189 results for 'cat:"Civil Procedure" AND cat:"Civil Rights"'.
J. Brailsford grants the dismissal motion filed by the sheriff's office in this lawsuit stemming from an individual's arrest and subsequent detention in the Ada County Jail. The individual contends that he was subjected to a "body cavity search" and asserts claims under Section 1983 for violations of the Fourth and Eighth Amendments. However, the individual plaintiff "fails to allege the requisite facts to hold a municipality liable" under Section 1983. Also, his state law claims must be dismissed against the sheriff's office, as he did not comply with the notice requirement.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 21, 2023, Case #: 1:22cv318, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: civil Procedure, civil Rights, Assault
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J. Breen denies the pro se plaintiff's motion to alter or amend the judgment in this case pursuant to Rule 59(e). The judgment dismissed his civil rights complaint, which arose from certain "petitions to establish paternity and various child support orders." The individual plaintiff failed to object to certain findings in the magistrate judge's report. Also, certain claims are barred under the Rooker-Feldman doctrine, and others are barred by immunity.
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: July 17, 2023, Case #: 1:22cv1103, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Immunity
J. Gilman finds the lower court erroneously granted the county's motion for summary judgment on procedural grounds on an inmate's excessive force action. The inmate's failure to exhaust her administrative remedies was due, at least in part, to the prison staff's refusal to provide the proper forms or expedite the process. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: July 17, 2023, Case #: 22-1485, Categories: civil Procedure, civil Rights
J. Cota grants, in part, a daughter’s motions in limine in her civil rights case regarding the police shooting-related death of her father. Evidence of the amount of drugs in the decedent's body at the time of the shooting will excluded as irrelevant, along with his criminal history that was unknown to the officers at the time of the shooting.
Court: USDC Eastern District of California, Judge: Cota, Filed On: July 6, 2023, Case #: 2:20cv1435, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Richardson partially grants the transgender plaintiffs' request for a preliminary injunction in this lawsuit challenging a state law that prohibits minors from receiving certain medical procedures in connection with their gender identity. The plaintiffs contend that the law is unconstitutional, and they have sufficiently shown a likelihood of success on their due process claim, alleging that the law infringes on the parent's right "to direct the medical care of his or her child," as well as their equal protection claim. However, the court also finds that they lack standing to challenge the "ban on surgeries as treatment for gender dysphoria."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 28, 2023, Case #: 3:23cv376, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Health Care
J. Mays grants the individual police officer's motion for summary judgment in this lawsuit arising from a traffic stop, in which the passenger was arrested and now asserts claims for false imprisonment and excessive force. Body-camera footage from the stop shows that she was not tackled, and the individual officer in question did not open her car door or "take her phone or other possessions." Her First Amendment retaliation claim also fails, since the officers never told her to stop filming with her phone.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: June 26, 2023, Case #: 1:20cv1145, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights
J. Palk denies the sheriff's motion for summary judgment in this lawsuit concerning the death of a pretrial detainee, who was allegedly involved in a car accident and then later went into cardiac arrest at the Oklahoma County Jail. The estate's sole remaining claim alleges deliberate indifference to the detainee's medical needs, and the record indicates that his need for medical care was obvious, despite medical staff saying he was "faking it." Accordingly, there is a fact issue as to the reasonableness of relying on "the opinion of medical personnel." Also, he was not provided with follow-up care, as instructed by the hospital.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 15, 2023, Case #: 5:21cv418, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, Health Care
J. Mikva finds that the lower court improperly denied a father's motion for leave to file a third amended complaint in a suit stemming from a fatal police shooting. There appears to be new information about the shooting that was not included in the record, including footage from body-worn police cameras and witness testimony from other passengers in the car. Reversed in part.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: June 9, 2023, Case #: 220245, Categories: civil Procedure, civil Rights
J. Yun finds, on first impression, that the public integrity statute does not bar a third party from intervening when the attorney general files a civil complaint against a government entity based on a reasonable belief that the government entity violated individual civil rights. The state sued to enjoin a city fire department from using ketamine or other chemical sedatives at the direction of police. The trial court erred in denying a request by a firefighter and EMT union for intervention in the case. The union may not intervene as of right, but a district court may grant a request for permissive intervention if the applicant shares a question of law or fact in common with the main action. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: June 8, 2023, Case #: 22CA0988, Categories: civil Procedure, civil Rights
J. Delaney recommends granting, in part, an individual’s motion to add claims to his pro se excessive force case. Granting leave to add certain claims will not cause a substantial delay, the parties have been on notice of the claims and do not show they will suffer prejudice from the amendment.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: June 7, 2023, Case #: 2:18cv2420, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Procedure, civil Rights
Per curiam, the appellate division finds that the lower court properly denied the plaintiff's motion for a stay of these proceedings pending resolution of a related criminal action. Plaintiff did not make the application for stay until after he was already deposed, and the court already precluded him from testifying on any matter for which he invoked his Fifth Amendment privilege. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02968, Categories: civil Procedure, civil Rights