12 results for 'judge:"Varlan"'.
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
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J. Varlan enters a consent decree in the government's action against the City of Chattanooga alleging discrimination under the Fair Housing Act and the Americans with Disabilities Act, after a nonprofit organization was allegedly unable to provide housing for certain individuals with disabilities due to the city's "special permit" requirement. The consent decree is meant to "effectuate a comprehensive settlement" of the government's claims in the matter and does not represent "an adverse finding" or judgment against the city.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: December 8, 2023, Case #: 1:23cv258, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Settlements, Housing
J. Varlan grants the state and federal defendants' motions to dismiss this pro se lawsuit alleging that they "failed to discontinue the use of electronic voting machines," which the individual plaintiffs contend are "easily able to be accessed." The plaintiffs seek injunctive relief to prevent the use of "any electronic voting equipment or method" in the state, along with a recount of the 2020 elections. However, they fail to establish a particularized injury, instead claiming it is "highly likely" that some machines were "connected to the Internet or transmitted data that manipulated votes." Accordingly, they lack standing, and the court lacks jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: August 3, 2023, Case #: 3:22cv370, NOS: Voting - Civil Rights, Categories: Civil Procedure, Elections, Jurisdiction
J. Varlan grants summary judgment to the U.S. government in this case concerning certain federal tax liens and "the proceeds from the sale of real property." The tax liens against the decedent "remain in force" and encumber the property at issue, despite its transfer to a construction company. Further, the argument that the lien was "conclusively extinguished" is unavailing, and the defendant construction company "did not obtain priority over plaintiff's interest in the Real Property."
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: June 29, 2023, Case #: 4:21cv51, NOS: Foreclosure - Real Property, Categories: Property, Tax, Foreclosure