249 results for 'cat:"Civil Rights" AND cat:"Constitution"'.
J. Flanagan partially denies a police officer and municipality their motion to dismiss allegations of Fourth Amendment violations brought by a resident whom the officer grabbed in an attempt to pull her out of her home. The officer, standing just outside the threshold of the resident’s front door, repeatedly ordered her to step outside, twice grabbing her arm in an attempt to pull her outside although he had no warrant. His argument of suspicion is also insufficient, and, thus, he cannot use official immunity as a defense and neither can the city as his employer.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv207, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct
Per curiam, the Northern District of Florida grants judgment to the Secretary of State in a suit alleging that congressional districting maps in North Florida intentionally dilute the votes of voters of color. At a bench trial, the voting-rights groups failed to prove that the Legislature ratified racial animus, whether it existed or not in the map's creation by the Governor, by failing to preserve a majority-Black district in North Florida.
Court: USDC Northern District of Florida, Judge: Per curiam, Filed On: March 27, 2024, Case #: 4:22cv109, NOS: State Reapportionment - Other Suits, Categories: civil Rights, constitution, Elections
J. Peterson partially grants the U.S. Coast Guard and Coast Guard officials' motion to dismiss a pro se lawsuit from a former member of the Coast Guard Auxiliary claiming he was removed from his position after refusing orders to remove posts he made on social media. The former Auxiliary member can proceed with his claim against the Coast Guard under the Administrative Procedures Act, but all his other claims, including those stating violations of due process and the First Amendment, are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 27, 2024, Case #: 3:23cv170, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Government
J. Flanagan grants in part a municipality’s motion for summary judgment following allegations of constitutional rights violations brought by a former owner of a group home for at-risk youth. The owner had previously been charged with a felony sex offense against a minor, but the charges were voluntarily dismissed and his record expunged. However, a warrant for his arrest remained in one county’s system, and when he applied for a concealed handgun permit 15 years later, he was falsely arrested. The owner argues that the county should have implemented a policy to prevent this, but just because he disagrees with the policy does not throw the policy into question.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:21cv388, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
J. Reidinger grants a group of advocates of homeless people their motion for preliminary injunction after the City of Asheville and some of its police officers banned the advocates from city parks and imposed other punishments. The advocates have been helping homeless people get access to food and other necessities and protesting public policy on their behalf. In response, the city and officers have banned the advocates and charged them with felony littering, which could lead to imprisonment if the advocates visited a park. The felony charges have affected some advocates’ ability to be hired. They were also not given a hearing before the charges were filed. The advocates sufficiently demonstrate likelihood of success on the merits, that their right to due process has been violated, and that it is in the public interest that a preliminary injunction be granted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:23cv103, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Injunction
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J. Doughty denies a request by a parish governing body to dismiss claims of vicarious liability for deliberate indifference to the medical needs of a pre-trial detainee, a former California resident who was moving cross-country in a U-Haul truck with a hired helper when the two men were arrested and jailed on narcotics allegations that were later dismissed. After a jail nurse recorded a high blood pressure rate requiring hospitalization, the litigant requested medical attention; however, he was allegedly strip-searched and placed in a holding cell for hours and ignored. The day of his release from jail, he allegedly collapsed in a hotel hallway from a stroke.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: March 25, 2024, Case #: 1:23cv899, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct
J. Brooks partly grants an online business trade association's motion to limit discovery in a suit against the state on a law, paused in its enforcement, that would require social media companies to verify the age of account holders to protect minors. Limited discovery will be allowed since "extensive discovery is excessive and unnecessary."
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: March 24, 2024, Case #: 5:23cv5105, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, constitution, Discovery
J. Gibney denies the state officials' motion to dismiss a count asking the court to use its equitable powers to enjoin the officials from enforcing a felony voter disenfranchisement provision that violates the Virginia Readmission Act. When Virginia sought to rejoin the Union in 1870, congress created an act that said that Virginia could never alter its constitution to disenfranchise citizens who could vote under Virginia's then-controlling constitution. The Act came with the exception that Virginia could amend its constitution to disenfranchise those convicted of crimes that, in 1870, were common law felonies, including murder, rape, and arson. Two former felons convicted of felonies not included as common law felonies properly alleged that Virginia is engaging in an ongoing violation of federal law.
Court: USDC Eastern District of Virginia, Judge: Gibney, Filed On: March 18, 2024, Case #: 3:23cv48, NOS: Voting - Civil Rights, Categories: civil Rights, constitution, Elections
J. Gustafson finds that the attorney general erroneously disqualified as legally insufficient a proposed ballot initiative that would amend the state constitution to create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. The initiative meets the constitutional separate vote requirement since it does not make two or more substantive and unrelated changes to the constitution. Also, the attorney general lacked statutory authority to append a fiscal statement to the proposed initiative, as the state budget director had already determined it would have no impact on state finances. And the attorney general shall review and prepare ballot statements in compliance with statute.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 18, 2024, Case #: OP 24-0052, Categories: civil Rights, constitution, Elections
J. Conley partially grants motions for summary judgment in the citizen's lawsuit against the police officers claiming unlawful search and seizure, illegal use of force, racial discrimination and other charges in connection with a traffic stop in which the citizen, who is Black and was on probation at the time, was pulled over after leaving a hotel known for illegal drug activity and had his car and hotel room searched, leading to drug and weapon possession charges against him. In part because genuine disputes of fact exist regarding whether the officer who originally pulled the citizen over had reasonable suspicion he had done anything illegal, that officer's motion for summary judgment is denied. Three other officers are granted summary judgment because they are entitled to qualified immunity, and two more officers are also awarded summary judgment because they were not involved enough in the citizen's claims.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: March 15, 2024, Case #: 3:21cv65, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct
J. Pepper grants the citizen's amended motion to proceed without prepaying the filing fee in her pro se lawsuit the city, police officers and others related to her 2016 arrest and prosecution for robbery, which ultimately ended with her acquittal in 2018. The citizen is permitted to continue with her claims of false arrest and false imprisonment against one of the police officers, but the remaining defendants are dismissed from the case.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 12, 2024, Case #: 2:19cv1070, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
J. Massa finds that the trial court should have removed a senatorial candidate from the ballot because he failed to demonstrate that he was unfairly or unconstitutionally required to vote in consecutive republican primaries before running for office in that particular party, as he had not received differential treatment from other candidates. Reversed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 6, 2024, Case #: 23S-PL-371, Categories: civil Rights, constitution, Elections
J. Pittman grants an injunction to white small business owners who challenge the constitutionality of the Minority Business Development Agency’s denial of benefits based on their skin color. The agency's limitation on its services, which it provides to only certain races, violates equal protection guarantees.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: March 5, 2024, Case #: 4:23cv278, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Business Practices
J. Luckert finds a lower court improperly used statements submitted by a minor child in a police interview in court. A police officer argued that he did not use coercive tactics to gain information from the 16-year-old, who was accused of molesting his younger step-sister. However, the state presented sufficient evidence in court that the police interrogation violated due process based on the child's involuntary statements. Reversed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: March 4, 2024, Case #: 124676, Categories: civil Rights, constitution
J. Gibney grants the deputy's motion for judgment on unlawful arrest and illegal detention claims. Two brothers walked on a road near a courthouse when a police officer noticed them and approached them. The brothers, who were recording video at the time, told the officer that they were within their rights to be on the road filming and even went as far as telling the cop that as long as he did not violated their rights they would not hurt them. The officer had probable cause to arrest the pair because walking on the roadway is illegal.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 4, 2024, Case #: 3:21cv575, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct
J. Shah partially grants the Cook County sheriff’s motion to dismiss civil rights claims brought by a man who is a former county arrestee. Deputies arrested the man while he was on pre-trial release in another case, without a warrant or court order, after they decided he had strayed from his court-ordered electric monitoring area. He ended up serving two years in jail, and now brings charges against the sheriff’s office for Fourth and 14th Amendment violations. The court finds he has not sufficiently alleged his 14th Amendment claims, but his Fourth Amendment claims against unlawful seizure stand.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: March 1, 2024, Case #: 1:23cv1782, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct
J. Griesbach partially grants the city and the city's mayor's motion to dismiss a lawsuit from the Wisconsin State Senate, a state senator and former city councilman alleging the mayor ordered the installation of secret audio recording devices in certain places at city hall in violation of the Fourth Amendment of the U.S. Constitution, the Wisconsin Constitution, and state surveillance and privacy laws. The Wisconsin State Senate is dismissed as a party for lack of standing, and parts of the individuals' claims under Wisconsin's Electronic Surveillance Control Law and Right to Privacy Law and claims seeking damages for Fourth Amendment violations will move forward, but other claims, including all seeking declaratory relief, are dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: February 27, 2024, Case #: 1:23cv1175, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
J. Stewart finds the district court properly entered summary judgment in favor of the police officers. Armed protesters opposed to a city ordinance preventing unauthorized firearm carry were arrested after aggressively refusing to comply with officers' lawful orders. Though a Taser was used, causing one of the subjects to fall and hit his head, the officers are entitled to qualified immunity. The protesters have pointed to no clearly established law showing excessive force was used. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: February 26, 2024, Case #: 22-50915, Categories: civil Rights, constitution, Police Misconduct
J. Coggins partially grants the law enforcement agency's motion for summary judgment in the drivers' suit arguing that traffic citations issued to them improperly deprived them of their right to trial by jury. The drivers have not established that the citation system deprives them of that right, since the printed language of the citations unambiguously informs the recipients that they are entitled to a jury trial regardless of any statements by officials. The constitutional claim is therefore dismissed, and a remaining claim for unjust enrichment is remanded to a state court.
Court: USDC South Carolina Aiken, Judge: Coggins, Filed On: February 22, 2024, Case #: 7:21cv2799, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, constitution, Vehicle
J. Xinis grants the former business partners, the state attorney office, investigators and prosecutors’ motion to dismiss this criminal investigation and prosecution of a Persian man. The man claims common law and constitutional torts were violated when he was investigated and prosecuted for criminal theft. He failed to show or cure any pleading defects in his complaint. Therefore, all claims are dismissed and his motion for leave is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: February 20, 2024, Case #: 8:23cv1357, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, constitution, Tort
J. Pulliam dismisses most claims in a lawsuit brought by a citizen against San Antonio and several police officers after the citizen was shot multiple times with sponge rounds during George Floyd protests in 2020. While the citizen’s claims overall do not survive qualified immunity, and he has “abandoned” some of them by failing to brief them, he can bring excessive force claims against the officer who shot him twice. Video footage of the scene “does not unambiguously support” the officer’s explanation for why he fired a second time, and the San Antonio Complaint and
Administrative Review Board found the citizen’s allegations about the second shot are “justified.”
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: February 20, 2024, Case #: 5:21cv837, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct