2,816 results for 'cat:"Civil Rights"'.
Per curiam, the circuit finds that the district court properly dismissed Title IX claims stemming from Columbia University's investigation of a sexual assault reported against a coed by another student. The coed's "deliberate indifference" charge failed in light of university protocols for handling allegations of peer harassment, and while she may have advocated for different procedures, Title IX did not give her the right to make particular remedial demands. Meanwhile, the court did not abuse its discretion in denying her third attempt to amend and dismissing her claim with prejudice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-960-cv, Categories: Civil Procedure, civil Rights, Education
J. DeGiusti grants the defendant bank’s motion for summary judgment in this lawsuit stemming from the “purported denial of a loan application.” The purported loan applicant contends that the denial was based on race and that the bank violated the Equal Credit Opportunity Act. However, the record indicates that he never actually applied for the loan, but instead “merely engaged in inquiries.” Accordingly, the protections of the Act were not triggered. Additionally, he fails to show that he qualified for the loan.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: May 7, 2024, Case #: 5:20cv946, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, Banking / Lending
J. Sands partially grants the police sergeant's and deputy's motion to dismiss a civil rights and negligence action brought by the individual after he was told he would be arrested for trespassing if he continued holding a sign outside the Georgia Department of Economic Development reading "God Bless Homeless Veterans." The individual improperly used sheriff's deputies from the same sheriff's office as the sergeant and deputy to serve them. The individual is ordered to timely serve the officers within 21 days.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: May 7, 2024, Case #: 7:23cv120, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights
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J. Morrison orders the former attorney, Andrew Plasse, in an excessive force lawsuit against New York City to transfer his client’s case file to the new counsel, Michael Walker, finding the Plasse is not entitled to either a retaining or charging lien after concluding he was discharged from the case with cause. Plasse was sanctioned by the court for failing to act in his client’s best interest, including withholding pertinent details of a proposed settlement agreement and by lying to the court about his client’s health in order to adjourn a scheduled conference.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: May 6, 2024, Case #: 1:14cv680, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Sanctions, Attorney Discipline
J. Easterbrook finds that the lower court properly ordered Wisconsin to release defendant on bail unless it retries him on murder charges within two months. Defendant's attorney abandoned him in 1996 when he sought post-conviction relief, and the transcript of his trial was destroyed after 10 years. The Wisconsin Supreme Court held that holding a new trial in the absence of a transcript is appropriate only if defendant first makes a valid claim of prejudicial error, ignoring the fact that defendant trusted his attorney to get a the necessary transcript and effectively denying him an appeal for 28 years. "Wisconsin's treatment of Pope is a travesty of justice." Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 6, 2024, Case #: 23-2894, Categories: civil Rights, Habeas
J. Stras finds a lower court properly dismissed a prison guard's motion for qualified immunity for excessive force against an inmate. The prison guard, who serves in the A-Team group at the maximum security facility, argued that he was obligated to strike the prisoner in his leg and face for failing to comply during transfer. However, the inmate presented sufficient evidence in court that the prison guard violated his Eighth Amendment rights by accosting him while he was completely restrained. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: May 6, 2024, Case #: 23-1869, Categories: civil Rights, Constitution, Immunity
J. Kobayashi dismisses a complaint that accuses the state of providing pornography to minors through its public library system, finding that the woman’s claims that children have been sexually abused at state libraries are not detailed or backed up by facts. Other claims she made also do not relate to each other or the library. Further, she does not have standing to bring claims on behalf of unnamed minor children as she does not assert any relationship with them.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 3, 2024, Case #: 1:24cv101, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government
J. Easterbrook finds that the lower court improperly found for the university on a male student's sex discrimination claims stemming from its investigation of sexual assault claims against him. The student never explained what remedy he seeks, and this suit is not a live claim unless compensatory damages are available for him. Further, it remains a question whether the student is entitled to proceed anonymously in this case, as the lower court must conduct a hearing on whether the revelation of the student's name will also identify his alleged victim. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 3, 2024, Case #: 22-2925, Categories: Civil Procedure, civil Rights, Education
J. Lee denies in part a police officer's motion for summary judgment on claims including excessive force filed by a mother who was tripped to the ground, allegedly for resisting arrest, when visiting the courthouse to pick up her son. The mother gave sufficient evidence of her injuries to support the excessive force claim.
Court: USDC Southern District of Mississippi , Judge: Lee, Filed On: May 3, 2024, Case #: 3:22cv439, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Due Process, Police Misconduct
J. Winmill denies in part a police officer and her husband's motion for summary judgment regarding an individual's claims of false arrest and defamation after he was arrested for misdemeanor second-degree stalking of the police officer, her husband, and their 12-year-old daughter. The couple alleged that the individual would park outside their home, beside their daughter's school bus, and that he tried to enter their home. After he was arrested, the husband posted the individual's mugshot on NextDoor. The county prosecutor eventually dismissed the charges against the individual. Undisputed facts show that the sheriff's department officer had probable cause to arrest the individual and that the police officer who claimed he was stalking her did not participate in the investigation or arrest. It is up to the jury to decide whether the husband acted negligently in posting the individual's information to NextDoor.
Court: USDC Idaho, Judge: Winmill, Filed On: May 3, 2024, Case #: 1:20cv186, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Defamation
J. Moulton finds that the lower court improperly dismissed a youth-led organization's claim that the state and city actors in charge of New York City's public school system have denied Black and Hispanic students students their constitutional right to a basic education. Although the facts supporting an implication of discriminatory intent are not fully developed, claimants deserve the benefit of the doubt that they could be able to establish the truth before a judge. The disparate impact on students is clearly severe and undisputed, and the lack of other facts is understandable at this time since discrimination is rarely admitted. Reversed.
Court: New York Appellate Divisions, Judge: Moulton, Filed On: May 3, 2024, Case #: 02369, Categories: civil Rights, Education
J. Oldham finds the district court properly denied qualified immunity for the Houston officers. The good Samaritan was arrested after effectuating a citizen's arrest after a drunk driver crashed. He was charged with felony impersonation of an officer and spent thousands of dollars defending himself before the city dropped the charges. The Samaritan's actions were in accordance with Texas law, and the only evidence he impersonated an officer was the drunk driver’s statement that he identified himself as police. The driver was highly intoxicated and gave other, wildly inconsistent statements, and no reasonable officer could have suspected a felony had occurred. A corrected warrant affidavit could not have established probable cause. Affirmed.
Court: 5th Circuit, Judge: Oldham , Filed On: May 3, 2024, Case #: 22-20621, Categories: civil Rights, Immunity, Police Misconduct
J. Immergut denies the county's motion to dismiss the false imprisonment claim in the resident's complaint alleging that the city's task force arrested him thinking he was someone else despite discrepancies like different birth dates. The county does not include any evidence to suggest that the officers reasonably believed that the resident was the person described in the warrant and that the belief was objectively reasonable.
Court: USDC Oregon, Judge: Immergut, Filed On: May 3, 2024, Case #: 3:22cv107, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Police Misconduct
J. Barrett denies the student's motion for a preliminary injunction, ruling the university provided him notice of the sexual assault allegations within a month of the victim's submission of her final report and did not rely on any absent witness testimony when it expelled him; therefore, no due process rights were violated during disciplinary proceedings and the student is not entitled to an injunction.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: May 2, 2024, Case #: 1:23cv284, NOS: Education - Civil Rights, Categories: civil Rights, Education, Due Process
J. Bennett grants the commission’s motion to dismiss this employment dispute brought by a former employee alleging wrongful termination and retaliation after she complained that an external speaker used the word “negro” during a presentation. She claims retaliation in violation of the Maryland Fair Employment Practices Act and Title VII, but fails to plausibly allege she was engaged in a protected activity or an adverse action. The court finds she cannot cure her defects by amending her complaint. Therefore, the clerk shall close this case and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Bennett, Filed On: May 1, 2024, Case #: 1:23cv2492, NOS: Employment - Civil Rights, Categories: civil Rights, Employment Retaliation
J. Singh grants a motion to file a third amended complaint in claims alleging police harassed plaintiff, a Black man who lives in Pennsylvania, whenever he drove into New Jersey, and claims contending police interrogated his mother, because details about additional police officers came to light during discovery, and the pleading would not be barred by any statute of limitations.
Court: USDC New Jersey, Judge: Singh, Filed On: May 1, 2024, Case #: 3:19cv21164, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, Discovery