18 results for 'judge:"McDonough"'.
J. McDonough grants the sheriff's department defendants' summary judgment motion in this lawsuit brought by a former probation officer asserting claims of malicious prosecution and false arrest, in connection with her alleged arrest on charges of "official misconduct." The charges were dismissed against the former probation officer, but she fails to show that certain incident reports were false or that the defendants "intentionally or recklessly falsified the reports."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: April 24, 2024, Case #: 4:22cv44, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. McDonough grants the state defendant's motion for summary judgment in this disability discrimination lawsuit brought by a former employee asserting claims under the Rehabilitation Act for failure to engage in the interactive process and failure to provide a reasonable accommodation. The termination letter "cited job abandonment as the cause," and the record shows that the employee failed to provide the employer with a credible return-to-work date, after she allegedly suffered an injury that caused her to miss work for an extended period. The court concludes that she does not establish "a prima facie case of failure to accommodate."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: April 24, 2024, Case #: 1:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
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J. McDonough grants the city defendants' summary judgment motion in this case alleging malicious prosecution and due process violations in connection with an individual's arrest. The photographic lineup assembled by a detective, even if "unnecessarily suggestive," was not used at trial. The court also intends to grant summary judgment to the remaining defendant, who allegedly selected the plaintiff's picture from the photographic lineup.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: January 29, 2024, Case #: 1:22cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. McDonough denies the former employees' motion for class certification in this putative class action asserting claims under Title VII and the Religious Freedom Restoration Act. The court previously dismissed their claim under the RFRA. The employees' remaining claim alleges a failure to accommodate their religious beliefs in connection with a vaccine mandate. However, they fail to show that "the class is so numerous that joinder of all members is impracticable."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: November 6, 2023, Case #: 3:22cv426, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Class Action
J. McDonough grants the city defendants' joint motion to dismiss this action brought by a citizen asserting claims under the First Amendment and for state law defamation, in connection with an alleged news report that the city had cancelled its annual fireworks show due to the citizen's pending lawsuit against it. The court concludes that the alleged statements by the interim city manager to local media were not defamatory, but instead were "an innocuous explanation to the public" for why the city would not be hosting the July 4th fireworks display.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: October 18, 2023, Case #: 3:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. McDonough denies the plaintiff horse trainer's motion for a preliminary injunction in this case concerning the enforcement of the Horse Protection Act, after the U.S. Department of Agriculture allegedly filed two administrative complaints against him. The horse trainer contends that the USDA's administrative proceedings are unconstitutional, but he fails to establish a likelihood of success on the merits. Additionally, he has not shown that he will suffer irreparable harm.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: September 13, 2023, Case #: 4:23cv24, NOS: Constitutionality of State Statutes - Other Suits, Categories: Administrative Law, Agriculture, Animal Cruelty
J. McDonough grants the sports bar defendants' motion for reconsideration and partially grants their motion for sanctions, which seeks the exclusion of certain documents for the "alleged failure to timely disclose this evidence." The court also grants partial summary judgment in favor of the promoter, as to the issue of liability for copyright infringement in this dispute involving the broadcast of a boxing match.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: July 25, 2023, Case #: 3:20cv382, NOS: Cable/Sat TV - Other Suits, Categories: Copyright, Evidence, Sanctions
J. McDonough grants summary judgment in favor of the city and the school resource officer, who allegedly used force to detain a middle-school student. The incident allegedly resulted in a cut on the student's chin, but the officer's actions were reasonable, as the student failed to follow his commands and pulled away when the officer attempted to grab his backpack.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: June 1, 2023, Case #: 3:22cv139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. McDonough partially grants the defendant insurance company's motion to dismiss the amended complaint in this lawsuit involving an allegedly stolen truck, which was damaged when it was eventually recovered. All of the truck owner's claims should be dismissed, except for her breach of contract claim. Additionally, her contract claim is not barred by the contractual limitations period, as the insurance company argues.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: May 24, 2023, Case #: 3:22cv443, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. McDonough assesses damages against the Sublime defendants in this lawsuit alleging negligent installation in connection with a water heater and related plumbing. The court previously granted default judgment against them and now finds that an evidentiary hearing is not needed, "given plaintiffs' submission of hundreds of pages of medical records, expert affidavits, and other pertinent documentation."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: May 16, 2023, Case #: 3:21cv311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Damages, Negligence