112 results for 'cat:"Civil Rights" AND cat:"Due Process"'.
J. Lipinsky finds the state's failure to timely process evidence before a criminal trial does not create a cause of action for civil rights violations to the victim of the crime and, therefore, the lower court properly dismissed the victim's complaint. The Colorado Victim Rights Act includes no language to allow victims to compel the processing of evidence by state actors, while the victim's indignation at the inability for the state to charge his assailant with attempted murder does not create a property interest or allow him to pursue damages for any constitutional violations. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: October 26, 2023, Case #: 2023COA100, Categories: civil Rights, Constitution, due Process
J. Nelson dismisses the homeowner's complaint that the city's officers declared that there were no signs of criminal activity regarding the homeowner's vacant house, only for an individual to then steal items from the house and engage in a fight with the homeowner. The city's officers have qualified immunity against the homeowner's substantive due process claim, because he does not establish that they violated one of the homeowner's constitutional rights by not staying on the premises after they cleared the site, or that it was somehow unlawful for them to miss a basement window that is well hidden by overgrown vegetation.
Court: USDC Oregon, Judge: Nelson, Filed On: October 20, 2023, Case #: 3:21cv771, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Immunity, due Process
J. Jordan finds a woman can continue with some of her civil rights claims against the county and a police officer who arrested her when she attempted to intervene in her friend's arrest. The First Amendment, unlawful-arrest and excessive force claims against the officer survive, and her conditions-of-confinement and unlawful strip search claims against the county are plausible.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: October 18, 2023, Case #: 3:22cv508, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Kobes finds a lower court improperly imposed certain parole remedies on the Missouri Department of Corrections for due process violations. The State argued that the department of corrections is not obligated to comply with a written notice rule alerting parolees of revocation. However, the parolees presented sufficient evidence in court that the authority is the revocation hearing, which decides whether or not a parolee violated parole, and that the State violated the process by failing to notify certain parolees in writing and allowing all parolees to retain their own attorneys, which should only be allowed in specific situations. Vacated.
Court: 8th Circuit, Judge: Kobes, Filed On: October 5, 2023, Case #: 20-3447, Categories: civil Rights, due Process
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J. Aiken dismisses the workers' complaint that former Oregon Gov. Kate Brown and former Director of the Oregon Health Authority Patrick Allen violated their rights to due process and equal protection, as the state officials' vaccine mandates required the workers to receive the Covid-19 vaccine even if they had a "natural immunity" due to contracting and recovering from the disease. The challenged vaccine mandates are linked to a legitimate state interest, and the workers do not present a remedy that would justify filing an amended complaint.
Court: USDC Oregon, Judge: Aiken, Filed On: September 30, 2023, Case #: 6:21cv1332, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Covid-19
J. Hollander partially grants a motion to dismiss filed by the education board in this civil rights lawsuit brought by the parents of a student who was suspended on a determination that she engaged in racist conduct after she allegedly sent a “blackface” photo via Snapchat. The student’s invasion of privacy, defamation, and freedom from search and seizure claims will be dismissed. However, her negligence, fiduciary duty, free speech and First Amendment claims are denied on a theory of procedural due process violation.
Court: USDC Maryland, Judge: Hollander, Filed On: September 29, 2023, Case #: 1:23cv195, NOS: Education - Civil Rights, Categories: civil Rights, Education, due Process
J. Wolf grants several motions for summary judgment of police officers being sued by a man after they attempted to pull him over for a traffic stop and then entered his home and arrested him. Summary judgment against the man, for his claims of unlawful entry, unlawful seizure and violating the Massachusetts Civil Rights Act, are granted because the officers have qualified immunity.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 22, 2023, Case #: 1:20cv10660, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Albregts denies the city's motion to declare plaintiff a vexation litigant in her civil rights action brought on allegations that the Las Vegas Police Department is stalking her. She says that she was unlawfully arrested while living in Reno, and that when she moved to Las Vegas the police released her booking photo, in which she is bald due to alopecia, to embarrass her. She also claims that U-Haul lost her property and began working with Reno and Las Vegas police, which led to conspiracies involving her apartment management. Though she has shown a pattern of vexatious litigation, she is entitled to notice and hearing. She must show cause as to why she should not be declared a vexatious litigant.
Court: USDC Nevada, Judge: Albregts , Filed On: September 22, 2023, Case #: 2:23cv65, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Rice finds in favor of the city against the minerals company's claim that the former violated the latter's right to due process when it authorized activities to surface owners on the land where the company owns mineral interests. The company does not present sufficient evidence to establish its per se physical taking claim, because the individual landowners and the city made surface-level improvements to the land, which is not the same as running underground interferences.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: September 19, 2023, Case #: 4:22cv5055, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, due Process
J. Bianco finds that the district court improperly denied class certification for a class of children in New York City's foster care system alleging “systemic deficiencies” in the administration. The children argue the commonality and typicality requirements under the federal rule of civil procedure should be reconsidered. "The district court, having erroneously found other legal defects in the allegations, did not address the particular evidence relating to each of the proposed common practices." Vacated.
