2,816 results for 'cat:"Civil Rights"'.
J. Biggs partially sustains a civil rights advocacy organization’s rejection of a magistrate judge’s memorandum opinion and recommendation in this ongoing voting rights suit. The judge incorrectly employed the moot doctrine because, although an amendment to a bill — which would prosecute anyone convicted of a crime if they vote — included a scienter requirement, the organization still has a concrete interest in the outcome of this litigation. The scienter requirement is still not specific enough about how someone convicted of a crime would restore the rights of their citizenship, so it is too vague and violates equal protection and due process rights. Thus, the organization still has a demonstrable interest, which the judge should have recognized, and the organization can proceed on a summary judgment motion.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: April 22, 2024, Case #: 1:20cv876, NOS: Voting - Civil Rights, Categories: civil Rights, Constitution, Elections
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. VanDyke finds that the district court improperly denied a Redwood City police officer qualified immunity in an action alleging constitutional and state law violations arising from the deadly shooting of an individual. Officers responded to a call involving a man attempting suicide with a knife in his backyard. When they arrived, they found the man’s wife covered in blood and frantically pleading for help. After making contact with police, the man moved toward officers while brandishing the knife and was subsequently shot and killed by one officer. Decedent's family failed to show that the officer’s conduct was objectively unreasonable. Reversed.
Court: 9th Circuit, Judge: VanDyke, Filed On: April 19, 2024, Case #: 22-17008, Categories: civil Rights, Immunity
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
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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
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. 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. Stacy finds the district court properly dismissed this tort suit. The inmate alleges correctional services medical staff negligently determined he was mentally ill, involuntarily administering the antipsychotic "Haldol" by injection. Being the involuntary injection was a battery, it falls under the battery exemption, conferring sovereign immunity. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: April 19, 2024, Case #: S-23-627, Categories: civil Rights, Immunity, Prisoners' Rights
J. Altice finds that the trial court properly ruled in civil rights claims because evidence indicates an inmate was provided regular access to medical care, and nothing indicates correctional officers acted indifferently toward him. Meanwhile, the inmate failed to establish he suffered injury absent a showing that he served time in jail based upon levied sanctions. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: April 18, 2024, Case #: 23A-CT-1564, Categories: civil Rights, Negligence, Prisoners' Rights
J. Lagoa finds that the district court properly ruled in favor of the sheriff and deputy in a civil rights action brought by the widower arising after the deputy fatally shot his wife while responding to a 911 call about her suicide attempt. The district court correctly instructed the jury on excessive force and the Baker Act. The modified pattern instructions on excessive force were properly tailored to the scenario the deputy encountered, which did not involve a criminal arrest, and designed to avoid needlessly confusing the jury. Although the Baker Act instruction was incorrect, the error was not prejudicial. The evidence allowed the jury to find that the deputy was justified in determining that the wife could not decide for herself whether a voluntary examination was necessary. The intoxicated wife was holding a knife and told the deputy to shoot her. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 18, 2024, Case #: 22-11106, Categories: civil Rights, Jury, Police Misconduct
J. Campbell grants in part the Tennessee NAACP's motion for summary judgment as to certain counts in this lawsuit concerning the state's voter registration forms and its processing of those forms, particularly as it relates to individuals convicted of a felony. The court concludes that the forms at issue fail to comply with the National Voter Registration Act requirement to inform "applicants of voter eligibility requirements." The court cannot establish the "level of specificity" required, however, based on the parties' insufficient briefing.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: April 18, 2024, Case #: 3:20cv1039, NOS: Voting - Civil Rights, Categories: civil Rights, Elections
J. Horton finds that the lower court properly ruled for the defendant restaurant operator in this lawsuit brought by a pair of customers alleging race discrimination under the Maine Human Rights Act, based on an alleged racial slur by one of the restaurant's employees. The lower court did not err in determining that the company was not vicariously liable for the employee's actions, as the company has a zero-tolerance policy regarding discrimination and promptly responded to the customer's complaint. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 18, 2024, Case #: 2024ME27, Categories: Civil Procedure, civil Rights, Employment
J. Mortensen finds that the trial court improperly dismissed a customer's discrimination claim against a Burger King franchise owner. Respondeat superior vicarious liability applies to the Civil Rights Act and a jury must determine whether a shift supervisor was acting within the scope of her employment when she used racial epithets and enlisted a friend to assault the customer. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20221003-CA, Categories: civil Rights, Tort
J. McShane finds in favor of the nonprofit association against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student did not have an individualized education plan and thus did not require the waiver, because the student had education success plans all throughout his high school education, and he does not present any evidence that the available academic support systems were insufficient in helping him graduate.
Court: USDC Oregon, Judge: McShane, Filed On: April 18, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, Education
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. Eifert grants the university's motion for a protective order relating to to the deposition of the university’s president in a student's civil rights suit claiming the university retaliated against her by charging her with violating the Student Code of Conduct for underage drinking after she reported being sexually assaulted by a fellow student at an off-campus watch party. Since she has not shown any "special, additional, or unique information" the president may have on how the university has implemented Title IX polices aside from what others in his administration provided, the court prohibits the student from taking his deposition.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 17, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Procedure, civil Rights, Education
[Consolidated.] J. Joseph grants motions for judgment in this civil rights matter. The mother and sister of a 17-year-old boy who was killed by a former police officer were in the county protesting the district attorney’s decision not to prosecute the former police officer for the death. During what they claim was a peaceful protest, they allege they were forcibly removed from their vehicle and assaulted by police. In a separate complaint, a driver claims he was driving home from work when police rammed his vehicle with an armored vehicle and armed officers surrounded him. He argues his vehicle was unlawfully searched and he was arrested without probable cause. The complainants fail to identify anyone for whom fresh claims may be brought, and all other claims are duplicative, as they were already addressed in prior litigation.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: April 17, 2024, Case #: 2:23cv1321, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, Police Misconduct
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. St. Eve finds that the lower court properly found for the county in a family's suit following a man's suicide in jail. The deceased gave jail staff no indication that he was a threat to himself. The staff's delay in waiting for 20 minutes to tell the man to take down a bedsheet obscuring the view of his bed was not unreasonable given that many inmates put sheets up just for privacy and the jail had never had a suicide before. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 17, 2024, Case #: 23-2141, Categories: civil Rights, Wrongful Death