99 results for 'court:"USDC Eastern District of Tennessee "'.
J. Collier grants the City of Chattanooga's motion for summary judgment in this lawsuit brought by a hospital patient who alleges that he was struck in the head by a city police officer. Following an investigation, the interim police chief concluded that the officer had not violated department policy. The patient now asserts claims for failure to train, failure to supervise and a custom of tolerance to rights violations. His federal claims will be dismissed, however, as he fails to show that the city was "deliberately indifferent to a known history of abuse."
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: February 1, 2024, Case #: 1:22cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
J. Collier partially grants the officer's summary judgment motion in this case arising from an altercation with a hospital patient, who was allegedly opposed to taking the medication that a doctor had ordered for him. The officer allegedly attempted to restrain the patient, who now asserts claims for excessive force, malicious harassment and common law assault and battery stemming from the incident. Summary judgment is granted to the officer on the patient's Section 1983 claim for excessive force, but it is denied as to his common law assault and battery claim.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: January 30, 2024, Case #: 1:22cv11, NOS: Other Civil Rights - Civil Rights, Categories: 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
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J. Poplin grants in part the parties' joint motion to seal confidential information. The parties have mostly supported their request to seal information "relating to third-parties, financial information, or alleged trade secret information." Also, the proposed redactions to the defendant company's memorandum in support of its summary judgment motion will be allowed.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: January 16, 2024, Case #: 3:19cv508, NOS: Other Contract - Contract, Categories: Civil Procedure, Discovery
J. Corker partially grants the defendant law enforcement officer's motion for summary judgment and dismisses the couple's federal claims under Section 1983 against him. The couple alleges that the officer, an employee of the University of Tennessee Police Department, mistakenly approached their home with a gun and "demanded to know why they were in 'his' home," in violation of their constitutional rights. However, they fail to show that the officer, whose actual house was allegedly "right next door," was acting under color of state law at the time of the incident. The court also declines to exercise jurisdiction over their state law claims.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: January 10, 2024, Case #: 3:22cv188, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Jurisdiction
J. Varlan grants the dismissal motions filed in this civil rights lawsuit stemming from a child custody dispute. The court notes initially that the father's pro se complaint is "difficult for the Court to comprehend" and determines that Child Protective Services is entitled to sovereign immunity under the 11th Amendment. Additionally, the magistrate judge is entitled to absolute judicial immunity, and the claims against the mother are dismissed for a lack of jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: January 8, 2024, Case #: 1:23cv194, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Jurisdiction
J. Varlan enters a consent decree in the government's action against the City of Chattanooga alleging discrimination under the Fair Housing Act and the Americans with Disabilities Act, after a nonprofit organization was allegedly unable to provide housing for certain individuals with disabilities due to the city's "special permit" requirement. The consent decree is meant to "effectuate a comprehensive settlement" of the government's claims in the matter and does not represent "an adverse finding" or judgment against the city.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: December 8, 2023, Case #: 1:23cv258, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Settlements, Housing
J. Corker grants the city defendants' motion for summary judgment in this lawsuit brought by a citizen asserting civil rights violations, after an officer allegedly shot his dog with a shotgun. The citizen also alleges that he was arrested without probable cause, in a separate incident, for "threatening" his former girlfriend. The shooting was reasonable as the officer could have viewed the dog, which was running loose, as "an imminent threat" to another officer. Also, the officers had probable cause to arrest the citizen "for threatened breach of the peace."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: November 30, 2023, Case #: 1:22cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Poplin grants the defendant gun manufacturers' motion to preclude the opinion of an undisclosed expert in this product liability lawsuit alleging that a gun owner was injured when a pistol "unintentionally discharged." The doctor was not timely disclosed, as required, and the gun owner does not argue that the delay was "harmless or substantially justified."
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: November 9, 2023, Case #: 3:21cv31, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Product Liability, Experts
J. McDonough denies the former employees' motion for class certification in this putative class action asserting claims under Title VII and the Religious Freedom Restoration Act. The court previously dismissed their claim under the RFRA. The employees' remaining claim alleges a failure to accommodate their religious beliefs in connection with a vaccine mandate. However, they fail to show that "the class is so numerous that joinder of all members is impracticable."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: November 6, 2023, Case #: 3:22cv426, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Class Action
J. Poplin denies the individual plaintiffs' motion to determine claim of privilege. Specifically, they ask the court to find that the defendant bank waived attorney-client privilege as it relates to certain documents, or alternatively for the court "to conduct an in-camera inspection of each document." The court concludes that in-camera review is unnecessary and that "fairness does not warrant disclosure."
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: October 24, 2023, Case #: 3:19cv138, NOS: Other Contract - Contract, Categories: Discovery, Privilege, Class Action
J. Steger grants the defendant company's motion for summary judgment in this lawsuit asserting claims under the Age Discrimination in Employment Act and the Family Medical Leave Act. The company temporarily eliminated certain manufacturing jobs during the Covid-19 pandemic, and the two former employees allege that they were not allowed to return to work due to age discrimination. However, the company has provided a legitimate, nondiscriminatory reason for not recalling either employee.
Court: USDC Eastern District of Tennessee , Judge: Steger, Filed On: October 18, 2023, Case #: 1:22cv75, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. McDonough grants the city defendants' joint motion to dismiss this action brought by a citizen asserting claims under the First Amendment and for state law defamation, in connection with an alleged news report that the city had cancelled its annual fireworks show due to the citizen's pending lawsuit against it. The court concludes that the alleged statements by the interim city manager to local media were not defamatory, but instead were "an innocuous explanation to the public" for why the city would not be hosting the July 4th fireworks display.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: October 18, 2023, Case #: 3:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Lee grants summary judgment to the city defendants in this employment discrimination and retaliation lawsuit brought by a former police officer. The officer cannot show that she was "constructively discharged," as she asserts. Accordingly, she fails to establish a prima facie case of discrimination or retaliation.
Court: USDC Eastern District of Tennessee , Judge: Lee, Filed On: October 17, 2023, Case #: 1:21cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Poplin grants in part the resort plaintiffs' motions for sanctions in their lawsuit against a company that allegedly "disrupts valid contracts between timeshare developers and their customers." Attorney fees are appropriate as to the plaintiffs' second motion for sanctions, though no sanctions are warranted with respect to the first motion. Additionally, the parties should meet and confer to resolve the amount of the fees due.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: September 29, 2023, Case #: 3:20cv251, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Consumer Law, Attorney Fees
J. Atchley denies the individual plaintiff's motion for judgment on the record in this case concerning the denial of benefits under a long-term disability insurance policy. The individual was allegedly injured in a motor vehicle accident, and the insurance provider eventually closed her claim when it determined that she could perform less physically demanding work. The company had "a reasoned basis" for its decision, including the opinions of several of the claimant's treating physicians.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: September 22, 2023, Case #: 1:20cv266, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance