2,407 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Evanson denies the police officer summary judgment for the family's 14th Amendment claim in their complaint accusing the city's officers of wrongfully and fatally shooting their loved one on Nov. 1, 2020, after they attempted to bring him in for questioning for a domestic violence situation. The city concedes that it is unclear if the police officer is entitled to qualified immunity because the court denied its motion to strike evidence that the family relied on in their opposition.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: April 19, 2024, Case #: 3:22cv5759, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Marshall grants the protester $1.1 million in attorney fees after a jury found in his favor and awarded him $85,000 in damages on his excessive force and Monell claims that were part of his complaint alleging that the city's officers beat him for participating in a protest against the murder of George Floyd. The city requests a fee reduction because the protester did not prevail on all of his claims, but "the time spent on claims for which plaintiff did not prevail cannot reasonably be separated from time spent on claims on which plaintiff did prevail."
Court: USDC Central District of California, Judge: Marshall, Filed On: April 19, 2024, Case #: 2:21cv6470, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, Police Misconduct
J. Boom finds for the housing authority in civil rights claims because evidence indicates a tenant's support dog had a history of aggression towards other residents, and his request for accommodations allowing the dog to be kept off-leash was unreasonable. Meanwhile, the tenant failed to demonstrate he had been retaliated against or subjected to a hostile living environment.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: April 19, 2024, Case #: 3:22cv463, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Housing
J. Clarke denies the paramedics summary judgment for the family's complaint alleging that the fire station denied their loved one ambulance care, forcing her domestic partner to drive her to the hospital, and causing her to die from a cardiac event on the way. The paramedics claim that they have qualified immunity, but the family sufficiently argues that their loved one had a constitutional right to be free from state-created danger, which can overcome the presumption of qualified immunity. Also, it is unclear if the paramedics knew the danger they created with their actions.
Court: USDC Oregon, Judge: Clarke, Filed On: April 19, 2024, Case #: 1:22cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Rice denies the county summary judgment for the family member's claim that the regional justice center's medical staff did not properly check on or care for the detainee, leading to her death. The family member can hold the county liable under a Monell theory of liability, specifically for its ratification of a policy that does not train its staff to treat and monitor inmates for detox and withdrawal. Also, the death of another inmate, who died under similar circumstances in the county's custody, is admissible evidence.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 19, 2024, Case #: 2:22cv308, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Wrongful Death
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J. Aiken denies the government's motion to stay proceedings while its writ of mandamus is pending in the 9th Circuit. The young activists claim that the government knowingly destabilized the Oregon population's climate system by approving of the Jordan Cove Liquified Natural Gas Terminal in Coos Bay, which became the largest source of carbon dioxide emissions in Oregon. The government and others repeatedly delayed the case from entering the evidentiary phase for almost 10 years, and they do not identify any new issues that would justify a further stay or convince this court that the 9th Circuit is likely to grant the petition for mandamus.
Court: USDC Oregon, Judge: Aiken, Filed On: April 19, 2024, Case #: 6:15cv1517, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Environment, Government
J. Kennelly partially grants a former Chicago public school student’s motion for class certification, for all students who “participated in the Quiet Time program in Chicago Public Schools during Chicago Public School’s academic calendar” between 2015 and 2019, and turned 18 on Jan. 13, 2021, or later. The court finds the student has sufficiently alleged the public school system’s “Quiet Time” program had “hidden” Hindu religious elements, such as chanting Sanskrit mantras that honored Hindu deities.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 19, 2024, Case #: 123cv218, NOS: Other Civil Rights - Civil Rights, Categories: Education, Class Action, First Amendment
J. Carter denies the council's motion for a preliminary injunction against the state's age-based sales restriction on diet pills and supplements for muscle building that contain ingredients other than protein. The state has a legitimate governmental interest in protecting minors from access to dietary supplements that are connected to eating disorders. Further, the law does not regulate the supplement-maker's speech or the manner in which they advertise their products, just that customers show verification they are over age 18 to purchase the products.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 19, 2024, Case #: 1:24cv1881, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Restraining Order, First Amendment
J. Novak denies the department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Employment Discrimination
J. Flanagan grants a community college’s motion to dismiss allegations of fraud and Fifth Amendment violations brought by a barber academy. The academy’s owner claims the college pressured him to give up his barbering license after it was suspended because the college could not get a barber school license without owning a barber school, and the owner did own one. Then, someone from the college allegedly sent the college’s board a fraudulent application, falsely claiming that the college owned the barber school on the owner’s property. However, the claims against individuals these for actions, all apparently committed before 2014, are time-barred. Claims against the college and board are dismissed for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 19, 2024, Case #: 4:23cv80, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Fraud, Jurisdiction
J. Perez-Montes grants a request by a former district attorney to stay discovery in the malicious prosecution and false imprisonment suit by a criminal defendant who spent 44 years in prison for two rapes committed in 1977. His conviction was overturned and the current prosecutor declined to re-try him. The former district attorney has shown good cause to stay discovery of the sole remaining charge against him – fabrication of evidence – pending other requests regarding immunity. The defendant-turned-litigant will not be disadvantaged by the stay of his suit.
