269 results for 'nos:"Civil Rights - Habeas Corpus"'.
J. Dick denies a request by 53 death row prisoners for a preliminary injunction ordering the state pardon board to hold clemency hearings under outgoing, term-limited Governor John Bel Edwards, a Democrat, dismissing their argument that they “face a real possibility of death if this preliminary injunction is not granted." The prisoners fail to demonstrate harm is imminent as a result of the cancellation of scheduled clemency hearings, and there is no evidence they will face execution before they are able to apply for clemency.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 9, 2023, Case #: 3:23CV1494, NOS: Civil Rights - Habeas Corpus, Categories: Constitution, Due Process, Jurisdiction
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
J. Talwani denies a university’s motion to strike and partial motion to dismiss the claims of a former employee suing it after he was fired with the justification being that a lack of work eliminated his position, even though there were openings in his department which he hadn’t been offered. It also hired a younger individual for one of the open positions in his department who had held the same position as him, and it failed to fully and timely pay him his final wages. While part of the former employee's complaint are inadmissible to support his Massachusetts Wage Act and age discrimination claims, they are admissible to use to support an independent claim, such as retaliation.
Court: USDC Massachusetts, Judge: Talwani, Filed On: November 2, 2023, Case #: 1:23cv11032, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Berger denies plaintiffs, transgender women, a temporary restraining order to prevent state officials from enforcing laws concerning use of public restrooms during a planned visit to Florida for a transgender march because plaintiffs failed to name official policies or laws causing them harm and failed to establish likely success on the merits.
Court: USDC Middle District of Florida, Judge: Berger, Filed On: October 6, 2023, Case #: 6:23cv1887, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights
J. Boulware grants the employees’ motion for summary judgment in this employment discrimination action brought by the white, gay senior citizens who were not hired for positions in hospital nutrition services, for which they had experience and education. Though sex discrimination and ADA claims fail, they have shown that they were qualified for the jobs to which they applied. There is no dispute that they suffered an adverse employment action.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:21cv8, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Shadid rules a case worker may pursue ADA claims against a social services organization. The case worker sufficiently showed in court that the social services human resources department failed to step in after co- workers mistreated her based on her Ehlers- Danlos Syndrome, which prevents her from producing collagen, resulting in injuries and delayed healing.
Court: USDC Central District of Illinois, Judge: Shadid, Filed On: September 29, 2023, Case #: 1:23cv1214, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. McElroy allows plaintiff to continue false arrest and malicious prosecution claims concerning his arrest for the 1988 murder of a 10-year-old girl because plaintiff sufficiently pleaded the arrest warrant included false and/or misleading statements and that he has suffered damaged due to the arrest, even after charges were dropped.
Court: USDC Rhode Island, Judge: McElroy, Filed On: September 28, 2023, Case #: 1:21cv46, NOS: Civil Rights - Habeas Corpus, Categories: Malicious Prosecution
J. Saylor partially denies a hospital’s motion for summary judgment against 160 employees suing it after it denied their applications for medical or religious exemptions to the Covid-19 vaccine. The hospital could have chosen not to accept any religious or medical exemptions based on undue hardship, but because it approved 234 exemptions, each employee making a claim based on having been rejected for the exemption has to be reviewed on an individual basis, and the number of exemptions that it takes to create an undue hardship is a matter of dispute. However, summary judgment can be granted in specific cases where an employee failed to provide proof of a medical condition.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 28, 2023, Case #: 1:21cv11686, NOS: Civil Rights - Habeas Corpus, Categories: Health Care, Covid-19, Employment Discrimination
J. Elliott denies all of a school’s motions to dismiss apart from the infliction of emotional distress claim its former employee agreed to dismiss. The school claimed it hadn’t discriminated against the former employee based on her pregnancy because it hadn’t been aware she was pregnant but it was aware at the time it fired her after her medical leave that her leave included a gynecological surgery, which it could have interpreted as pregnancy-related. Also, she has additional non-pregnancy discrimination claims which the school fails to provide substantial evidence to refute.
Court: USDC New Hampshire, Judge: Elliott, Filed On: September 27, 2023, Case #: 1:22cv104, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Health Care, Employment Discrimination