247 results for 'cat:"Civil Rights" AND cat:"Constitution"'.
J. Boggs finds that while all of the Michigan state officials may not have been entitled to sovereign immunity, the lower court properly dismissed the class action suit filed by the registered sex offenders because the class failed to establish supervisory liability for the enforcement of unconstitutional reporting requirements under now-rescinded portions of the state's Sex Offender Registry Act. The governors and directors of the Michigan State Police may not have informed their subordinates they could no longer enforce certain portions of the Act, but this failure is too tenuous a connection between the parties to establish supervisory liability. Affirmed.
Court: 6th Circuit, Judge: Boggs, Filed On: May 30, 2023, Case #: 22-1925, Categories: civil Rights, constitution, Class Action
J. Joseph recommends a finding in favor of the municipalities, municipal officials and others in a lawsuit from property owners alleging in part that officials conspired to discriminate against them, falsely issued them tickets for having “animals at large” and failed to address needed repairs at their property. The magistrate says the property owners’ complaint should be dismissed, as their claims under the U.S. Constitution and state and federal law either fail to allege valid claims for relief or do not establish jurisdiction. Because the property owners have already amended their complaint once, leave to amend it again is denied as unwarranted.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: May 23, 2023, Case #: 2:23cv422, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Property
J. King finds the lower court improperly granted summary judgment to the concerned Asian American parents. The challenged admissions policy’s central aim is to equalize opportunity for Black and Latino students hoping to attend one of the nation’s best public schools disproportionately populated by Asian American and white students. The coalition failed to show how the Board discriminated against Asian American students by widening the net for students of all backgrounds. Reversed.
Court: 4th Circuit, Judge: King, Filed On: May 23, 2023, Case #: 22-1280, Categories: civil Rights, constitution, Education
J. Faber grants the Mercer County Sheriff’s Department’s motion for summary judgment in a woman’s civil rights lawsuit claiming a deputy used excessive force when he placed handcuffs on her too tight while transporting her from jail to court for an appeal hearing on her misdemeanor conviction for domestic battery. The court finds the deputy is entitled to qualified immunity since the “court has not located nor have the parties pointed to a single case that would have put [the deputy] on notice that his refusal to loosen Pennington’s handcuff would violate her
constitutional rights.”
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: May 23, 2023, Case #: 1:21cv335, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, Police Misconduct
J. DeGravelles denies a request by a doctor at a parish jail, refusing to dismiss constitutional claims against him by the family of a prisoner who died from brain cancer. The family alleges that the physician’s denial of a life-saving medical device, an Optune, violated both state human rights law and his constitutional right to medical care. The doctor’s refusal to provide the device, despite “full knowledge” that the inmate needed it, constituted deliberate indifference, and “every reasonable officer would know, beyond debate, that this was the case.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: May 22, 2023, Case #: 3:22cv548, NOS: Prison Condition - Habeas Corpus, Categories: civil Rights, constitution, Medical Malpractice
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J. Friedland finds that the district court properly entered summary judgment in favor of the State of California in an action challenging a California law that prohibits honking a vehicle’s horn except when reasonably necessary to warn of a safety hazard. An individual was cited for misuse of a vehicle horn after she honked in support of protestors. Although the citation was dismissed, she filed suit to block future enforcement of the California Vehicle Code. The vehicle code regulating improper use of a horn was universal and not merely for expression, therefore the First Amendment claim does not apply. Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: May 22, 2023, Case #: 21-55149, Categories: civil Rights, constitution