189 results for 'cat:"Civil Procedure" AND cat:"Civil Rights"'.
J. Mazzant denies in part the motions of the school district's superintendent and former transportation director to dismiss the parents' second amended complaint alleging their two children were sexually abused by a bus driver who was later arrested and died following his attempted suicide in jail. The parents alleged sufficient facts to defeat the school officials' qualified immunity as to the Section 1983 bodily integrity claims, and their request for punitive damages stands based on the officials' alleged failure to intervene despite the "onboard bus surveillance videos and anomalous GPS data" indicating the abuse.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv814, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Tort
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J. Boyle grants the heirs to a man’s estate their motion to dismiss allegations of fraud brought by a claimant to the same estate. The claimant alleges that the other heirs lied to her and swindled her out of her rightful portion, making themselves millionaires. However, she does not present sufficient evidence of this and part of her claim goes back to 1992, so it’s time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 22, 2024, Case #: 5:23cv98, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, civil Rights, Fraud
J. Parker finds that the district court improperly found for a police officer on excessive force claims in a fatal shooting. On initial appeal, the verdict for the officer was vacated with remand instructions to hold a new trial; instead, a motion for summary judgment on qualified immunity was entertained and granted. Because the instructions were ignored, and questions of fact still remained, remand for a new trial is again warranted. Vacated in part.
Court: 2nd Circuit, Judge: Parker, Filed On: March 19, 2024, Case #: 22-969-cv, Categories: civil Procedure, Immunity, civil Rights
Per curiam, the court of appeals grants attorney Jeffrey B. Clark's petition for rehearing regarding the enforcement of a subpoena filed by the Office of Disciplinary Counsel's related to disciplinary charges accusing him of rule violations while serving as Assistant Attorney General in the U.S. Department of Justice. Enforcing the subpoena would violate Clark's Fifth Amendment right against self-incrimination.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-BG-0891 , Categories: civil Procedure, civil Rights, Attorney Discipline
J. Friedrich grants, in part, Black Lives Matter D.C.'s motion to amend to include Donald Trump and the U.S. government as defendants in its case pertaining to police officers’ use of force to clear Lafayette Square. The group has not acted in bad faith, did not intentionally delay the addition and the amendment is not prejudicial to the other parties.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 13, 2024, Case #: 1:20cv1469, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Friedrich grants, in part, Black Lives Matter's motion to amend its action against Trump pertaining to police officers’ use of force to clear Lafayette Square. The group has not acted in bad faith, nor has there been undue delay.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 13, 2024, Case #: 1:20cv1469, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Reiss dismisses claims contending police beat a 78-year-old man for stealing a police vehicle, which caused his death three weeks later, because state law claims were not timely served, and the action failed to indicate survivors suffered damage due to the man's death.
Court: USDC Western District of New York, Judge: Reiss, Filed On: March 11, 2024, Case #: 1:22cv186, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, civil Rights
J. Beetlestone grants in part a group of children’s motion for leave to amend their first amended complaint to reflect the broader proposed class that they seek to certify in this civil rights suit alleging Sesame Place characters refused to interact with the children because of their race. SeaWorld, the owner of Sesame Place, has not shown that it would be prejudiced if leave to amend were granted.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: March 8, 2024, Case #: 2:22cv2941, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Class Action
J. Burns denies a county's motion to bifurcate the family's Monell claims in a civil rights case over the death of an inmate. There is an overlap between the family's claims against the individual defendants for failure to train and the Monell claims against the county and the correctional group. The county has failed to show that having two separate trials would be more convenient, especially given the fact that the family would necessarily introduce the same evidence of past failures to train or supervise at both trials.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 5, 2024, Case #: 3:20cv2096, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Kenney denies in part Lancaster County, Pennsylvania’s motion for summary judgment on a vape shop’s allegations that its police officers conducted a warrantless search and seizure of certain hemp-derived products it sold in violation of the Fourth Amendment. The court cannot determine yet, based on the current facts provided, whether the county’s district attorney and police officers have absolute immunity in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: March 5, 2024, Case #: 5:23cv3000, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Immunity
Per curiam, the Iowa Supreme Court finds that the county and deputy sheriff were properly denied qualified immunity after the deputy shot and killed a man attempting to flee arrest because qualified immunity protections of Iowa Code 670.4A did not apply retroactively to the 2018 incident. Affirmed.
Court: Iowa Supreme Court, Judge: Per curiam, Filed On: March 1, 2024, Case #: 22-1194, Categories: civil Procedure, civil Rights, Immunity
J. Jordan partly grants the defendant company's post-trial motions in a suit brought by former employees alleging race discrimination and retaliation stemming from alleged disparate treatment that Black employees faced. The jury ruled in favor of all the former employees and awarded each of them $7 million in total damages. The company's motion for judgment as a matter of law is granted as to all of the former employees' race discrimination claims since the evidence was insufficient to support the jury's verdict. The verdict as to the company's liability and the employees' damages "is so contrary to the evidence as to evince bias and prejudice on the part of the jury... The damages awarded are patently nonsensical."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 1, 2024, Case #: 4:19cv905, NOS: Employment - Civil Rights, Categories: civil Procedure, civil Rights, Employment Discrimination
[Consolidated.] J. Reidinger dismisses, with prejudice, a Walmart customer’s claims including assault, false arrest and defamation after a man associated with Walmart moved for a mistrial predicated upon the customer’s misconduct during a jury trial. As the customer was found to have disobeyed the court in front of the jury, he was charged with paying jury costs and all his claims were dismissed.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 13, 2024, Case #: 1:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Jury
J. Russell grants the Federal Emergency Management Agency’s motion to dismiss this employment dispute brought by a former logistics management specialist alleging discrimination, failure to hire and unlawful termination due to her race, sex and autism disability. The specialist’s claims are untimely and unexhausted making dismissal appropriate. Therefore, she cannot exhaust administrative remedies her motion to amend pleading is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2355, NOS: Employment - Civil Rights, Categories: civil Procedure, civil Rights, Employment Discrimination
J. Fox finds that the lower court properly denied a state representative and a local organization's request to intervene in lawsuits challenging Wyoming's abortion restriction laws. The groups trying to intervene have not shown that they have any protectable interest in the underlying lawsuits, and allowing them into the dispute would only result in "undue delay and prejudice." Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: February 2, 2024, Case #: S-23-0196, Categories: civil Procedure, civil Rights
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. Donohue finds that the appeals court improperly dismissed a petition for review of the Pennsylvania Abortion Control Act filed by a group of seven abortion providers who had asked the court to determine that abortion is a right protected under the state constitution. The providers have standing to sue because provides Medicaid funding for childbirth but not for abortions, thus failing to maintain its obligated neutrality regarding reproductive autonomy. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: January 29, 2024, Case #: J-65-2022, Categories: civil Procedure, civil Rights, Constitution