28 results for 'court:"USDC North Dakota "'.
J. Traynor grants a motion to dismiss a matter stemming from the Dakota Access pipeline protests in which officers used anti-riot and less-than-lethal munitions to disperse a crowd. An individual claims she was struck in the arm by an aerial signaling/warning munition and was later treated at the Hennepin County Medical Center and "incredibly avoided amputation." The court held that the officers are afforded immunity from
her state law claims under North Dakota law.
Court: USDC North Dakota , Judge: Traynor, Filed On: April 3, 2024, Case #: 1:18cv236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
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J. Hovland denies an individual's motion for summary judgment in a matter involving an individual who "takes issue" with additional income tax, interest and penalties assessed against them by the Internal Revenue Service for tax years dating back to 2006. The court wrote that was its interpretation of the complaint which they wrote was "less than clear." The United States argued that the individual���s complaint must be dismissed because the complaint failed to state a claim upon which relief may be granted. The complaint does not contain sufficient factual allegations to support a plausible claim.
Court: USDC North Dakota , Judge: Hovland, Filed On: March 29, 2024, Case #: 1:22cv153, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Tax
J. Traynor finds that property owners have met their burden of establishing the need for a preliminary injunction requiring the county and its agents to refrain from entering the property in a matter involving the construction of a bridge over the Little Missouri River. The county is enjoined from entering onto the disputed property during the pendency of this matter.
Court: USDC North Dakota , Judge: Traynor, Filed On: March 6, 2024, Case #: 1:23cv143, NOS: Other Contract - Contract, Categories: Environment, Property
J. Traynor grants a motion to dismiss from several North Dakota Counties and law enforcement in a matter stemming from the Dakota Access Pipeline protests in which the reporter alleges that officers used excessive force to detain her. The panel held that it was objectively reasonable for the arresting officers to believe they had authority to arrest the reporter for physical obstruction of a government function.
Court: USDC North Dakota , Judge: Traynor, Filed On: March 1, 2024, Case #: 1:22cv211, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Traynor grants the State Election Director of North Dakota's motion for dismissal after the county auditor speculated that North Dakota���s process violates federal election law concerning the post-marked date of absentee ballots and alleged that the North Dakota system is at odds with the Constitution. The county auditor's position simply requires the auditor to to perform his duties as a North Dakota election official to the best of his ability. The auditor's risk of criminal prosecution is speculative and does not constitute an injury in fact.
Court: USDC North Dakota , Judge: Traynor, Filed On: February 2, 2024, Case #: 1:23cv123, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Elections
J. Hochhalter grants an insurance company's motion for summary judgment in a matter involving a check fraud scheme perpetrated against a law firm. The firm's professional liability policy contained an exclusion for conversion, misappropriation, or wrongful disbursement of trust account funds.
Court: USDC North Dakota , Judge: Hochhalter, Filed On: January 30, 2024, Case #: 1:21cv212, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Welte grants SkyWest Airlines' motion for summary judgment in a matter in which a deaf individual who sought employment claimed that SkyWest did not provide training materials with closed captioning to be compliant with the Americans with Disabilities Act. Sufficient evidence showed that once the employee made a request for closed captioning, SkyWest started working with him to gather additional medical information to assess whether he could safely perform the position's functions. SkyWest later terminated his position, giving rise to the claim, but there existed a "legitimate, nondiscriminatory reason to terminate his employment because he posed a direct threat to the safety of himself and others."
Court: USDC North Dakota , Judge: Welte, Filed On: January 26, 2024, Case #: 3:22cv45, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Traynor grants a United States motion for summary judgment regarding an officer's use of taser in a civil rights and excessive force action. An individual was out turkey hunting when he discharged his shotgun in a gas station parking lot. He then left the scene and disposed of the shotgun by throwing it out of a vehicle into a ditch. While being confronted by police, the individual ignored repeated commands to keep his hands visible to officers and placed them in his hoodie pockets. After continued non-compliance, the officer discharged a taser. The officer reasonably believed that the individual was armed and could possibly be carrying a gun.
