269 results for 'nos:"Civil Rights - Habeas Corpus"'.
J. Daniel partially denies Veterans Affairs’ motion for summary judgment, and denies the suing VA pharmacy technician’s motion for summary judgment on the plaintiff’s disability discrimination and retaliation claims. The pharmacy technician suffered an extensive nerve injury while on the job that left her with only limited use of her arms, hands and neck; she says the VA failed to accommodate her disability afterwards. She also claims to have faced disparaging remarks at work that created a hostile environment, and that the VA retaliated against her after she filed a separate equal employment opportunity charge when she was passed over for promotion. The court allows the technician’s retaliation and failure to accommodate claims stand without granting her judgment, and grants the VA judgment on her interference and discrimination claims.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:21cv6216, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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J. Mannion grants summary judgment to a township and two of its town supervisors, who were sued by the police chief and two officers over a dispute considering traffic enforcement. The police said one supervisor, who rebuked them for not ticketing more tractor-trailers on the highway, overstepped his authority and attempted to order them around in retaliation for exercising their First Amendment rights to the irate supervisor. The police failed to show actionable retaliatory conduct, as the town board member’s comments amounted to immature criticism and mere rudeness, and he had no authority to compel the officers to act.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: March 1, 2024, Case #: 3:19-2115, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Retaliation, First Amendment
J. Campbell partially grants the metro defendants' dismissal motion in this lawsuit asserting claims for excessive force and negligence in connection with an incident in which an individual experiencing "a mental health crisis" was allegedly shot by police officers with a Taser and a gun, resulting in personal injuries. The defendant police officers are entitled to qualified immunity on the excessive force claim. The constitutional claim against the metropolitan government will not be dismissed, however.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 1, 2024, Case #: 3:22cv173, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Immunity
J. Hurson denies a California resident’s motion for a temporary restraining order and preliminary injunction to prevent the cannabis administrator and its director from issuing any cannabis licenses under the social equity lottery. The court finds that the dormant commerce clause does not apply to the recreational cannabis industry and the resident fails to demonstrate enough to succeed on the merits.
Court: USDC Maryland, Judge: Hurson, Filed On: February 27, 2024, Case #: 1:24cv273, NOS: Civil Rights - Habeas Corpus, Categories: Government, Injunction
J. Casper denies in part three employers’ motion to dismiss claims brought against them by a former employee. The former employee is not entitled to commissions on customer payments that occurred after she was fired, but there is a strong enough probability that her firing was timed to avoid paying her, so her claims of bad faith, unjust enrichment and quantum meruit cannot be dismissed at this time.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 23, 2024, Case #: 1:23cv10419, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Kelley grants a state transportation organization's motion to dismiss a civil action brought against it by an employee for allegedly failing to provide him with reasonable accommodations, retaliating against him, discriminating against him based on his national origin and race and intentional infliction of emotional distress. The employee’s claims are time-barred.
Court: USDC Massachusetts, Judge: Kelley, Filed On: February 9, 2024, Case #: 1:23cv10993, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Suttell finds that the trial court improperly refused to rule on a father’s emergency motion for temporary orders since reasonable accommodations should be made for noncitizen defendants in global custody claims. However, the family court had subject matter jurisdiction over the case, and the father waived the issue of personal jurisdiction by consenting to jurisdiction. Affirmed.
Court: USDC Rhode Island, Judge: Suttell , Filed On: February 9, 2024, Case #: 22-265, NOS: Civil Rights - Habeas Corpus, Categories: Family Law, Jurisdiction
J. Richard Nelson grants the police officers' motion for summary judgment in the prisoner's suit against them alleging that they violated his civil rights during his arrest for domestic assault and criminal property damage. The prisoner has yet to identify the specific officer who allegedly seized him from his room without consent, and such specificity is required to support his claims at this stage.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: February 7, 2024, Case #: 0:22cv187, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Police Misconduct