189 results for 'cat:"Civil Procedure" AND cat:"Civil Rights"'.
J. Docherty partially grants the father's motion to amend a scheduling order and his complaint and grants the county and its employees' motion to amend the scheduling order, but denies the county and employees' motion for a protective order precluding the father from deposing the assistant county attorney who represented the county in a CHIPS case concerning his now-deceased child. The father may amend his complaint to add a negligence claim, but not a claim alleging civil rights violations since that claim would be rendered futile by precedent regarding state-created danger claims involving children removed from, then returned to, abusive environments. He may also add a claim for punitive damages. The father may depose the assistant county attorney, but may only inquire as to her impressions of a particular meeting and to advice she gave that is at issue here. The county and employees have not shown any extraordinary circumstances warranting their proposed amendments to the scheduling order, whereas the father's is "based on a sea-change in Minnesota law."
Court: USDC Minnesota, Judge: Docherty, Filed On: September 11, 2023, Case #: 0:22cv2035, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, civil Rights, Wrongful Death
J. Breen affirms an order of the magistrate judge excluding the proposed expert opinion in this lawsuit alleging violations of an individual's constitutional rights against a correctional facility. The individual contends that the facility failed to protect him from assault "by other inmates, many of whom were gang members, during his incarceration." The magistrate judge found that the individual's proposed expert report does not include the methodology or principles used, however, and the individual fails to show that the magistrate judge's decision was clearly erroneous.
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: September 11, 2023, Case #: 1:22cv2540, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Experts
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J. King finds that the district court properly dismissed a mother's civil rights and false reporting complaint against two doctors, a detective, a prosecutor and a social worker who alleged she had abused or neglected her son. Her third amended complaint was dismissed because defendants were immune from liability and the complaint failed to state a valid claim for relief. She waived her right to appeal the dismissal of the third amended complaint because her appeal relies on facts and allegations from a proposed fourth amended complaint that was denied by the district court. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 6, 2023, Case #: 49385, Categories: civil Procedure, civil Rights, Immunity
J. Corker partially grants the dismissal motions filed in this lawsuit alleging that the pro se plaintiff is the target of "an ongoing conspiracy between defendants" to defame and extort him. The plaintiff, a content publisher who "claims to reside in Minnesota," fails to establish that venue is proper in the Eastern District of Tennessee. The court notes that dismissal is without prejudice.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 25, 2023, Case #: 2:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Venue
J. Trauger grants the city defendants' dismissal motion in this lawsuit alleging that an individual's rights were violated during his arrest, when he was knocked to the ground and officers "used a Taser on him at least four times." The individual's Section 1983 claim is barred by the statute of limitations, as he filed the complaint more than two years "after the accrual of the cause of action." Also, he fails to show that equitable tolling is warranted.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 25, 2023, Case #: 3:23cv28, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
[Consolidated.] J. Grimberg denies the individual's motion for recusal and dismisses the individual's actions against the judges and government arising from his allegedly wrongful arrest and prosecution as frivolous. Nearly all of the individual's allegations could have been addressed in an earlier case. The individual failed to show any proper grounds for recusal and he has no basis for challenging how the court assigns cases to its judges. The individual, who is proceeding pro se, cannot bring the actions both on behalf of himself and a company.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 22, 2023, Case #: 1:22cv2133, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Russell grants the defendant entities' dismissal motions in this lawsuit brought by high school students alleging that they were subjected to "sexual assault and pervasive sexual harassment." They assert claims for breach of contract and violations of Title IX. However, the claims against the board of trustees are duplicative of those against the school. The students also fail to state plausible claims against the Roman Catholic Archdiocese of Oklahoma City or the Sisters of Mercy of the Americas South Central Community. The student plaintiffs are allowed to seek leave to amend in accordance with the rules of civil procedure.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 21, 2023, Case #: 5:22cv992, NOS: Education - Civil Rights, Categories: civil Procedure, civil Rights, Education
J. Thurston allows four transgender women to intervene in a case filed by four cisgender females challenging a law that allows inmates to choose whether they want to be housed with men or women based on their own preference. The intervenors, who argue the corrections department will not adequately defend the transgender law, have "a materially distinct perspective on the issues."
Court: USDC Eastern District of California, Judge: Thurston, Filed On: August 21, 2023, Case #: 1:21cv1657, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Procedure, civil Rights, Prisoners' Rights
[Consolidated.] J. Bianco finds that the district court properly held that New York law that allows claims concerning past child sexual abuse to be brought for a limited time does not apply to federal civil rights and Title IX actions. The child victims act did not revive abuse claims under federal statutes because settled law holds that New York's personal injury limitation of three years applies. Affirmed.
Court: 2nd Circuit, Judge: Bianco, Filed On: August 17, 2023, Case #: 21-2995-cv, Categories: civil Procedure, civil Rights
J. Moody rules in part for police defendants in civil rights and wrongful death claims. The decedent was an innocent bystander to a high speed police chase that resulted in his death, but evidence does not indicate officers acted in an unreasonable manner. Meanwhile, remaining state law claims should be heard in that venue.
Court: USDC Northern District of Indiana, Judge: Moody, Filed On: August 11, 2023, Case #: 2:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Wrongful Death
J. Frensley recommends that the officials' motion for partial dismissal be granted in part in this lawsuit challenging the state's sex offender registration laws. One of the individual plaintiff's Ex Post Facto claims should be dismissed "for failure to state a claim," as the complaint does not allege that the "Registration Act is punitive in support of claim A." The court notes that a second claim properly asserts that the Act is punitive as applied to the plaintiff.
Court: USDC Middle District of Tennessee , Judge: Frensley, Filed On: August 11, 2023, Case #: 3:22cv1004, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Williams finds that the lower court properly dismissed the inmate's civil rights lawsuit against the individual employees of the Texas Department of Criminal Justice. There was no error in dismissing the case pursuant to Chapter 14. However, the order is modified to show that the dismissal is "without prejudice." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: August 10, 2023, Case #: 11-22-00044-CV, Categories: civil Procedure, civil Rights
J. Holmes recommends that the commissioner’s dismissal motion be granted and that this pro se lawsuit be dismissed in its entirety. The individual plaintiff contends that the Tennessee Department of Human Services has wrongfully attempted “some type of collection proceedings against him for child support payments.” However, he fails to clearly include the factual allegations underlying the suit. He also fails to raise any “viable legal claims for relief that save his lawsuit from dismissal.”
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: August 10, 2023, Case #: 3:23cv134, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Family Law
J. Crenshaw adopts the recommendation of the magistrate judge and grants the various defendants' dismissal motions in this lawsuit arising from a press reporter's attempt to report on a judicial conference that was being held at a hotel. The reporter contends that he was forced to leave the event in violation of his rights. However, his complaint was not timely filed, and the magistrate judge was correct not to apply the "mailbox rule" to his filing.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: August 7, 2023, Case #: 3:22cv911, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Parker adopts the magistrate judge's recommendation and dismisses the individual's claims against the fire department and the lieutenant with prejudice. The pro se plaintiff contends that he was arrested and transported to "a mental health institution" following a conversation outside a fire station. His claims stemming from the incident include "defamation in retaliation of free speech," but he fails to establish the court's subject matter jurisdiction or adequately state a claim for relief.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: August 1, 2023, Case #: 2:22cv2651, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Defamation
J. Chappell grants an officer, a judge, a prosecutor, and the state dismissal on grounds that civil rights claims brought by plaintiff constituted a shotgun pleading.
Court: USDC Middle District of Florida, Judge: Chappell, Filed On: July 27, 2023, Case #: 2:23cv513, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights