189 results for 'cat:"Civil Procedure" AND cat:"Civil Rights"'.
J. McAuliffe denies, in part, two attorneys’ motion to dismiss a man’s civil rights action pertaining to his 11-year detention pending trial on the issue of whether his was a sexually violent predator. He has adequately pleaded his claims, including for deliberate indifference, and the attorneys' equitable tolling argument is fact-intensive and, therefore, must be resolved at the summary judgment stage.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: January 11, 2024, Case #: 1:22cv157, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Larsen finds the lower court properly granted the police officer's motion for summary judgment on the detainee's excessive force claim. At the time he threw the detainee to the ground, the detainee was aggressive, threatening, and resisting, which posed some threat to the officer and allowed him to use necessary force to take him to the ground. Meanwhile, the detainee's state-law negligence claims against the officer were properly dismissed. Under Tennessee law, if a negligence claim arises from conduct that implicates an individual's civil rights, it must be filed in a federal civil rights claim and is barred. Affirmed in part.
Court: 6th Circuit, Judge: Larsen, Filed On: January 9, 2024, Case #: 23-5189, Categories: civil Procedure, civil Rights, Negligence
J. Gleason grants the former inmate's motion for partial summary judgment as to the enforceability of a settlement agreement that was reached in order for his co-defendants in a criminal case "to be immediately released from prison and his own potentially unlawful conviction to be set aside." The city defendants in this Section 1983 case fail to show that enforcing the settlement agreement, which required the release of "all civil claims" by the plaintiff, is in the public interest, after he "may have been wrongfully imprisoned for nearly two decades."
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 4:17cv34, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Settlements
J. Gleason dismisses the pro se litigant's complaint for failing to state a claim on which relief could be granted, but also grants him leave to file an amended complaint. The litigant asserts certain civil rights violations, but the court notes that the "exact nature of Plaintiff's claims is unclear" and states that he "may represent only his own interests" as a self-represented litigant.
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 3:23cv217, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Torres denies a former Customs and Border Patrol employee’s motion for appointment of counsel after she sued the agency on her own behalf for discrimination. Not only is the employee unlikely to succeed in her case, but she has demonstrated “sufficient financial resources to continue her search for counsel,” including because she has savings and paid an initial filing fee.
Court: USDC Western District of Texas , Judge: Torres, Filed On: January 3, 2024, Case #: 3:22cv139, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, civil Rights, Employment Discrimination
J. Russell partially grants the defendant school district's dismissal motion in this lawsuit brought by a former high school student alleging that he was sexually harassed by a teacher. The complaint contends that school officials had previously received reports of the teacher engaging in "inappropriate behavior," and that the school district's indifference allowed the student "to become another victim." The student's Section 1983 claim based on a "state created danger theory" will be dismissed, however, along with his Title IX claim, due to a failure to state a plausible claim.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: December 29, 2023, Case #: 5:23cv473, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, civil Rights, Education
J. White finds the lower court properly granted the public school employees union's motion for summary judgment on the bus driver's civil rights claim for unauthorized withdrawal of union dues. Although the withdrawals were made after she revoked her consent and in contravention of a state law, the union was not a state actor and, therefore, cannot be held liable. Affirmed.
Court: 6th Circuit, Judge: White, Filed On: December 21, 2023, Case #: 22-4056, Categories: civil Procedure, civil Rights, Labor / Unions
J. Howell denies a former graduate student’s attempt to disqualify counsel of another party — an allegedly abusive teaching assistant — after the graduate student brought a civil rights suit against the University of Texas. The graduate student argues the counsel should be disqualified because she had contacted the firm before filing her suit, creating a conflict. Disqualification is not mandatory in this case, because while the grad student argues this court should use its discretionary power to disqualify the attorney anyways, the danger of prejudice is “exceedingly minimal” and the law firm has “done everything within its power” to prevent it.
Court: USDC Western District of Texas , Judge: Howell, Filed On: December 11, 2023, Case #: 1:21cv1040, NOS: Education - Civil Rights, Categories: civil Procedure, civil Rights, Education
J. Ho grants the former Kuwaiti attache's motion to dismiss trafficking claims but denies his wife's motion to dismiss the same claims based on their employment of a housekeeper. The Hague Convention does not apply in this case because the attache's address is unknown and the housekeeper exercised reasonable diligence in searching for his and his wife's physical addresses. The housekeeper's proposed alternative service, namely service by personal email, Facebook, text, and WhatsApp comply with due process.
Court: USDC Southern District of New York, Judge: Ho, Filed On: December 8, 2023, Case #: 1:23cv321, NOS: Other Labor Litigation - Labor, Categories: civil Procedure, civil Rights, Due Process
Per curiam, the appellate division finds that the lower court improperly granted the plaintiff attorney $662 in damages on civil rights claims stemming from his ejection from a Madison Square Garden venue because his firm is involved in litigation against the venue. At the time the court granted this motion, the venue had not yet answered the amended complaint so it was premature. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: 06314, Categories: civil Procedure, civil Rights
J. Tijerina finds that the lower court properly granted the city's plea to the jurisdiction in this lawsuit brought by an individual who was allegedly arrested at a shopping mall. On appeal, the individual, who appears pro se, fails to challenge "the bases for the trial court's grant of the City's plea to the jurisdiction." Instead, he only challenges the dismissal under Rule 91a. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 30, 2023, Case #: 13-22-00152-CV, Categories: civil Procedure, civil Rights, Jurisdiction