56 results for 'cat:"Civil Rights" AND cat:"Jurisdiction"'.
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J. Bordallo dismisses a former doctor’s claims against two attorneys who represented a North Carolina hospital that suspended his medical license suspension. The court does not have jurisdiction over the claims, in one part because the attorneys are not government representatives. The former doctor does not show there is diversity jurisdiction either, all parties reside in Guam and the former doctor does not prove he actually lives in Florida as he claims.
Court: USDC Guam, Judge: Bordallo, Filed On: April 4, 2024, Case #: 1:23cv17, NOS: Other Fraud - Torts - Personal Property, Categories: civil Rights, Health Care, jurisdiction
J. Rozzoni denies a motion to remand a race discrimination case brought by a Walmart customer to the state court based on lack of diversity jurisdiction. The customer claims that the security guards involved in the incident do not have diversity with the customer, but the judge notes that the security guards are not named in the suit and diversity exists between the customer and Walmart. Additionally, the judge recommends denial of the customer’s motion for a bench trial because the customer’s motion does not meet exceptions that erode the right to a jury trial.
Court: USDC New Mexico, Judge: Rozzoni, Filed On: March 22, 2024, Case #: 1:23cv973, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Corporations, jurisdiction
J. Robinson finds that the district court properly dismissed discrimination claims against a Pfizer fellowship program designed to increase minority employment for excluding white and Asian-American student applicants. In seeking a preliminary injunction, plaintiff failed to identify a member who had been injured by the program by name rather than pseudonym. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: March 6, 2024, Case #: 23-15-cv, Categories: civil Rights, jurisdiction
J. Richardson grants the state defendants' dismissal motion in this voter lawsuit challenging the constitutionality of certain statutes, alleging that the statutes "deter voting" and chill "freedom of political speech." The voter plaintiffs contend that the sections at issue, which are meant to prevent "cross-over voting" in the primary elections, are void for vagueness. But the court finds that the plaintiffs lack standing.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 4, 2024, Case #: 3:23cv1256, NOS: Voting - Civil Rights, Categories: civil Rights, Elections, jurisdiction
J. Stras finds a lower court properly dismissed the Reporters Committee for Freedom of Press request to unseal federal criminal inquiries in connection. The government argued that the majority of the requested documents would be unsealed within six months. However, the government sufficiently showed that the court lacks jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: March 1, 2024, Case #: 22-3326, Categories: civil Rights, jurisdiction
J. Clay finds that because the lower court's denial of qualified immunity to the corrections officer turns on a question of fact - specifically, whether the juvenile inmate's constitutional rights were violated - the corrections officer cannot file an interlocutory appeal and his appeal must be dismissed for lack of jurisdiction.
Court: 6th Circuit, Judge: Clay, Filed On: February 29, 2024, Case #: 23-1259, Categories: civil Rights, Immunity, jurisdiction
J. Carter dismisses the parent's federal claims alleging that the school district's staff retaliated against the child, then a first grader, for drawing a picture with the phrase "Black Lives Matter" in black marker and "any life" beneath that sentence in lighter marker before sharing it with a classmate. The federal claims are dismissed because discipline about what is appropriate to say or do in school belongs in the hands of teachers instead of federal courts, and the parent's two other claims arise under California law.
Court: USDC Central District of California, Judge: Carter, Filed On: February 22, 2024, Case #: 8:23cv306, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, jurisdiction
Per curiam, the circuit finds the district court improperly found for the university on the student's Rehabilitation Act claims, in which she says she says the school failed to accommodate her depression and post-traumatic stress disorder with extended time for assignments and exams. Though the court properly granted summary judgment on other claims on grounds of sovereign immunity, the student's initial state court suit was refiled as this federal suit before the state appellate court’s plenary power expired and within the 60-day grace period. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 15, 2024, Case #: 22-10013, Categories: civil Rights, Education, jurisdiction
J. Corker partially grants the defendant law enforcement officer's motion for summary judgment and dismisses the couple's federal claims under Section 1983 against him. The couple alleges that the officer, an employee of the University of Tennessee Police Department, mistakenly approached their home with a gun and "demanded to know why they were in 'his' home," in violation of their constitutional rights. However, they fail to show that the officer, whose actual house was allegedly "right next door," was acting under color of state law at the time of the incident. The court also declines to exercise jurisdiction over their state law claims.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: January 10, 2024, Case #: 3:22cv188, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, jurisdiction
J. Varlan grants the dismissal motions filed in this civil rights lawsuit stemming from a child custody dispute. The court notes initially that the father's pro se complaint is "difficult for the Court to comprehend" and determines that Child Protective Services is entitled to sovereign immunity under the 11th Amendment. Additionally, the magistrate judge is entitled to absolute judicial immunity, and the claims against the mother are dismissed for a lack of jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: January 8, 2024, Case #: 1:23cv194, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Immunity, jurisdiction
J. Simon rules in part for defendants in civil rights claims because state law does not allow Lake County to elect its own superior court judges; however, the appointment process from the governor does not violate federal voting law. Meanwhile, the court lacks jurisdiction to make a decision on the merits of the remaining claims, which contend the judicial appointment process violates Indiana law.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: January 4, 2024, Case #: 2:21cv160, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, Government, jurisdiction
J. Boyle grants a group of multiple individuals, including the North Carolina assistant attorney general, its motion to dismiss a charter school’s former CEO’s allegations that they have been involved in a racist conspiracy since 2007 to shut down the school. He says the group pressured him, a Black man known for opposing alleged race-based discrimination in the state’s treatment of charter schools, into continuing to use a financial services vendor that he accuses of filing false reports. Further, he claims members of the group destroyed his reputation through verbal attacks and deliberately influenced the vendor to create false reports in order to justify the school board’s revocation of the charter. However, the members of the group are protected by 11th Amendment immunity and, because the CEO’s claims are time-barred, supplemental jurisdiction is not applicable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 20, 2023, Case #: 5:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, jurisdiction
J. Carroll finds the trial court properly dismissed the school district’s sexual harassment filed by a student complaint for lack of subject-matter jurisdiction in favor of the human rights commission. The district asserts they are entitled to but could not identify either mandamus or prohibition to create a subject-matter jurisdiction. Affirmed.e
Court: Vermont Supreme Court, Judge: Carroll, Filed On: December 8, 2023, Case #: 23-AP-058, Categories: civil Rights, Education, jurisdiction
J. Tijerina finds that the lower court properly granted the city's plea to the jurisdiction in this lawsuit brought by an individual who was allegedly arrested at a shopping mall. On appeal, the individual, who appears pro se, fails to challenge "the bases for the trial court's grant of the City's plea to the jurisdiction." Instead, he only challenges the dismissal under Rule 91a. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 30, 2023, Case #: 13-22-00152-CV, Categories: Civil Procedure, civil Rights, jurisdiction
J. Dick denies a request by the Louisiana Secretary of State to turn over jurisdiction of a voting rights redistricting case to a three-judge court, on the argument that federal law requires a tribunal for a constitutional or statutory challenge to the apportionment of a state legislative body. The law does not support the secretary’s argument and there is no decision in the Fifth Circuit that supports his “strained interpretation” of the law. The decision comes one day after a mixed ruling on proposed experts for both sides in a lawsuit challenging redistricting plans that allegedly dilute black voters’ voting strength in violation of the Voting Rights Act.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 9, 2023, Case #: 3:22cv178, NOS: Voting - Civil Rights, Categories: civil Rights, Constitution, jurisdiction