2,407 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Gillmor dismisses a complaint by a former government accusing her union of filing a grievance on her behalf when she was fired over Covid-19 vaccination requirements. The employee does not make any direct claims of religious or otherwise discrimination that led to the union not filing. The employee’s complaint is more focused on her actual employer, who is not a defendant, and barely addresses the union’s role.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 15, 2024, Case #: 1:23cv335, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Labor / Unions
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J. Albregts refuses to dismiss a black worker's pro se race and national origin discrimination and retaliation claims to proceed. The temp employee says it took longer than normal to receive an offer for full-time employment from Crocs. He also had difficulty obtaining his employee discount code and was ignored when he sought help. That the employee was reassigned after complaining, among other specific allegations, is sufficient to allege retaliation.
Court: USDC Nevada, Judge: Albregts , Filed On: April 15, 2024, Case #: 2:24cv582, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Urias denies, in part, the sheriff's department's motion to dismiss, ruling the detective's allegations of frivolous disciplinary write-ups and a demotion after he reported misconduct by several coworkers and the undersheriff are sufficient to support his claim for violations of the New Mexico Whistleblower Protection Act. However, even though the detective's reports of misconduct qualify as protected speech, his First Amendment retaliation claim must be dismissed because he fails to show how any of the individual defendants violated his free speech rights.
Court: USDC New Mexico, Judge: Urias, Filed On: April 15, 2024, Case #: 2:23cv355, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Retaliation, First Amendment
J. Docherty grants the insurers' motions to compel discovery and a deposition and denies the driver's motion to compel a deposition in the driver's suit arguing that he was improperly denied a policy for a classic car because he does not own a daily-use car. The driver failed to comply with meet-and-confer requirements and has not fully responded to discovery requests, and the insurers' requests seek relevant information, and are proportional to the needs of the case.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 12, 2024, Case #: 0:23cv525, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Discovery
J. Liman tosses a legal challenge against the U.S. Eastern District Court’s rule of automatically assigning related cases filed by self-represented litigants to the same judge. In this case the litigant, a father, filed several suits related to his state child custody hearings, each of which were assigned to the same judge, who promptly dismissed the cases for various reasons. The court rules the system does not violate pro se litigants’ equal protection or due process rights.
Court: USDC Eastern District of New York, Judge: Liman, Filed On: April 12, 2024, Case #: 1:23cv4330, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Due Process, Equal Protection
J. Reznik denies the county's request to claw back certain inadvertently disclosed documents. The county failed to object to the use of the documents as an exhibit during a deposition, allowing a witness to answer questions about them, so it waived its right to object to the disclosure.
Court: USDC Southern District of New York, Judge: Reznik, Filed On: April 12, 2024, Case #: 7:21cv10644, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Privilege
J. Morgan refuses to dismiss for insufficient evidence conspiracy and excessive force claims filed by a black woman who stands 4-foot 8-inches tall and weighs less than 100 pounds. The woman claims that she was walking home after being attacked by teenagers when the deputy, who was responding to a 911 call about a fight, grabbed her by the hair, lifted her off the ground and slammed her to the ground. He remains on the force despite an alleged history of disciplinary infractions and public complaints of excessive force against minorities. She has sufficiently stated a “causal link” between the allegedly deliberately indifferent practices of the sheriff’s office and the deputy’s use of excessive force against her.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 12, 2024, Case #: 2:22cv3332, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Evidence, Police Misconduct
J. Sánchez grants Philadelphia’s motion to preclude a “2021 Philadelphia Police Advisory Policy, Practice, and Custom Report” that documents the department’s process for civilian complaints against police; this case stems from the suing civilian’s wrongfully conviction for murder, for which he was put on death row for 25 years. He did not explain if the report discusses similar conduct to the kind that took place during his own arrest.
Court: USDC Eastern District of Pennsylvania, Judge: Sanchez, Filed On: April 12, 2024, Case #: 2:18cv2689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Evidence
J. Foschio rules in part for police and corrections officers in claims contending police falsely arrested a drug addict and failed to prevent him from committing suicide while detained, even though he had expressed suicidal ideation, as corrections officers failed to place the detainee in special medical housing under close monitoring. However, evidence did not indicate the decedent provided support or services to surviving family in order to justify pecuniary or compensatory damages, or that any officer intended to interfere with the decedent's familial relationships.
Court: USDC Western District of New York, Judge: Foschio , Filed On: April 11, 2024, Case #: 1:22cv766, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Orrick allows some negligence claims to survive against San Francisco from an engineer with the city's utilities commission who was attacked by a trio of knife-wielding men when he was within minutes of his job site. He returned to work after the incident, but while working on the job site, was still being subjected to racial slurs and threats from at least one of his attackers. The engineer says he filed complaints with the city and his bosses in an effort to increase security and make accommodations for him, but the city would go on to "medically separate" him. There is conflicting evidence on the record as to whether this was a factor for the engineer later not returning to work or if it was purely out of safety concerns, and the record needs to be expanded further to help resolve some of those questions.
Court: USDC Northern District of California, Judge: Orrick, Filed On: April 11, 2024, Case #: 3:22cv3174, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Wicks reaffirms the court’s decision granting summary judgment in favor of the Nassau County Police Department on an officer’s Fourth Amendment claims after finding the department had sufficient cause to subject him to a drug test while he was out on sick leave on suspicions that he was abusing pain medication for a hand injury. The officer fails to present any new evidence or change in controlling law which would justify overturning the court’s decision.t
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 11, 2024, Case #: 2:19cv2236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Daniel denies a pro se litigant’s motion for sanctions against the Aurora police he says arrested him without probable cause, and who now have violated their discovery obligations. The court also denies the litigant’s motion for summary judgment on all his claims against the police, and mostly grants the police’s motion for judgment on the same claims. Of eight claims brought against multiple police and the city of Aurora itself, the court will allow only a single failure to intervene claim against one officer, and two indemnification and failure to train claims against the city, to move forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: April 11, 2024, Case #: 1:21cv4606, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Indemnification, Police Misconduct
J. Peterson partially grants the motion for summary judgment from the city, city officials and fire and police commission in a lawsuit from a firefighter claiming his First and 14th Amendment rights were violated when, among other things, he was demoted from his position as assistant fire chief and had a restraining order entered against him when he began arriving at fire scenes while he was on leave. The firefighter's due process claim against the city and the commission will proceed to trial, as there is a dispute regarding whether he was deprived of his property interest in his position through his demotion after a change in the law governing how such employment decisions are made. Summary judgment is granted to the city, officials and commission on all of the firefighter's remaining claims, and the individual officials are dismissed as parties.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 10, 2024, Case #: 3:22cv640, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Pepper gives the citizen until June 7, 2024, to file an amended complaint in his pro se lawsuit claiming excessive force and other violations of his rights during two confrontations with police in the 1990s, as the current complaint fails to state clear claims and, as currently pleaded, the claims in the current complaint appear to be time-barred.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 10, 2024, Case #: 2:23cv614, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Dever dismisses with prejudice a former police chief’s motion to amend his complaint against a municipality and certain of its staff members, alleging they discriminated against him because he is Hispanic and blind in one eye. For instance, the town manager allegedly micromanaged the chief and made racist comments to him, such as “[you] should learn to dance the salsa.” The chief also cites not having been given a pay increase at the same time as others in similar positions, although he previously fought this and succeeded. He also claims constructive discharge based on his negative experiences, but the behavior of the manager and others does not rise to the level of discrimination under the 14th Amendment’s equal protection clause.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv446, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, Employment Discrimination, Employment Retaliation
J. Duggan grants two police officers' motion for summary judgment concerning an estate representative's unlawful search and seizure claims. The police officers sufficiently showed in court that they were obligated to search the vehicle of a civilian, now deceased, after he showed up to a property, in violation of a protective order launched by a female associate.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: April 9, 2024, Case #: 3:18cv1464, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence