247 results for 'cat:"Civil Rights" AND cat:"Constitution"'.
J. Peterson finds for the county, city and police officers in a lawsuit from the estate of a man one of the officers shot and killed after he and another officer tased him during a violent struggle upon finding the man naked and acting bizarrely subsequent to crashing his car into a snowbank. The officers actions can be reasonably justified given the circumstances, so the officers and municipalities are granted summary judgment on the estate's Fourth Amendment claims pertaining to the man's detention and the officers tasing and shooting him. The estate's claims referencing municipal liability and federal disability statutes also fail, as it has not shown the man's death was caused by any inadequate municipal policies for dealing with those in a mental health crisis or a failure to accommodate the man's disabilities, so the municipalities are granted summary judgment on those claims as well.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: November 28, 2023, Case #: 3:22cv102, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct
J. Stras finds a lower court improperly ruled in favor of a vegan lifestyle promoter on civil rights claims against a university. The vegan enthusiast argued that the university violated his First Amendment rights by forcing him to obtain permission from a school administrator to pass out pamphlets on veganism. However, the university officials presented sufficient evidence in court that its advance notice policy requirement for non- university publications does not constitute a prior restraint. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: November 21, 2023, Case #: 22-1826, Categories: civil Rights, constitution, Education
J. Douglas denies the petition for rehearing on the circuit's reversal of the district court's finding for a sheriff on qualified immunity grounds. The sheriff's office arrested a social media user for posting a humorous comment on Facebook during the Covid-19 pandemic suggesting that officers were given orders to "shoot the infected on sight." The obvious joke is constitutionally protected free speech.
Court: 5th Circuit, Judge: Douglas , Filed On: November 21, 2023, Case #: 22-30509, Categories: civil Rights, constitution
J. Hurd rejects a legal challenge to New York State’s firearm licensing requirements brought by two state residents who were denied firearm licenses by a county court judge on the basis of past criminal histories, which they argue is a violation of their constitutional rights. The judge, who acted as a statutory licensing officer in this case, is protected by judicial immunity, their claim for declaratory relief is denied on the basis that they fail to establish the interests of the judge are sufficiently adverse to their own, and their claim seeking an injunction enjoining state officials from enforcing the regulations are barred under federal civil rights law.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: November 21, 2023, Case #: 1:15cv658, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Firearms
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J. Dick denies summary judgment to the Republican governor-elect of Louisiana on his argument as the state’s current attorney general that "Black Voters Matter" does not have standing to represent black voters in a voting rights suit against the state. The organization concedes it does not have associational standing in the case but that it meets the constitutional requirement for injury-in-fact by presenting evidence that the state’s allegedly discriminatory voter redistricting maps have required a diversion of organizational resources from its broader voter registration and community empowerment initiatives.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 15, 2023, Case #: 3:22cv178, NOS: Voting - Civil Rights, Categories: civil Rights, constitution, Evidence
J. Boyle denies a Second Amendment rights advocacy group, a firearms dealer and two gun owners' motion for a preliminary injunction in their challenge the Bureau of Alcohol, Tobacco, Firearms and Explosives' final rule regarding guns equipped with stabilizing devices. Although the final rule is not a logical outgrowth of the proposed rule, they fail to show they are prejudiced and, therefore, have not shown a likelihood of success on the merits.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: November 13, 2023, Case #: 3:21cv116, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: civil Rights, constitution, Firearms
J. Dick denies a request by the Louisiana Secretary of State to turn over jurisdiction of a voting rights redistricting case to a three-judge court, on the argument that federal law requires a tribunal for a constitutional or statutory challenge to the apportionment of a state legislative body. The law does not support the secretary’s argument and there is no decision in the Fifth Circuit that supports his “strained interpretation” of the law. The decision comes one day after a mixed ruling on proposed experts for both sides in a lawsuit challenging redistricting plans that allegedly dilute black voters’ voting strength in violation of the Voting Rights Act.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 9, 2023, Case #: 3:22cv178, NOS: Voting - Civil Rights, Categories: civil Rights, constitution, Jurisdiction
J. Hoyt grants a preliminary injunction to a strip club on its constitutional challenges to the state comptroller’s $10 Sexually Oriented Business Fee, which requires inspections, audits and that businesses keep a record of how many customers are admitted to the establishment on a daily basis. The club has shown it is likely to succeed on the merits of its First and Fourteenth Amendment claims, and it will suffer irreparable harm without an injunction.
Court: USDC Southern District of Texas, Judge: Hoyt, Filed On: November 9, 2023, Case #: 4:23cv3131, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, First Amendment
J. Dick orders judgment in favor of class-action litigants and against the state department of corrections, ending a yearslong litigation of medical treatment claims at Louisiana’s maximum-security prison in Angola. “The attitudes of those in medical leadership” at the corrections department and the sprawling 18,000-acre prison farm “easily demonstrate that injunctive relief is required in this case.”
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 6, 2023, Case #: 3:15cv318, NOS: Prison Condition - Habeas Corpus, Categories: civil Rights, constitution, Health Care
J. Altman grants the governor dismissal of claims challenging state statute which prevents transgender girls from participating in girls' sports teams because plaintiff, a transgender girl, failed to demonstrate discriminatory intent. However, plaintiff may amend the complaint.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: November 6, 2023, Case #: 0:21cv61344, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, constitution, Education
[Consolidated.] J. Wood finds two of lower courts in these three consolidated Second Amendment cases properly refused to enjoin Illinois's laws regulating assault weapons and high-capacity magazines. These regulated weapons are not required for self-defense, and are therefore not protected by the Second Amendment. There is a long tradition supporting a distinction between weapons and accessories designed for military or law-enforcement use, and weapons designed for personal use. Affirmed in part.
Court: 7th Circuit, Judge: Wood, Filed On: November 3, 2023, Case #: 23-1353, Categories: civil Rights, constitution, Firearms
J. Palafox finds a lower court mostly ruled correctly in convicting defendant of unlawful possession of a firearm as a felon. While defendant argues that prior gun laws are “now in question” following the Supreme Court’s decision in Bruen, legal precedent around firearms has generally been “premised on the principle that felons had historically lacked Second Amendment rights.” However, a “clerical error” in the lower court judgment misstates the statute which defendant violated and should be fixed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 31, 2023, Case #: 08-23-00057-CR, Categories: constitution, Firearms, civil Rights
J. Torres declares a 1990 law banning abortion in Guam invalid because it has been implicitly repealed by the Guam Legislature since its passing; it no longer has any force or effect. More recent statutes conflict with such a ban and have since allowed and regulated abortion procedures in the territory.
Court: Guam Supreme Court, Judge: Torres, Filed On: October 31, 2023, Case #: CRQ23-1, Categories: civil Rights, constitution, Health Care
J. Chapman finds that the lower court properly ruled against the Secretary of State, which prepared ballot descriptions for six different proposed pro-abortion initiative petitions. The Secretary described the initiatives as allowing "dangerous, unregulated, and unrestricted abortions... without requiring a medical license," which is a baldly inaccurate summary of the proposed initiatives. Further, the Secretary's language that the initiatives would "nullify longstanding Missouri law protecting the right to life," uses partisan political language that should not be used in a summary meant to impartially inform voters. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: October 31, 2023, Case #: WD86595, Categories: civil Rights, constitution, Agency
J. Stadtmueller gives the citizen until November 29, 2023, to file an amended complaint in her pro se lawsuit claiming the county and county officials falsely imprisoned her and denied her a fair trial, as her current pleading fails to bring clear factual allegations and give the county fair notice, in addition to other problems. If she does not file her complaint by the deadline, her lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 30, 2023, Case #: 2:23cv1338, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
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. Rothstein denies the self-proclaimed election officer's motion to dismiss the county's counterclaims against her complaint, which alleges that the county and others supported laws recognizing her act of placing signs near ballot boxes during the August 2022 Washington State primary election as a criminal form of voter intimidation. The self-proclaimed election officer claims that her signs are protected by the First Amendment as free speech, but the county's counterclaims allege that the signs are a form of voter intimidation, which is not protected by the First Amendment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 25, 2023, Case #: 2:22cv1252, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution
J. Copperthite grants the U.S. attorney general’s motion to dismiss on an individual’s case challenging the denial of his state application for a “Handgun Qualification License.” While the individual, who seeks to buy a firearm for self-protection, has nonviolent convictions for driving while intoxicated and resisting arrest. The federal law that bans felons from owning guns is not unconstitutional as applied to him. The government has a legitimate interest in keeping weapons away from individuals that have been convicted of a crime that is punishable by imprisonment for a term exceeding one year.