Court: USDC Western District of Louisiana , Judge: Perez-Montes, Filed On: April 18, 2024, Case #: 1:22cv1971, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Discovery
J. Chesney dismisses wrongful death claims against Contra Costa County officials stemming from the death of a foster child who had been placed in the care of a foster parent chosen by the county. The complaint has already been tossed twice before, and the same issues persist on its third version. The county was not presented with a claim by the proper date, shielding officials from the claims.
Court: USDC Northern District of California, Judge: Chesney, Filed On: April 18, 2024, Case #: 3:19cv7152, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death
J. Smith grants the solid waste director’s motion to dismiss this complaint brought by a citizen who claims he was deprived of procedural due process and his constitutional rights were violated. The citizen alleges he was served a summons for not paying the solid waste collection fee, even though he is allegedly exempt from participating. He was convicted and ordered to pay fines and restitution, but later that was dismissed and never validated. The court concluded he failed to state a claim, declares the collection fee is mandatory, and finds the statements made by the director did not constitute fabricated evidence.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 18, 2024, Case #: 5:24cv23, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Due Process
J. Cain denies summary judgment to four corrections officers on excessive force claims by an inmate who they say has a history of violent and defiant behaviors and expressing homicidal ideation. A prison video over his cell suggests he “may have taken one step for one second outside of his cell; it does not show that he was attempting an escape or that he completely walked out of his cell.” The video does not show what occurred inside Cell 13, nor is there audio to determine if the inmate was ordered back into his cell.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 18, 2024, Case #: 2:20cv1042, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
J. Kim grants, in part, a woman’s motion to compel a county’s deposition and production of documents in her excessive force case. Certain requested information, such as complaints made against local police officers, where the city started disciplinary actions against officers who used excessive force and investigations into officers' use of force, is relevant to her case.
Court: USDC Eastern District of California, Judge: Kim, Filed On: April 18, 2024, Case #: 2:22cv1936, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Stadtmueller rules in part for the estate in wrongful death and negligence claims. The mother may only proceed without legal representation if she is the sole beneficiary of the decedent's estate, and she must file proof with the court to demonstrate such. Meanwhile, negligent medical care claims must be dismissed since they were not timely filed.
Court: USDC Western District of Wisconsin, Judge: Stadmueller, Filed On: April 18, 2024, Case #: 2:24cv348, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Negligence, Wrongful Death
J. Larimer allows a detainee to continue claims contending correction officers assaulted him for complaining that one of them sexually assaulted his girlfriend when she visited him at the facility, as the detainee's expert report had been timely disclosed more than 90 days before trial. Meanwhile, eyewitness testimony supports the allegation that officers participated in the assault, and evidence indicates the officers had been aware of the detainee's complaint at the time.
Court: USDC Western District of New York, Judge: Larimer , Filed On: April 17, 2024, Case #: 6:19cv6189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Boasberg denies the apartment manager's motion for judgment on the pleadings in the driver's suit alleging that its privately hired "special police officers" improperly assaulted him and pepper sprayed him while he was handcuffed, threatening to take his children away before determining that they did not have authority to make traffic stops or probable cause to arrest him. The driver's first amended complaint does not "necessarily rely" on the existence of a contract between it and its security contractor, and therefore the contract was not incorporated by reference into the complaint and need not be considered at this time. He has adequately argued vicarious liability for the purposes of this motion, though he may not for a summary judgment motion. A motion to amend is granted as to certain clarifying amendments, but the driver is not granted leave to add new entities as defendants. He may add certain additional claims against the security contractor.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 17, 2024, Case #: 1:22cv3098, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Premises Liability
J. Robinson denies a civilian's motion to stay proceedings pending the outcome of a decision from a Supreme Court concerning claims of viewpoint-discrimination against a county commission. The county commissioners sufficiently showed in court that the civilian, who referred to them as "child abusing motherfuckers," is not entitled to relief based on qualified immunity.
Court: USDC Kansas, Judge: Robinson, Filed On: April 17, 2024, Case #: 5:24cv4005, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Cogburn partially grants an incarcerated trans woman’s renewed motion for summary judgment in her suit against North Carolina’s Department of Public Safety after it denied her request for gender-affirming surgery. A doctor on the state’s Division Transgender Accommodation Review Committee stated that gender-affirming surgery would never be a medical necessity to treat gender dysphoria, although the state has recognized gender dysphoria as a serious mental health issue that may require such surgery. By having stated “never,” the doctor has violated the woman’s Eighth Amendment right requiring prison administrators to give individualized medical evaluation to incarcerated people’s treatment requests. The department of public safety must either grant the woman’s request or form a new committee excluding this particular doctor.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 16, 2024, Case #: 3:22cv191, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Lgbtq, Prisoners' Rights
J. Bencivengo finds that a woman whose conviction for murdering her husband with a hammer was vacated may pursue civil rights claims against the County of San Diego and certain police officers. The woman sufficiently alleges that the county crime lab mishandled evidence and produced "at least four error ridden forensic reports." Her allegations that the crime lab was not accredited and had no manual for the proper handling of evidence are also sufficient to bring Monell claims against the County.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: April 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct