1,070 results for 'cat:"Government"'.
J. Boasberg grants summary judgment to the clergyman on the one remaining claim in his suit challenging limitations on demonstrations on the grounds of the U.S. Capitol. His proposed activities, protests on and around the steps on the eastern side of the Capitol building and the paved areas surrounding them, are protected speech under the First Amendment, and the proposed location and involvement of members of Congress do not render them "government speech." Furthermore, that classification would not exempt restrictions on that speech from First Amendment scrutiny. The steps, or at least the lower portion of those steps, have historically been and remain a public forum. Finally, the ban on speech on the steps is both over-inclusive, in that it includes activities that could not reasonably be considered to interfere with the security of the Capitol, and under-inclusive, in that they allow members of Congress to "invite an untold number of private individuals to join in expressive activities without undergoing any security vetting." They also provide no less-restrictive alternatives. A permanent injunction barring enforcement of these restrictions is entered.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: May 17, 2024, Case #: 1:21cv2314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, First Amendment
J. Garrett finds the ballot title prepared for Legislative Referral 403 (2024) (LR 403), which would amend ORS chapter 254 to require “ranked choice voting,” is inaccurate. The ballot title caption for a referred state measure must identify the subject matter of the measure. Referred to the Attorney General for modification.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 16, 2024, Case #: S070879, Categories: Elections, government
J. Kobayashi dismisses an environmental nonprofit’s challenge to the Navy over the contamination of Hawaii waters by its Red Hill fuel storage facility. The facility is in the process of being decommissioned and defueled, so this case may conflict with already existing administrative state and federal processes. However, the nonprofit may amend the complaint to specify their environmental claims for elements such as remediation that are not covered in the administrative processes. Elements that are covered will be stayed pending progression of the defueling.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 14, 2024, Case #: 1:22cv272, NOS: Environmental Matters - Other Suits, Categories: Environment, government, Jurisdiction
J. Vigil finds the energy regulation commission erroneously determined the New Mexico Efficient Use of Energy Act requires a partial revenue decoupling mechanism for energy providers. Only a full decoupling mechanism will allow providers to recoup losses and maintain a budget to provide service to ratepayers in the wake of renewable energy sources that drastically reduce usage. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 13, 2024, Case #: S-1-SC-39406, Categories: Energy, government
J. Oliver grants the federal government's motion for summary judgment, ruling the transaction history of the convenient store, including large, successive purchases made by a single household, is sufficient to support the government's conclusion of SNAP benefit trafficking, while the permanent ban sanction was not unreasonable because the store submitted no contrary evidence.
Court: USDC Connecticut, Judge: Oliver, Filed On: May 13, 2024, Case #: 3:21cv823, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, government, Sanctions
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J. Pitman denies property owners’ motion for a preliminary injunction barring enforcement of a short-term rental ordinance in Volente, Texas. The owners raised a variety of complaints with the ordinance, such as arguing that rules prohibiting outside activities past 10 p.m. violated freedom of assembly rights. The ordinance “abides by a well-trodden principle in property law: that ‘all property in this country is held under the implied obligation that the owner’s use of it shall not be injurious to the community.’”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 13, 2024, Case #: 1:23cv1246, NOS: Constitutionality of State Statutes - Other Suits, Categories: government, Property
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. Devine finds that the court of appeals improperly ruled in a wrongful death case filed by the family of a cyclist who was killed when a Houston police patrol car struck him as the officer was responding to a call. The officer's actions were done in the course of his duties and were done in good faith. Because the family failed to present evidence to refute those conclusions, the city is entitled to sovereign immunity and dismissal of the case. Revered.