Court: 2nd Circuit, Judge: Bianco, Filed On: September 19, 2023, Case #: 22-7, Categories: civil Rights, due Process, Class Action
J. Pryor finds that the district court properly dismissed a civil rights action brought by the Medicaid provider of services to developmentally disabled children alleging that agency officials retaliated against the provider in violation of its Fourteenth and First Amendment rights by suspending payments and investigating it for fraud. The provider claimed the actions were in retaliation for challenging a fine and criticizing the agency in a motion for sanctions. The provider's civil rights damages claims are barred by qualified immunity. The provider did not have a right to be free from retaliation for exercising its due process right to challenge the fine. The provider also lacks standing to pursue injunctive relief. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: September 13, 2023, Case #: 22-10319, Categories: civil Rights, Medicaid, due Process
J. Restani dismisses the individual plaintiffs' federal claims alleging due process violations in connection with the procedures used by the defendant judges to collect "costs, fines, and fees" associated with criminal proceedings. The claims are constitutionally moot, as neither plaintiff has any outstanding debt before the state court. Also, the court notes that steps have been taken "to address the risk of constitutional violations."
Court: USDC Northern District of Oklahoma , Judge: Restani, Filed On: September 7, 2023, Case #: 4:19cv234, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, due Process
J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s two armed uninformed police officers and the librarian allegedly the asked him to leave from the sidewalk in front of library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 7, 2023, Case #: 2:22cv168, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process
J. Duffin partially grants the city, the city's mayor and other city officials' motions to dismiss the former city administrator's lawsuit alleging they and others conspired to block him from official city business, put him under investigation and remove him from office because he refused to fund a diversity, equity, inclusion and belonging program. One of the administrator's First Amendment claims is dismissed for a lack of standing, and also dismissed entirely are his claims that a city false statements ordinance is unconstitutionally vague, that his occupational liberty interest was violated under the 14th Amendment, that the mayor defamed him, and that the mayor, an alderperson and a private attorney inflicted emotional distress upon him. The administrator's due process claim is dismissed as to the alderpersons, the mayor and the city attorney in their official capacities, in part on qualified immunity grounds.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: September 5, 2023, Case #: 2:23cv149, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, First Amendment
J. Guaderrama grants summary judgment to the El Paso chief of police and closes a case in which a disability-rights group argued the chief was in violation of the Protection and Advocacy for Individuals with Mental Illness Act following the injury of a person experiencing a mental-health crisis. The relevant and "flawed" laws do not give the advocacy group the right to investigate any alleged abuse or neglect nor to collect records related to the incident, and while there "may be a remedy here...it is with Congress."
Court: USDC Western District of Texas , Judge: Guaderrama, Filed On: September 1, 2023, Case #: 3:21cv211, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Police Misconduct
J. Aiken finds in favor of the sheriff's office against the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. The deputy sheriff and the deputy sheriff sergeant had probable cause to arrest the state police trooper without a warrant based on their observations, such the trooper crashing his car on a flat stretch of paved road and then admitting to drinking alcohol earlier that day.
Court: USDC Oregon, Judge: Aiken, Filed On: August 31, 2023, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process
J. Lovric tosses a self-represented litigant’s complaint brought against the Utica Civil Criminal Court, a city court judge, the Utica Police Department and her two legal counsel alleging various due process and constitutional rights violations in connection with her arrest and criminal proceedings. The city court judge is protected by judicial immunity, the Civil Criminal Court and local police department are not independent legal entities to which she can assert civil claims and her claims against her counsel fail for failure to state a claim.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: August 30, 2023, Case #: 6:22cv1398, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, due Process
J. Zilly dismisses the Korean restaurant's claims for violation of its substantive due process rights in its lawsuit alleging that the city did not answer the Korean restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The Korean restaurant alleges that the city created a generalized danger for everyone in the protest area and the Capitol Hill neighborhood, but this argument fails because the city's response to the protest was not directed toward the Korean restaurant.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 29, 2023, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, due Process
J. Ho finds the district court improperly dismissed the property owner’s civil rights claims as to takings and due process regarding work done by the city, which damaged the property and caused adjacent properties to flood. The owners allege that city officials violated their rights at the direction of Houston’s mayor and city council, which is enough to establish liability. State law claims were properly dismissed as barred by sovereign immunity. Affirmed in part. Reversed in part.
