189 results for 'cat:"Civil Procedure" AND cat:"Civil Rights"'.
J. Richardson dismisses an individual's lawsuit asserting Section 1983 claims against the Town of Smyrna and a town police officer stemming from a previous criminal case against him, in which certain exculpatory emails were allegedly not disclosed at a preliminary hearing. The case is dismissed pursuant to the one-year limitations period, as his claims accrued on April 8, 2021, "upon the dismissal of the charges," and the action was filed nearly two years later.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 21, 2023, Case #: 3:23cv119, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. DeGiusti denies the estate representative's motion to reconsider an order denying her request for leave to file an amended complaint in this lawsuit stemming from an individual's death at a detention center. The action asserts Section 1983 violations based on the decedent's alleged back injury caused by "blunt force trauma." The representative sought to add the board of county commissioners after it had previously been dismissed. However, the court determined that the amendment would be futile, and the representative now fails to show that the court should change its prior order.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 16, 2023, Case #: 5:18cv323, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
Per curiam, the appellate division finds that the lower court properly granted the man's motion to file an amended complaint adding a new claim for malicious prosecution in a civil rights suit stemming from the man's wrongful conviction. The allegations in the original complaint sufficed to give the city notice of the facts to be proved in asserting the malicious prosecution claim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 14, 2023, Case #: 05701, Categories: civil Procedure, civil Rights
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J. Pena finds that a civil contempt order on a newspaper that disobeyed a subpoena to produce a reporter's unpublished jailhouse interview notes in an underlying murder case was procedurally invalid. Counsel seeking the material failed to provide personal service of a show cause order on the newspaper, as required to commence a separate action on the contempt charge. The contempt order failed to specify the punishment, and the trial court's 10-day stay of the judgment was ambiguous. However, the trial court properly denied the newspaper's motion to quash the subpoena. Under the newspersons' shield law, the trial court had discretion to find the newspaper's published story provided nonspeculative indications that the reporter's unpublished notes could be key to codefendant's defense. The subpoenaed material is not confidential or sensitive and there is no alternative source. Defendant faces life without parole, so his right to a fair trial outweighs the protection given to reporters under the law, and the potential importance of the information favors defendant. Vacated in part.
Court: California Courts Of Appeal, Judge: Pena, Filed On: November 7, 2023, Case #: F086308, Categories: civil Procedure, civil Rights, Contempt
J. Sheridan dismisses claims contending a corrections officers confined an inmate "naked and with a suicide blanket" and, later, beat him up because officers were not provided adequate notice of the accusation, and the complaint failed to specify the officers or prison officials being accused or the violations that had been committed.
Court: USDC New Jersey, Judge: Sheridan , Filed On: November 6, 2023, Case #: 3:22cv6911, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Prisoners' Rights
[Consolidated.] J. Baxter grants a prisoner’s application to proceed in forma pauperis, but dismisses his complaints of the misconduct and maliciousness of state officers prosecuting him. The court recommends the prisoner is given 45 days to amend his complaint, which presently lacks factual allegations. If he fails to amend within the time or file an extension, all claims shall be dismissed.
Court: USDC Northern District of New York, Judge: Baxter, Filed On: October 30, 2023, Case #: 6:23cv1115, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Rowland issues final judgment in favor of a church on its substantial burden claim under the Religious Land Use and Institutionalized Persons Act against Chicago, limiting damages to $14,590. It successfully argued that the city imposed restrictive parking limits on religious assemblies. The parties are ordered to file a joint status report by Nov. 9, 2023, for the motion of fees and the civil case terminated.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: October 30, 2023, Case #: 1:17cv932, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Damages
J. Kelly grants the estate administrator's motion to amend the complaint in this suit alleging due process and equal protection violations, based on the decedent's placement with a certain foster parent. The estate administrator will be allowed to include certain employees of the Oklahoma Department of Human Services as defendants. The proposed defendants were previously dismissed without prejudice. The court notes that the amended complaint "includes additional facts that cure the deficiencies in the prior pleadings."
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: October 30, 2023, Case #: 4:20cv167, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Pitman denies a motion to stay a case pending an interlocutory appeal brought by several members of a “Trump Train” who were sued by Biden-Harris 2020 campaign members over a high-profile incident in which Trump supporters surrounded and boxed in a Biden-Harris campaign bus on a Texas highway during the 2020 election season. While a Fifth Circuit opinion provided the Trump supporters with a new avenue to seek an interlocutory appeal, they have failed to show how such an appeal would “materially advance the termination of the litigation” — one necessary prong for certification — and this court therefore denies the request for a stay.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: October 18, 2023, Case #: 1:21cv565, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Elections
Per curiam, the appellate division dismisses this challenge to the state rule requiring personnel from hospitals and other covered entities to be fully vaccinated against Covid-19 where medical exemptions do not apply because the regulation has been repealed, and the issue is not likely to recur given the extraordinary circumstances of the Covid-19 pandemic. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: CA 23-00161, Categories: civil Procedure, civil Rights, Covid-19