with the University of North Carolina at Chapel Hill his motion for a preliminary injunction against the university following a sexual misconduct investigation it conducted. Complaints about the man’s alleged involvement in multiple acts of sexual misconduct prompted the investigation, and the man has been suspended from his affiliation with the school. Based on the fact that the man denies having perpetrated any of the actions for which he is accused, and the potential for harm if he is indicated publicly, the university is enjoined from releasing any information regarding the man until litigation has concluded.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 28, 2023, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: civil Rights, Education, injunction
J. Wright denies the city, county and park board's motions for judgment on the pleadings in the recently homeless individuals and nonprofit's suit alleging that sweeps of encampments in Minneapolis parks violate their civil rights and unlawfully convert their property. While all of the individual plaintiffs are now housed, the transitory nature of homelessness and housing instability are sufficient to confer standing to pursue injunctive relief. They have also adequately alleged that the governments had unconstitutional customs of providing insufficient notice before shutting down encampments and seizing or destroying property found in them, and that they coordinated encampment closures with each other. The nonprofit has also adequately pleaded that the diversion of funds to pay for hotel rooms for displaced encampment residents constituted an injury traceable to the governments' conduct.
Court: USDC Minnesota, Judge: Wright, Filed On: November 21, 2023, Case #: 0:20cv2189, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, injunction
J. Nelson denies the mother a preliminary injunction regarding her lawsuit alleging that Director Fariborz Pakseresht and others violated her First Amendment rights through the Department of Human Services' requirement that prospective adoptive parents use a child's preferred pronouns and accept their sexuality, which she says violates her religious beliefs. The mother claims that the government offers exemptions to this requirement, but she does not provide any examples that it does so for secular applicants that could not or would not support a child's beliefs, nor do these examples "imply that the government grants exemptions for secular reasons."
Court: USDC Oregon, Judge: Nelson, Filed On: November 14, 2023, Case #: 2:23cv474, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, injunction
J. Boulee rejects the organizations' joint motion for a preliminary injunction in a civil rights action seeking to block enforcement of five provisions in a Georgia law governing election-related processes. The organizations alleged that the provisions in S.B. 202 are racially discriminatory and violate the Fourteenth and Fifteenth Amendments. The provisions at issue govern the number and location of drop boxes, prohibit distribution of food and drink to voters waiting in line, set a deadline for submitting applications to vote absentee, prohibit the counting of out-of-precinct provisional ballots cast before 5:00 p.m. and require voters applying for an absentee ballot to provide their driver's license or state identification card number. The organizations failed to show that they are substantially likely to succeed in showing that the provisions have a disparate impact on Black voters. The organizations also failed to show that the legislature intended to discriminate against Black voters with the law's passage.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: October 11, 2023, Case #: 1:21mi55555, NOS: Voting - Civil Rights, Categories: civil Rights, Elections, injunction
J. Thrash denies the organization's motion for a preliminary injunction in a civil rights action against the foundation alleging that the foundation's contest to award grants to Black woman-owned small businesses unfairly excludes the organization's non-Black members on the basis of their race. The organization failed to show a clear likelihood of success on the merits of its claim because the First Amendment may bar the claim. The contest does not appear to be an affirmative action program which would fit under an exception to section 1981 of the Civil Rights Act.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 27, 2023, Case #: 1:23cv3424, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, injunction
J. Hyles recommends that the department's and individual's motions to dismiss the grandfather's civil rights action be granted and that the grandfather's preliminary injunction motion seeking to be reunited with his granddaughter be denied. The action arose after the department placed the granddaughter with an allegedly abusive foster parent, refused to allow the grandfather to communicate with her and failed to file reports as to the alleged sexual abuse of the granddaughter. The grandfather failed to effect service on the department or the individual and the claims are barred by the statute of limitations.
Court: USDC Middle District of Georgia, Judge: Hyles, Filed On: September 22, 2023, Case #: 3:23cv22, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, injunction
J. Hanen finds, in part, for a preacher who now seeks to pass out pamphlets and display signs on a busy street corner, after losing his legal battle to preach at the busy intersection. The preacher is entitled to an injunction preventing the enforcement of the county's restrictive policy, as he has shown an irreparable injury and the balance of hardships tips in his favor.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: September 12, 2023, Case #: 4:19cv4259, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, injunction