Court: Texas Supreme Court, Judge: Devine, Filed On: May 10, 2024, Case #: 22-1074, Categories: government, Immunity, Wrongful Death
J. Pittman finds that the United States Chamber of Commerce is entitled to a preliminary injunction in suit against the Consumer Financial Protection Bureau over a rulemaking that would limit credit card payment late fees. The Fifth Circuit Court has already ruled that the bureau’s action was unconstitutional after a series of court transfers and rulings segmented this portion of the case under the jurisdiction of USDC Northern Texas’ Fort Worth division. In consideration of the Fifth Circuit ruling, there is sufficient likelihood that the chamber of commerce shall succeed, so the injunction is granted, and the Consumer Financial Protection Bureau’s regulation amendment is stayed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: May 10, 2024, Case #: 4:24cv213, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, government, Consumer Law
J. Moore affirms the court of appeals' findings that the Emergency Management Act does not unconstitutionally delegate legislative authority to the Governor and that the Governor did not exceed his authority in declaring a peacetime emergency during the Covid-19 pandemic. The Act is not an
unconstitutional delegation of legislative authority. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 10, 2024, Case #: A21-0626, Categories: Constitution, government
J. Andrews finds a lower court properly dismissed a local resident's objections to a proposed development. The local resident argued that the housing and community authority forged development plans for a crematorium and ceremony hall in a Green Belt, which violates the Town and Country Planning Act of 1990 based on its location in a flood risk zone. However, the planning committee sufficiently showed court that it followed a site- specific flood risk assessment drawn up by a structural engineer company, which determined that the land is not a flood risk.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: May 10, 2024, Case #: CA-2023-388, Categories: Construction, Environment, government
Per curiam, the Vermont Supreme Court finds the trial court erred in granting summary judgment to the state based on the 1812 survey in this appeal brought by a group of citizens involving a dispute concerning the width of a portion of U.S. Route 2 in Richmond, Vermont. The court relied on a survey conducted by the state transportation agency indicating the right of way was four rods wide, the citizens challenge the reliability of that survey and clerical errors. Therefore, the trial court must resolve the question if one of the citizens were properly provided notice for the agency’s motion for summary judgment and correct a typographical clerical error in the decision. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-249, Categories: government, Transportation
[Consolidated.] J. Garcia reverses the district court's dismissal of due process claims filed by a former career appointee in the Senior Executive Service who was removed from her position. She was entitled to notice and an opportunity to be heard before she was removed. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-5150 , Categories: Employment, government, Due Process
J. Kitchens finds the 2001 public dedication of the subdivision's road as public roadways, as well as the county's refusal to levy taxes on the property and their continued use by members of the general public, renders the roads public and requires the county to pave and maintain them. Although the roads were not officially added to the registry, the minutes of the 2001 council meeting are an official document that effectuated transfer of the roadways to the care of the county. Affirmed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: May 9, 2024, Case #: 2022-CA-1227, Categories: government, Property, Transportation
J. Wooton reverses the lower court's order partially granting motions of two municipal police departments, their respective police chiefs and two officers to dismiss a motorist's amended complaint alleging the officers wrongfully arrested him for disorderly conduct, and later DUI, after he made remarks on how their vehicles were parked at an apartment complex while responding to a call for a vehicle break-in. The judge committed plain error by basing her immunity decisions on common law qualified immunity principles applicable only to the state of West Virginia or its employees and agents and not on the West Virginia Tort Claims Act applicable to political subdivisions and their employees. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: May 9, 2024, Case #: 22-428, Categories: government, Immunity, Police Misconduct
J. Harpool finds for the nonprofit in a suit challenging Missouri's administration of the Supplemental Nutrition Assistance Program, which has understaffed the program's call center leading to unacceptable wait times and thousands of calls that cannot be completed. In 2023, almost 60,000 applications were denied for failure to complete an interview. These denials were not based on the merits of the applications but the failure of the system to offer a reasonable opportunity to interview. The agency must file a report within 30 days detailing the changes it will make to SNAP benefits reasonably accessible, as well as file monthly reports on the number of applications denied due to the failure to conduct timely interviews.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: May 9, 2024, Case #: 2:22cv4026, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, government, Agency
J. Falk finds a lower court improperly dismissed a group of developers' motion for judicial review concerning a tax imposition by revenue and customs. The tax authority argued that it was entitled to impose Construction Industry Scheme regulations on the developers in order to halt employees from engaging in tax evasion. However, the developers sufficiently showed in court that there is no such requirement to obtain a credit against their own liabilities for the amount that they are obligated to pay to the tax authority. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Falk, Filed On: May 9, 2024, Case #: CA-2023-952, Categories: Construction, government, Tax
J. Christiansen Forster upholds the Utah Procurement Policy Board's conclusion that a bid for a five-year contract to provide drug and alcohol testing for the child and family services division was unresponsive. The Board was not unreasonable or incorrect, having adequately reviewed the record and considered the bidder's arguments. Substantial evidence that the bidder offered fewer collection sites and fewer qualified staff available to testify in court cases supported the rejection. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: May 9, 2024, Case #: 20220388-CA, Categories: government, Contract
J. Bibas finds the District Court properly ruled in residents’ favor after the borough passed a sign ordinance limiting some political signs based on their content. “Because parts of the ordinance are not narrowly tailored to further a compelling government interest, they are unconstitutional on their face."
Court: 3rd Circuit, Judge: Bibas, Filed On: May 9, 2024, Case #: 23-1746, Categories: Constitution, government
J. Jones finds that the trial court properly ruled in favor of the Texas State Board of Dental Examiners, granting its plea to the jurisdiction in a lawsuit brought by a dentist who challenged disciplinary actions taken against him. Officials enjoy a broad authority to interpret rules and statutes and the alleged violations do not merit waiving the board's immunity. Affirmed
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 03-22-00752-CV, Categories: Administrative Law, government, Immunity
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. Horton finds, in this interlocutory appeal, the trial court properly granted the river authority's motion for summary judgment. The utilities entities did not have the right to assert certain affirmative defenses to the authority's breach of contract claim for payment under longstanding contracts it used to secure repayment of its debt in return for the sale of outstanding bonds. Under statutes applying to the bonds, the legislature made the validity of a local government's contracts pledged to secure a debt obligation and approved through the process required by these statutes “incontestable in a court or other forum.” The incontestability statutes expressly foreclose the utilities' right to assert the affirmative defenses raised. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 9, 2024, Case #: 09-23-00167-CV, Categories: Debt Collection, government, Municipal Law
J. Russel finds the lower court improperly concluded that sovereign immunity barred the successor's claims. The Virginia Department of Transportation contracted a contractor for construction inspection and permitted them to bill VDOT for certain overhead costs, including the cost of rental vehicles. Because of the nature of the projects at issue, VDOT, in turn, could seek reimbursement from the federal government for the expenses it reimbursed so long as VDOT complied with Federal Acquisition Regulation provisions. The FAR clauses purportedly did not allow VDOT to receive reimbursement for expenses paid to the successor, an entity under its common control. The parties eventually mediated the claims and agreed upon a settlement agreement that the contractor felt it had no choice, given its economic situation, but to sign. It later received information previously withheld that led to the suit, filed in part to invalidate the settlement agreement. Sovereign immunity doesn’t apply to claims based on express contracts. Reversed.
Court: Virginia Supreme Court, Judge: Russel , Filed On: May 9, 2024, Case #: 230365, Categories: government, Immunity, Contract
J. Powers finds that the lower court properly held that a change in state executive law that established the commission on ethics and lobbying in government was unconstitutional. Former Gov. Andrew Cuomo brought the claim after the new ethics panel took up a probe initiated by its predecessor into his book on leading during the Covid-19 pandemic. However, alterations configured by the state legislature failed to observe the traditional separation of powers by usurping a governor's executive authority and making the new commission the enforcer of ethics laws instead. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: May 9, 2024, Case #: CV-23-1778, Categories: government
J. Blakey partially grants motions for summary judgment from both a collection of immigrant rights and civil rights advocacy groups, and the U.S. Immigration and Customs Enforcement agency. The advocacy groups seek documents from the agency related to its “Citizens Academy” programs via Freedom of Information Act requests. The agency styles as the Citizens Academies as community outreach programs but it has been slow to produce the information the advocacy groups seek, and some of the documents it has produced have redactions. The court finds the agency’s search for relevant records has been adequate in all but one regard, and orders both parties to prepare a sample of contested documents for in-camera review.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: May 8, 2024, Case #: 1:21cv2519, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, Immigration, Public Record
J. Means finds that county commissioners who established a regulation limiting electioneering on county property during elections have not violated a conservative group’s right to freedom of speech. The county property that is restricted by the regulation is not a traditional public forum and the county’s restrictions target electioneering activity broadly and are not designed to suppress a particular view. The conservative group’s request for a preliminary injunction is denied.
Court: USDC Northern District of Texas , Judge: Means, Filed On: May 7, 2024, Case #: 4:24cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, Injunction