Court: USDC Maryland, Judge: Copperthite, Filed On: October 20, 2023, Case #: 1:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Firearms
J. Jackson grants summary judgment to a suburban fire chief and against two former employees who allege he discriminated against them because they got married. To the contrary, the ruling holds, the fire chief only prohibited the department’s receptionist from marrying an ex-district fire chief to avoid chain-of-command and workplace morale issues that would arise from the subordinate being managed by the district’s second-in-command — her ex-husband. She disregarded the fire chief’s policy, married the ex-chief, and lost her job. The evidence shows that a rational relationship existed between the fire chief’s policy of requiring the receptionist to choose between marrying the ex-chief and her job — particularly given the “chaos” the couple created at the fire department when they first began dating in 2016. At the time, they were both married, but not to each other.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: October 19, 2023, Case #: 221cv287, NOS: Insurance - Contract, Categories: civil Rights, constitution, Settlements
J. Chasanow grants in part Maryland’s attorney general and three Montgomery County police employees’ motions to dismiss in the suit they face from a resident challenging the constitutionality of state laws that criminalize harassment via phone and electronic mail. It is not in the public interest to prohibit state officials from prosecuting under the anti-harassment law, “in effect giving [plaintiff] carte blanche to harass MCPD employees via phone and email, prior to determining the constitutionality of those laws.” The individual’s motions for preliminary injunction, restraining order, summary judgment and to disqualify counsel are all denied because he has failed to produce any evidence other than a copy of an email.
Court: USDC Maryland, Judge: Chasanow, Filed On: October 18, 2023, Case #: 8:23cv338, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Tort
J. Christen finds that the district court properly entered summary judgment for law enforcement officers in an action alleging officers violated the decedent's Fourth Amendment rights by entering his private property without a warrant, using an armored vehicle to intentionally collide with his pickup truck while he was inside, and shooting and killing him. The district court correctly ruled that the officers were entitled to qualified immunity for shooting and killing the decedent because the officers’ split-second decision to open fire did not constitute excessive force. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: October 17, 2023, Case #: 21-35431, Categories: civil Rights, constitution
J. Nye denies the state and school board's motion to dismiss individuals' and a student organization's allegations that Idaho Senate Bill 1100, which requires that public school students use the bathroom or locker room that corresponds with their biological sex, is unconstitutional. "The fact that other courts have found merit in similar claims against the backdrop of regulations similar to S.B. 1100 weighs against finding that Plaintiffs’ claims are wholly implausible." The temporary restraining order on implementing S.B. 1100 will be extended by 21 days to "provide enough time for school districts to identify and designate restrooms, changing facilities, and overnight accommodations in a manner consistent with S.B. 1100."
Court: USDC Idaho, Judge: Nye, Filed On: October 12, 2023, Case #: 1:23cv315, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, constitution
J. Biery partially grants an injunction to indigenous members of the Native American Church who had asked a court to ensure they still had access to “sacred areas” in Brackenridge Park during renovation work by the city, including for ceremonies using peyote. While these worshippers will still have limited access to these sacred areas, it is “impractical” to allow unrestricted individual access. The parties should evaluate the pros and cons of a request by the worshipers for the city to develop “alternative plans” for redevelopment of the park, as it could lead the “temporary closing” of some areas to become “semi-permanent.”
Court: USDC Western District of Texas , Judge: Biery, Filed On: October 11, 2023, Case #: 5:23cv977, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Native Americans