Court: 5th Circuit, Judge: Ho, Filed On: August 21, 2023, Case #: 22-20019, Categories: civil Rights, Property, due Process
J. Smith dismisses this appeal of the district court’s dismissal of the case. The Satanic Temple appealed the court’s denial of its motion for a temporary restraining order against several Texas abortion laws during litigation, and Texas’ health agency moved to dismiss the case, which the court granted. The Temple now says the district court did not have jurisdiction to dismiss. An appeal from a denial of a preliminary injunction does not divest the district court of jurisdiction or restrain it from other steps in the litigation. The court had the power to dismiss despite the pending appeal. To the extent that the Temple wants to litigate issues that were raised in the preliminary injunction motion and remain live, they may do so in their appeal from the district court’s final judgment.
Court: 5th Circuit, Judge: Smith, Filed On: August 18, 2023, Case #: 22-20459, Categories: civil Rights, Health Care, due Process
J. Graves finds the district court improperly dismissed this suit brought by customers at an estate sale who were physically ejected for refusing to wear face masks due to medical issues, resulting in their losing a pair of glasses. The court erred by denying the request for an opportunity to amend, giving no explanation. It was also error to hold that the customers failed to establish their prima facie case at this early stage. Vacated and remanded.
Court: 5th Circuit, Judge: Graves, Filed On: August 17, 2023, Case #: 22-50048, Categories: civil Rights, due Process, Covid-19
J. Wormuth grants, in part, the female student's motion for summary judgment, ruling the former teacher's sexual harassment, including grabbing the student's butt on several occasions, touching her thigh inappropriately while she slept on a school bus, and hugging her excessively, meets the level of behavior required under the conscience shocking standard and entitles the student to judgment on her substantive due process claim. However, despite the teacher's guilty plea to criminal charges that stemmed from his behavior, he did not admit to engaging in the conduct for the purposes of sexual gratification and so the student is not entitled to judgment on her Equal Protection sexual harassment claim.
Court: USDC New Mexico, Judge: Wormuth, Filed On: August 17, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, Equal Protection
J. Douglas finds the district court improperly dismissed the Louisiana inmate’s civil rights complaint with prejudice as frivolous and for failure to state a claim. The inmate filed suit alleging that he was held in administrative segregation for 300 days over his disciplinary sentence without additional due process and based upon fabricated information. Though prison officials are accorded deference in maintaining security, in this case some officials determined that the inmate should have been released while others refused. A response from the officials is necessary to reach the proper conclusion. The indefiniteness of a period of segregation is also relevant in reviewing the constitutionality of a length of confinement. Vacated and remanded.
Court: 5th Circuit, Judge: Douglas, Filed On: August 10, 2023, Case #: 21-30082, Categories: civil Rights, due Process, Prisoners' Rights
J. St. Eve finds that the lower court improperly found for the prison security director on an inmate's claims he was denied due process in a hearing that led to the seizure of $10,000 sent to him by a fellow inmate in gratitude for his help in a successful civil rights lawsuit against the prison. The director failed to recuse himself, despite his involvement in the underlying lawsuit, and made statements before and during the hearing suggesting a predetermined outcome. Reversed.
Court: 7th Circuit, Judge: St. Eve, Filed On: August 7, 2023, Case #: 21-1320, Categories: civil Rights, due Process, Prisoners' Rights
J. Newman grants the school district's motion for judgment on the pleadings, ruling that the students' and parents' Title IX claims do not include a plausible injury-in-fact because the students' "aversion to encountering a transgender student in the bathroom" does not involve sex discrimination of any kind, much less the kind included under Title IX. Meanwhile, the parents' due process claim fails as a matter of law because the district's decision to allow students to use bathrooms that align with their gender identity does not implicate their right to send their children to a specific school, while parents are not afforded the right to determine a school's curriculum or the operation of its facilities.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: August 7, 2023, Case #: 3:22cv337, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, due Process
J. Groban finds that the appeals court erred in requiring that private universities allow students accused of intimate partner violence the opportunity to cross-examine witnesses and accusers. Private organizations must use fair procedures that include a notice of charges and a meaningful opportunity to be heard. But they have the responsibility to devise their own methods without the courts imposing fixed procedures that must be followed in every situation, and live hearings with cross-examination are not required. Reversed.
Court: California Supreme Court, Judge: Groban, Filed On: July 31, 2023, Case #: S263180, Categories: civil Rights, Education, due Process
J. Stranch finds the lower court erroneously denied the arresting officers' motion for summary judgment on the grounds of qualified immunity as it pertained to the detainee's arrest. Statements made by the prosecutor and several witnesses about her blatant attempts to intimidate a witness as she went into a courtroom gave them probable cause to arrest her without a warrant. Meanwhile, because the Michigan State Police defendants took no steps to ensure the detainee received a probable cause hearing during her 96-hour detention and failed to present any evidence of extraordinary circumstances that would have allowed for such a lengthy detention without a hearing, those defendants were properly denied immunity as it relates to the due process claims. Affirmed in part.
Court: 6th Circuit, Judge: Stranch, Filed On: July 28, 2023, Case #: 22-1973, Categories: civil Rights, Immunity, due Process