Court: USDC North Dakota , Judge: Traynor, Filed On: January 25, 2024, Case #: 1:19cv213, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Welte orders a new joint North Dakota legislative district be drafted for the Turtle Mountain Band of Chippewa Indians and Spirit Lake Tribe which claimed a prior 2021 redistricting plan violated the Voting Rights Act and diluted the tribes��� voting strength. The court previously gave the North Dakota Secretary of State until 22nd of December, 2023 to remedy the violation, but the Secretary did not propose a district correction.
Court: USDC North Dakota , Judge: Welte, Filed On: January 8, 2024, Case #: 3:22cv22, NOS: Voting - Civil Rights, Categories: Elections, Native Americans
J. Traynor grants in part North Dakota's motion for partial summary judgment from a dispute involving the Dakota Access pipeline protests. North Dakota sought damages incurred from the emergency response costs related to protest activity after the Army Corps of Engineers began discussions for a special use permit to lawfully permit protestors to be on Corps��� land. North Dakota's motion is granted, as undisputed evidence shows the Corps failed to follow its mandatory permitting procedures. However, a question of duty of care exists which will be answered at trial in further proceedings. The United States' motion to certify a question to the North Dakota Supreme Court is denied.
Court: USDC North Dakota , Judge: Traynor, Filed On: December 13, 2023, Case #: 1:19cv150, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Native Americans, Damages
J. Traynor finds that North Dakota officials, including Governor Burgum and the Morton County Sheriff are entitled to qualified immunity as it relates to First Amendment claims brought by a class of protestors. Count 1 of the amended complaint alleges viewpoint discrimination and prior restraint and is dismissed with prejudice. The matter involves a skirmish between protestors and law enforcement officials in October of 2016 during the Dakota Access Pipeline protest. The protestors have not directed the court to any clearly established law that constitutionally prohibits officials from closing a highway following a skirmish between protestors and law enforcement.
Court: USDC North Dakota , Judge: Traynor, Filed On: November 6, 2023, Case #: 1:18cv212, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
Per curiam, the USDC of Western North Dakota denies voters' motion for summary judgment and oral argument in a matter in which they allege the subdivision of two North Dakota legislative districts are unconstitutional racial gerrymanders. The two voters are North Dakota residents and voters in districts 4 and 9. The two voters claim that the subdistricts drawn in districts 4 and 9 as a part of the state���s 2021 redistricting plan violate the Equal Protection Clause of the Fourteenth Amendment. The state had strong evidence to believe that the creation of subdistricts were required by the Voting Rights Act of 1965.
Court: USDC North Dakota , Judge: Per curiam, Filed On: November 2, 2023, Case #: 1:22cv31, NOS: Constitutionality of State Statutes - Other Suits, Categories: Elections, Native Americans
J. Hovland grants an insurance company's motion for summary judgment in a matter in which a hailstorm damaged property and the insurance company subsequently issued policy coverage for the damage. The property management company put the actual cash value payment in escrow and to date the funds have not been used for any repairs. The company claims that the insurance company breached its contract by paying actual cash value rather than replacement cost for the damages the hailstorm caused to the buildings. The management company is not entitled to replacement cost at this stage because they did not complete any required repairs to the buildings for which replacement costs could be issued.
Court: USDC North Dakota , Judge: Hovland, Filed On: October 3, 2023, Case #: 1:21cv165, NOS: Insurance - Contract, Categories: Insurance, Property
J. Hovland grants an insurance company's bad faith claim in an insurance matter in which property was damaged by a storm. The insured is generally entitled under the policy to an immediate payment representing the actual cash value of the loss, which was done in this matter.
Court: USDC North Dakota , Judge: Hovland, Filed On: September 28, 2023, Case #: 1:21cv165, NOS: Insurance - Contract, Categories: Insurance
J. Traynor grants the Attorney General of North Dakota's motion for summary judgment in a matter in which a disgruntled man, who was frustrated he was not permitted to make every single point he wanted to the Valley City Commission, alleged the City violated his First Amendment rights to speak at City Commission meetings. The undisputed facts show the City and its employees acted "reasonably and gracefully" in the face of the man's repeated rudeness and unjustified requests of the City Commission.
Court: USDC North Dakota , Judge: Traynor, Filed On: September 15, 2023, Case #: 1:20cv231, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment