2,407 results for 'nos:"Other Civil Rights - Civil Rights"'.
J. Kahn finds the court only has subject matter jurisdiction over a conservative student group’s claims that are asserted on behalf of its members and not behalf of itself because it is not a legally recognized entity and subsequently dismisses those claims. The student group claims SUNY Binghamton University and an opposing liberal student group stifled their free speech rights in connection with campus talk it held in 2019 with a prominent conservative economic advisor favoring Trump-era policies, which was disrupted by liberal-leaning students and ultimately resulted in the suspension of their organization’s status.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: May 19, 2023, Case #: 3:20cv822, NOS: Other Civil Rights - Civil Rights, Categories: Education, Jurisdiction, First Amendment
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J. Settle dismisses the teacher's claim that Director of the Washington State Department of Retirement Systems Tracy Guerin allowed the department to not account for the daily interest the teacher earned for his Teachers Retirement System Plan 2 retirement funds when he transferred the funds to TRS Plan 3. The teacher's claim is subject to a three-year limitations period, which already expired.
Court: USDC Western District of Washington, Judge: Settle, Filed On: May 19, 2023, Case #: 3:15cv5367, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Gonzalez finds in favor of a NYPD officer on the litigant’s remaining malicious prosecution claim. The claim, which stems from charges that he obstructed governmental administration when he prevented first responders entry into his apartment on suspicions of child abuse, had been dismissed prior to trial, but was later reinstated by the U.S. Supreme Court after trial and remanded back to district court. The court finds the officer is entitled to qualified immunity and a jury would not have been able to conclude he lacked probable cause to arrest the litigant for failure to allow entry.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 18, 2023, Case #: 1:14cv7349, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Police Misconduct
J. Silva grants the county’s motion for summary judgment in this suit brought by its former employee alleging wrongful termination and disability and race discrimination, and that she was fired for filing a workers’ compensation claim. It is undisputed that the employee failed to present any claim within two years of her termination, and that claim is time-barred. The employee was a temp worker, and the only evidence in the record indicating a hostile work environment is her own subjective, unsupported belief that her coworkers’ rudeness was based on her race.
Court: USDC Nevada, Judge: Silva, Filed On: May 18, 2023, Case #: 2:20cv1811, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Peterson finds in favor of the county and police officers in a lawsuit from the surviving family of an inmate who died by hanging while he was detained at the county's jail, which the family's Eighth and 14th Amendment claims assert happened because the officers failed to reasonably protect him and prevent his suicide. Based on the facts in the record, and applying the objective reasonableness standard, the officers and jail staff either could not have known or would not have reasonably believed the inmate was suicidal based solely on his bizarre behavior and statements, including hitting himself and talking about "demonic" things. Because the claims against the county about the adequacy of its screening and cell check protocols also fail, summary judgment is granted to the county and officers and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 18, 2023, Case #: 3:22cv241, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Wrongful Death
J. Bernal finds in favor of the school district on the farm owner’s claim that the district violated his First Amendment rights when it stopped using the farm for student field trips in 2018 after the farm owner posted on Facebook that “black supremacy” was more concerning than “white supremacy.” The school board affirmed that there is not a district policy barring or discouraging field trips to the farm. Although the farm owner argues that there have been no field trips to his farm since 2018, he is unable to present evidence that this is so because of a district policy.
Court: USDC Central District of California, Judge: Bernal, Filed On: May 18, 2023, Case #: 5:18cv2185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, First Amendment
J. Cabell denies, in part, a mayor's motion for summary judgment on an individual's claims related to a city's refusal to grant him certain permits to develop a subdivision. Genuine issues of fact remain concerning the individual's claim for interference with contractual or economic relations.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 18, 2023, Case #: 1:16cv11575, NOS: Other Civil Rights - Civil Rights, Categories: Real Estate, Zoning, Contract
J. Pacold partially grants an LGBTQ event planning organization’s motion for a preliminary injunction against a northern Illinois city, striking a city rule that would clear it of liability for the 2023 Aurora Pride Parade. The injunction also bars the city from charging the parade organizers for the cost of police services at the event. In the underlying First Amendment case, the LGBTQ organization claims the city revoked its event permit leading up to the 2022 Pride Parade in retaliation for the decision not to allow uniformed cops to march in the parade. The city then reinstated the permit at the last minute, but stuck the organization with the bill for police security hours at three times the normal hourly rate.
Court: USDC Northern District of Illinois, Judge: Pacold, Filed On: May 18, 2023, Case #: 1:23cv259, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct, Injunction
J. Simon grants the Scappoose city councilor's motion for a preliminary injunction to stop the supervisors from banning him from attending in-person meetings for the Columbia 9-1-1 Communications District. The supervisors claim they banned the councilor due to his inappropriate texts and behavior. However, there are doubts that the supervisors' actions were a prompt corrective remedial action because there is evidence that they knew about the complaints against the councilor since February 2020, but the ban took place in February 2023. The only evidence of this inappropriate behavior is the contradictory declarations of his fellow employees.
Court: USDC Oregon, Judge: Simon, Filed On: May 18, 2023, Case #: 3:23cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Injunction
J. Martinez partially grants discovery requests by a Christian organization that sued Sandia National Laboratory after the lab allegedly attempted to remove the Christian organization as an “employee resource group” because the group requires that leaders “sign a statement of faith.” While the lab has opposed a “‘wholesale’ extension of discovery,” the group has shown good cause to depose two more people: the leaders of the American Indian Outreach Committee and the Black Leadership Committee, both of which the Christian group argues have similar requirements in their charter.
Court: USDC New Mexico, Judge: Martinez, Filed On: May 17, 2023, Case #: 1:22cv267, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, First Amendment
J. Mannion finds that plaintiff, who called 911 in the throes of a mental health crisis, may continue disability discrimination claims brought after Pennsylvania state police officers shot him three times as he was surrendering his firearm following a standoff because the officers may not have acted with regard to plaintiff's psychiatric disorders, including depression, bipolar disorder, and post-traumatic stress disorder, all of which may constitute disabling conditions.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: May 17, 2023, Case #: 3:22cv1107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Stadtmueller finds partially in favor of the school district in a lawsuit alleging two Black girls were the targets of pervasive physical and verbal racist harassment at the district’s elementary, middle and high schools which the district did not do enough to investigate or remedy, including being called the “N-word” and bullied with racist stereotypes about Black people. Many of the incidents cited could be found by a reasonable jury to be racist in nature, including several instances of peer-to-peer bullying about the girls’ appearance and school officials’ handling of an incident in which the younger girl brought a toy airsoft gun on the bus and received a one-day suspension. However, because the record shows school officials adequately responded to the younger girl’s cases, the district is granted summary judgment on her Title VI deliberate indifference claims, but that motion is denied as to the older girl’s corresponding claims. The younger girl’s Title VI disparate treatment claim over the airsoft gun incident will proceed, as the record shows her discipline for that may have been harsher and shaped by her race. Fourteenth Amendment claims against an intermediate school principal are unsupported by evidence and dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 17, 2023, Case #: 2:21cv1284, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Education
J. Kennelly partially grants the Chicago public school board’s motion for summary judgment and denies a former student’s motion for summary judgment in this case over compulsory meditation training. The former student says his teachers forced him to sign up for a class on Transcendental Meditation against his will, and didn’t tell him that Transcendental Meditation had links to Hindu spiritual traditions. The court finds the former student has not sufficiently shown that his religious expression rights were infringed upon, so it grants the school board summary judgment on that claim. The former student’s emotional damages and establishment clause claims survive.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: May 16, 2023, Case #: 1:20cv4540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages, First Amendment
J. Estudillo finds that the female deputy is entitled to summary judgment on the mother's claim for excessive force as part of her wrongful death lawsuit stemming from the fatal shooting of her son by a male deputy. It was "not clearly established that using a mandibular headlock" to remove the son from his vehicle violated his Fourth Amendment rights. The mother does not identify cases sufficient to put the female deputy on notice that her actions were unlawful, so she is entitled to qualified immunity.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: May 16, 2023, Case #: 3:22cv5101, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, Police Misconduct
J. McNulty finds for the city and rules in part for officers in claims contending police attacked and falsely arrested a bar manager outside his business after he fired a gun during a party. A jury must determine whether one officer had justifiably fired his weapon after the manager discharged his own firearm, but evidence indicates another officer struck the manager at the beginning of the altercation without identifying herself as a police officer. Meanwhile, the manager did not present evidence indicating that the decision to suspend the officers had been an inappropriate disciplinary response.
Court: USDC New Jersey, Judge: McNulty , Filed On: May 16, 2023, Case #: 2:19cv16853, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Heil grants the dismissal motions filed in this pro se lawsuit arising from an arrest warrant, which the individual plaintiff contends was "improperly obtained." The state officers are entitled to sovereign immunity as to the claims against them in their official capacities, and the individual plaintiff has failed to adequately plead his remaining claims.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: May 16, 2023, Case #: 4:20cv365, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Immunity
J. Bowen finds in favor of the sheriff's department, sheriff and sheriff's deputy in a civil rights and excessive force action brought by family members after the decedent's death in a police car chase. The family members failed to show that the deputy violated any clearly established law by employing a PIT maneuver against the decedent's vehicle to end the chase. The deputy had a reasonable belief that the decedent posed a risk of serious harm to the public and to the deputy due to reckless driving.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: May 16, 2023, Case #: 3:21cv22, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Estudillo finds in favor of the unions against the think tank's claim that the unions tried to stop the think tank's opt-outs for their public employees by refusing their mail. The think tank lacks standing to make its claim, because mailing an opt-out card on a public employee's behalf is "not crucial to its ability to educate and assist union registration," and the think tank does not identify any employees who tried to resign from one of the unions but was unable to do so.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: May 15, 2023, Case #: 3:22cv5273, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Labor / Unions
J. Berger grants three Parkersburg Police officers’ motion to dismiss a resident’s claims they violated his First and 14th Amendment rights when they attempted to dissuade him from filing criminal charges against a Williamstown Police officer on April 24, 2022, after the officer and two of his sons assaulted the man, believing him to be the person they saw on their home security camera earlier attempting a break-in. The court finds the resident failed to make in his complaint any plausible claim how the non-assailant officers would potentially retaliate against him if he pressed charges against his assailants.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: May 15, 2023, Case #: 2:23cv180, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct