2,825 results for 'cat:"Civil Rights"'.
J. Gonzalez grants judgment in favor of New York City on all but one claim asserted in a citizen’s civil rights lawsuit stemming from weapons charges issued at a traffic stop. The court preserves his claim for denial of a fair trail against one of the arresting officers, finding he provides enough detail to establish a genuine dispute of fact as to whether or not the officer provided false information to prosecutors regarding where he found the firearm and whether or not the citizen claimed at the time that the firearm was his.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 14, 2024, Case #: 1:21cv2280, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Police Misconduct
Per curiam, the Ninth Circuit denies a petition for a rehearing en banc before the full court after the district court properly denied a preliminary injunction to a nonprofit challenging a land exchange that would allow copper mining to begin on land that Apache Native Americans consider sacred. The opinion, originally filed on March 1, 2024, has been amended and no further petitions will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 14, 2024, Case #: 21-15295, Categories: civil Rights, Property, Native Americans
J. Winmill denies individuals' motion for partial summary judgment on their negligence claim that a fire was started by negligently stored wood-staining rags in a building in which the individuals stored their car and other personal possessions, which were damaged. The fire department determined that the rags were the "most likely cause" of the fire, but listed the "cause of ignition" as "under investigation" and noted that their investigation of the building's electrical components was "inconclusive findings for cause." The cause of the fire is material and genuinely disputed
Court: USDC Idaho, Judge: Winmill, Filed On: May 13, 2024, Case #: 2:23cv441, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: civil Rights, Property, Negligence
J. Cooper partially dismisses the arrestee's suit alleging that his arrest was unlawful. Negligence claims may proceed, since the arrestee has adequately alleged that the arresting officers failed to take basic steps to determine that he was in fact the man they were looking for, but there remains room for the officers to dispute the existence of a "negligent investigation" tort.
Court: USDC District of Columbia, Judge: Cooper, Filed On: May 13, 2024, Case #: 1:23cv922, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Tort
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J. Royal grants the individual's motion to proceed in forma pauperis in a civil rights and declaratory relief action against the university arising from a trespass order barring him from the campus. The individual, a Black man, claimed he was unfairly banned due to his race after his request to use the computers at the campus library was denied due to Covid-19 restrictions. The individual showed he cannot pay court fees due to poverty and sufficiently stated claims for due process violations and First Amendment retaliation. The individual failed to properly state a claim based on the police department's display of a "thin blue line" flag. The individual is ordered to submit a recast complaint within 21 days.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: May 13, 2024, Case #: 5:24cv94, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights
J. Dever dismisses with prejudice a couple’s race discrimination allegations against their credit union after a check for over $12,000 bounced when their wedding venue tried to cash it. The couple claims the money was in the account, but that an employee marked the check as insufficient funds because the couple is Black. However, the couple produces no evidence beyond speculation, and their claim fails.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 13, 2024, Case #: 4:23cv141, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Banking / Lending
J. Wilson finds that the district court properly granted a permanent injunction in the transgender employee's favor in a civil rights action against the county and sheriff arising after her request for insurance coverage for gender-affirming care in the form of a vaginoplasty was denied. The district court correctly found in favor of the employee on her Title VII claim and enjoined the sheriff and county from enforcing the policy's exclusion of drugs for a "sex change surgery" or services and supplies for a "sex change." The exclusion is a "blanket denial" of coverage which discriminated against the employee and other transgender people by denying healthcare coverage on the basis of transgender status. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: May 13, 2024, Case #: 22-13626, Categories: civil Rights, Lgbtq
J. Jones finds the district court properly declined to vacate the bankruptcy court's judgment removing certain members of the official committee of unsecured creditors. The members were appointed as part of the archdiocese's bankruptcy proceedings, which had been initiated in response to sexual abuse lawsuits. Certain members were removed for disclosing sensitive information about the case, including the names of priests. Any lack of proper notice does not violate a protected interest when there is no underlying right to remain on the committee. The members' rights as creditors in the case have not been impaired by their removal. They were not sanctioned and also lack standing to appeal from the bankruptcy court to the district court. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: May 13, 2024, Case #: 22-30539, Categories: Bankruptcy, civil Rights, Tort
J. DuBose denies a group of residents’ motion for a preliminary injunction in the civil rights lawsuit against the town council members. The residents allege the town has been operating a “hand-me-down governance” system at least since the mid-1960s, where no regular municipal election for the mayor or council have been held. The council members held a secret meeting where they reappointed themselves in order to prevent the residents from electing a majority Black council. The residents are likely to succeed on the merits of their constitutional claim, which would satisfy the first prerequisite for the preliminary injunctive relief, but at this point of proceedings they have failed to show they will suffer an irreparable harm. The court scheduled a bench trial to further address the case.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: May 10, 2024, Case #: 2:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Elections, Government
J. Rothstein remands the job applicant's complaint that the temp agency violated Washington law by not disclosing the wage scale or salary range of its job openings. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. Therefore, the applicant lacks Article III standing and the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1680, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, Jurisdiction
J. Pechman finds that a jury must determine whether the protesters' First Amendment rights were violated when they were arrested and booked in jail for writing political messages in sidewalk chalk and charcoal on the city's temporarily erected walls outside of the Seattle Police Department's East Precinct. "While this case does not implicate the city's ability to enforce its property destruction ordinance more generally, it touches on questions impacting the public civil discourse and free speech in Seattle."
Court: USDC Western District of Washington, Judge: Pechman, Filed On: May 10, 2024, Case #: 2:23cv17, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Municipal Law, First Amendment
J. Rothstein remands the job applicant's complaint alleging that the equipment company did not include the wage scale, salary range or general description of benefits for its job openings in violation of Washington state law. A job posting that does not provide compensation information is a technical violation, which by itself does not create concrete injury. Because the applicant lacks Article III standing, the court lacks subject matter jurisdiction and the case must be remanded to superior court.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:24cv175, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, Jurisdiction
J. Bolden grants the nursing home's motion to dismiss, ruling that because it is a private entity, not a state actor, the estate cannot bring Fourth and Fifth Amendment claims for the alleged theft of personal belongings while the decedent lived at its facility.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 10, 2024, Case #: 3:23cv599, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, civil Rights, Conversion
J. Self dismisses a civil rights and excessive force action brought by an individual against a police officer, assistant district attorney and jail healthcare provider. The individual claimed that the officer used excessive force when arresting him for stalking and that the healthcare provider failed to give him proper care for an infected lesion on his leg. The charges against the individual were later dropped. The individual failed to follow the court's rules, violated several court orders and repeatedly missed deadlines. The individual also failed to explain his non-compliance.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: May 10, 2024, Case #: 3:23cv105, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights
J. McCook partially grants the city defendant's motions to compel discovery in this class action arising from an alleged sex-trafficking venture. The named plaintiffs, who represent the victims of the alleged venture, are ordered to search their "additional source" for responsive documents under Category Three, which includes written communications or phone calls between the plaintiffs and an individual allegedly involved in the conspiracy.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: May 10, 2024, Case #: 2:23cv71, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Discovery, Class Action
J. Peterson finds that the trial court improperly ruled in favor of the couple in a declaratory judgment action claiming that the Cobb County Board of Commissioners unconstitutionally passed an amendment changing commission district boundaries enacted by the Georgia legislature in 2022. Although the couple are county residents and community stakeholders with standing to challenge the constitutionality of the amendment, their uncertainty about which district they reside in and their claim that they are represented by a commissioner they did not vote for are not enough to show uncertainty as to their future conduct and to warrant declaratory relief. Reversed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: May 9, 2024, Case #: S24A0599, Categories: civil Rights
J. Clarke dismisses the landlords' complaint that the county's code enforcement officer wrongfully accused the landlords of violating county code by not obtaining agricultural exemptions or structural permits for 20 greenhouse structures and not obtaining electrical permits for the same 20 greenhouses, leading to a citation for $40,000 fine. The landlords do not state a claim for wrongful use of civil proceedings because while they may have a valid defense for the legality of the structures that their tenant built on their property, they do not allege that the code enforcement officer did not have probable cause to issue the citation.
