13 results for 'cat:"Civil Rights" AND cat:"Judiciary"'.
J. Holcomb finds in favor of the state agency against the attorney's complaint, which alleges that the state agency must independently investigate the judge who served as an arbitrator in an underlying divorce action because the judge was actually a temporary judge. The Eleventh Amendment bars this action, because it gives states and state agencies sovereign immunity to cases filed in federal court.
Court: USDC Central District of California, Judge: Holcomb, Filed On: April 8, 2024, Case #: 5:22cv1709, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, judiciary, Immunity
J. Willett dismisses the former nurse's appeal of her more than 20-year-old drug conviction. Though she has maintained her innocence of charges arising from police officers' finding of cocaine on the ground near where she was standing, a district attorney who was also working as a law clerk consistently advised the judge to draft adverse rulings in her case. He was disbarred after his retirement. The former nurse cannot show favorable termination of her conviction, and her civil rights suit cannot proceed. Affirmed.
Court: 5th Circuit, Judge: Willett , Filed On: December 14, 2023, Case #: 22-50998, Categories: Drug Offender, judiciary, civil Rights
J. Gillmor denies a motion for recusal by a man formerly convicted of sexual assault of a minor, who now sues his accuser, her family and police and court officers involved in the conviction. The man’s claims of bias against him do not constitute a basis for recusal, as the purported bias stems from the judge’s rulings, rather than from outside the proceedings. “The fact the court has ruled against plaintiff, expressed an opinion about a matter of procedure or a point of law, or disagreed with plaintiff’s legal position is not a basis for recusal.”
Court: USDC Hawaii, Judge: Gillmor, Filed On: November 9, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, judiciary
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J. Seybert denies a motion to recuse herself from an attorney’s civil rights action alleging due process violations. The attorney tried to argue the judge’s impartiality would be impacted by a working relationship she had with a defendant while working as a judge at the Nassau County District Court over 30 years ago, when the defendant was working as a court officer in the same location. However, the judge has no recollection of the defendant and their relationship at the time was simply professional.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: November 8, 2023, Case #: 2:22cv7398, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, judiciary, Due Process
J. Dorsey dismisses the cognitively disabled patient's civil rights complaint against various Nevada courts alleging that they failed to accommodate his disabilities during his malpractice lawsuit against a treatment center. The state argues that it lacked the ability to control the courts' decisions and no plausible claim is stated, though judicial immunity ultimately shields the judges’ conduct.
Court: USDC Nevada, Judge: Dorsey , Filed On: September 18, 2023, Case #: 2:22cv1164, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, judiciary, Immunity
J. Foote, on remand by the Fifth Circuit for abusing her judicial discretion by closing a predominantly white K-5 elementary school in a predominantly white community, orders the school to remain closed for the 2023-2024 school year pending further guidance from the Circuit. As the evidence demonstrates, there is no plan under which reopening the school contributes to a decades-long effort to desegregate the parish’s public school district’s primary schools, according to the 97-page ruling. If the Fifth Circuit’s remand means that the elementary school must be reopened, the lesser of several “evils” is reopening the school in 2024 as a prekindergarten-first grade school. That proposal balances the benefits of desegregation with the Fifth Circuit’s concerns about closing a local school.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: July 31, 2023, Case #: 6:65cv11314, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, judiciary
J. Foote finds an Acadiana parish school board’s actions on racial desegregation over the last year — “sudden unexplained changes in positions and general obstructionism” — have “severely” undermined its bid to end nearly 60 years of court oversight. As a result of the board’s refusal to negotiate with Black plaintiffs, even on agreed-upon remedies to foster “graduation pathways,” the South Louisiana school district may not apply for an end to court-supervised racial desegregation until the fall of 2026.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: May 25, 2023, Case #: 6:65cv11314, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, judiciary