Court: USDC Oregon, Judge: Clarke, Filed On: May 9, 2024, Case #: 1:23cv1607, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Municipal Law, Due Process
J. Peterson grants summary judgment to the state elections commission, municipal clerks and Wisconsin Legislature in a lawsuit from four voters citing the Voting Rights Act and Civil Rights Act to challenge the state's requirement that a U.S. adult citizen witness and certify the casting of an absentee ballot. The voter's claims under the Acts fail, in part because they have not shown that federal law, state law or U.S. Supreme Court precedent prevent a state from exercising its authority over absentee-voting conduct with a witness requirement. The Legislature's motion to stay the lawsuit pending resolution of two related state-court lawsuits is denied, as orders and judgments in those cases will be unaffected by the order in the voters' case.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 9, 2024, Case #: 3:23cv672, NOS: Voting - Civil Rights, Categories: civil Rights, Elections
J. Volk grants the deputy state auditor's motion for summary judgment in the deceased woman's civil rights suit. She claimed that her due process rights were violated when the deputy auditor conveyed deeds to two parcels of her property to a man who bought them at sales for unpaid taxes without first conducting an exhaustive search of publicly available records of her current address when prior right-to-redeem notices were returned as unclaimed. The deputy auditor is entitled to qualified immunity since "he could not have been expected to forecast the duty here imposed, which appears nowhere in the statute governing his authority nor decisional law."
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: May 9, 2024, Case #: 1:21cv328, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, Property
J. Suddaby dismisses the Second Amendment Foundation, a gun rights advocacy group with over 720,000 members across the country, from a civil rights lawsuit that claims a housing authority violates their members’ right to bear arms by prohibiting tenants from possessing any firearms as a condition of their Section 8 housing benefits. The court rules the advocacy group lacks representational and associational standing to bring suit under a 50-year legal precedent.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: May 9, 2024, Case #: 5:23cv1540, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Housing, Firearms
J. Conner denies a medical center’s motion to dismiss an employee’s FMLA and ADA claims. The employee adequately alleged that she was forced to use continuous leave following an injury, rather than be provided light duty work, and that her employment and benefits were adversely affected after she exercised her FMLA rights.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: May 8, 2024, Case #: 1:23cv1696, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, Ada / Rehabilitation Act, Employment
J. Wyrick grants the government defendant’s motion for summary judgment in this lawsuit brought by a former air traffic controller trainee alleging discrimination on the basis of race under Title VII. The former trainee, who was dismissed from the training program along with another classmate “for failing to achieve a passing grade,” fails to establish a prima facie case of discrimination. She and the dismissed classmate sought reinstatement for “very different reasons,” meaning they were not similarly situated.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: May 8, 2024, Case #: 5:20cv1161, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, Employment Discrimination
J. Hudson grants partial judgment to the state prison system in a suit filed by blind inmates, claiming the correctional system does not properly accommodate their blindness. There is still a genuine dispute over whether the tablets provided to blind inmates are truly accessible instruments for the blind. The tablet has a talk-back feature, and many have a Braille keyboard. The state also showed that it provided alternative means for blind inmates to communicate with friends and family, including in-person and telephone visits.
Court: USDC Eastern District of Virginia, Judge: Hudson , Filed On: May 8, 2024, Case #: 3:23cv127, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, Prisoners' Rights
J. Aiken denies the families' motion to exclude expert Jim Dimas from its complaint that Governor of Oregon Tina Kotek and others run an underresourced foster care system that removes children from their parents' homes and does not provide stable housing for them. Dimas has over 40 years of experience working in, managing and directing human services agencies and his testimony includes what an effective remedy for this situation might look like.
Court: USDC Oregon, Judge: Aiken, Filed On: May 8, 2024, Case #: 6:19cv556, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Experts