21 results for 'cat:"Civil Rights" AND cat:"Defamation"'.
J. Williams partially grants a fire department, its president and another member’s motion for summary judgment in this employment dispute brought by a couple that were former volunteer firefighters. The couple alleges unlawful expulsion, retaliation against the exercise of free speech, defamation, defamation per se and tortious interference with a beneficial relationship after the department suspended them for harassing and assaulted the other member. The couple attended hearings, but the bylaws did not allow them to attend the expulsion meeting held before they were able to submit additional evidence. The couple cannot establish that they were in fact employees, nor that they received any remuneration before the expulsion, or that they experienced an actual loss after the expulsion. The defamation and defamation per se claims are ready to proceed to trial, the president and member e-file a joint status report.
Court: USDC Connecticut, Judge: Williams, Filed On: April 1, 2024, Case #: 3:20cv1677, NOS: Employment - Civil Rights, Categories: civil Rights, defamation
J. Perez grants a bank’s motion to dismiss a Black pro se litigant’s case alleging that the bank engaged in racial discrimination, profiling, and defamation. The litigant failed to present evidence to support any of his claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: March 29, 2024, Case #: 2:22cv5084, NOS: Other Contract - Contract, Categories: civil Rights, defamation, Banking / Lending
J. Simon partially dismisses the coach's complaint that the school district and others accused the coach of sexual harassment and fired him to cover up the extramarital affair of another coach. The coach's defamation claim currently fails because it is unclear if it is time barred and the coach does not provide details about the allegedly defamatory statements. The coach can file a second amended complaint if he believes that he can cure the deficiencies.
Court: USDC Oregon, Judge: Simon, Filed On: March 26, 2024, Case #: 3:22cv1923, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, defamation
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J. Caldwell rules in part for city and police defendants in civil rights and negligence claims contending plaintiff had been misdiagnosed as overdosing on drugs after collapsing at work. Upon being discharged in a delirious state, plaintiff was arrested for trespassing at the hospital, but evidence does not indicate the city or officers either conspired to harm plaintiff or defamed him.
Court: USDC Eastern District of Kentucky, Judge: Caldwell, Filed On: March 12, 2024, Case #: 3:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, defamation
J. Boyle grants seven agents of a county government their motion to dismiss allegations of emotional distress, defamation and discrimination brought by a register of deeds. Specifically, she claims the county did not assign to her the best assistant and that it has discriminated against her in some way. However, she has not provided enough information for her claim to survive and she has failed to respond to the county’s motion.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 12, 2024, Case #: 5:23cv520, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, defamation, Employment Discrimination
J. Royal grants the mother's motion to proceed in forma pauperis in a civil rights and defamation action against the case worker and department director. The mother claimed she was prosecuted for cruelty to children based on false evidence and testimony provided by the case worker and director. The mother has shown she cannot pay court fees due to poverty. The mother is in debt, has three children and lives without any income or assets. However, the mother must amend her complaint because she failed to state a cognizable claim for relief with respect to the alleged civil rights violations and failed to address the status of her underlying criminal case.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: February 5, 2024, Case #: 5:24cv18, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, defamation
J. Nye grants an animal hospital and the police department's motions for summary judgment regarding an individual's allegations of libel/slander and civil rights violations after the animal hospital called police, concerned that she was "on some sort of substance" and attempting to drive. She was found sitting in her running car and arrested for driving under the influence despite explaining that she was suffering from a traumatic brain injury. When no alcohol or drugs were found in her system, she was released. The symptoms the animal hospital reported to the police: pinpoint pupils, slurred speech and swaying, were true, and therefore not defamation. Probable cause existed to support the arrest, including the fact that the individual could not complete simple tests of coordination.
Court: USDC Idaho, Judge: Nye, Filed On: January 25, 2024, Case #: 2:22cv185, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, defamation
J. Montenegro grants the media company's motion for judgment on the pleadings as to the store's trade libel counterclaim alleging that the media company posted more than a hundred negative reviews against the store on Google and Yelp. The store fails to identify any customers or transactions they lost as a result of the alleged trade libel, or show to a reasonable certainty that they suffered general business loss as a result. However, the store is granted leave to add a new claim for defamation based on the same allegations supporting their trade libel claim.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 19, 2023, Case #: 3:21cv1909, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, defamation
J. Chuang dismisses this amended complaint alleging a Bivens claim for defamation and deliberate indifference to the health and safety of a father and his minor children by an advocacy specialist. The father fails to meet the burden to show the specialist’s defamatory statements were made outside her employment and cannot prevail in challenging under the government’s certification.
Court: USDC Maryland, Judge: Chuang, Filed On: November 30, 2023, Case #: 8:22cv3377, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, defamation
J. McDonough grants the city defendants' joint motion to dismiss this action brought by a citizen asserting claims under the First Amendment and for state law defamation, in connection with an alleged news report that the city had cancelled its annual fireworks show due to the citizen's pending lawsuit against it. The court concludes that the alleged statements by the interim city manager to local media were not defamatory, but instead were "an innocuous explanation to the public" for why the city would not be hosting the July 4th fireworks display.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: October 18, 2023, Case #: 3:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, defamation
J. Contreras denies, in part, Home Depot and others' motion for summary judgment on a shopper's claims arising from his near-arrest after a security guard mistakenly thought he had stolen an air conditioner. There are questions of fact that preclude judgment on his claims for false arrest and defamation.
Court: USDC District of Columbia, Judge: Contreras, Filed On: September 30, 2023, Case #: 1:20cv1940, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, defamation
J. Higginson finds the district court properly dismissed this case with prejudice. The delivery driver brought suit against his employer on claims of defamation, false arrest, malicious prosecution and infliction of emotional distress after he was terminated and arrested for theft of product. The company has provided ample evidence supporting their position that they reported their findings with the honest and reasonable belief that the driver was stealing. The driver provides no evidence to dispute this. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: September 8, 2023, Case #: 22-30245, Categories: civil Rights, Malicious Prosecution, defamation
J. Pallmeyer partially grants Naperville’s motion to dismiss a number of civil rights claims brought by one of its former police officers. The former cop says he was defamed and eventually fired in retaliation for questioning the legality of a Naperville police policy which required officers to make at least two traffic stops a day. Naperville says that because the former officer was still in his probationary period when he was fired, he was not due any notice or hearing beforehand. The court decides to dismiss the former cop’s supervisory liability and administrative review claims, but allows his defamation and due process claims to survive.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: August 22, 2023, Case #: 1:22cv6635, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, defamation, Employment Retaliation
J. Dillon grants the supermarket's motion to compel arbitration for the defamation, false imprisonment and civil rights violation claims stemming from a family being accused of stealing despite having a receipt proving their innocence. The mother of the family works for an app contracted with Walmart to supply shopping and delivery services for retailers and consumers. To sign up to be a delivery driver, the mother signed a nondisclosure agreement that contains an arbitration provision.
Court: USDC Western District of Virginia, Judge: Dillon , Filed On: August 14, 2023, Case #: 7:22cv568, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, civil Rights, defamation
J. Parker adopts the magistrate judge's recommendation and dismisses the individual's claims against the fire department and the lieutenant with prejudice. The pro se plaintiff contends that he was arrested and transported to "a mental health institution" following a conversation outside a fire station. His claims stemming from the incident include "defamation in retaliation of free speech," but he fails to establish the court's subject matter jurisdiction or adequately state a claim for relief.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: August 1, 2023, Case #: 2:22cv2651, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, defamation
J. Brasher finds that the district court improperly denied the district attorney's and assistant district attorney's motion for summary judgment on a false arrest claim in a civil rights and defamation action brought by two attorneys who were arrested after refusing to turn over a client's phone, which was placed in an attorney's bag minutes before police executed a search warrant for child porn on the phone. The attorneys were later acquitted of obstructing governmental operations and refusal to permit an inspection. The DA, ADA and deputies are entitled to qualified immunity because they had arguable probable cause to arrest the attorneys. An officer could have reasonably believed that the attorneys intended to prevent police from examining the phone. However, the DA and ADA are not entitled to state-agent immunity from the defamation claim arising from public statements they made alleging that the attorneys engaged in unethical and criminal conduct. Reversed in part.
Court: 11th Circuit, Judge: Brasher, Filed On: July 28, 2023, Case #: 21-13632, Categories: civil Rights, defamation
J. Frank denies the burglary victim's motion for relief from judgment in a case brought by a former friend the victim accused of committing the burglary, even after the arrest of burglary suspects. The friend's defamation claim and the court's finding of actual malice are supported by the record, whether or not the burglary victim's statements involved a matter of public concern. The friend's motion for sanctions, however, is denied since the burglary victim's arguments for relief from judgment were not frivolous and the Court cannot find that he or his counsel knew or should have known that one of his declarations contained erroneous information.
Court: USDC Minnesota, Judge: Frank, Filed On: June 27, 2023, Case #: 0:20cv565, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Sanctions, defamation
J. Byrne finds the trial court improperly ruled against Texas gubernatorial candidate, Robert Francis O’Rourke, in a defamation case filed against him by GOP donor Kelcy Warren. O’Rourke argues that critical statements he said about Warren were protected under the Texas Citizens Participation Act, an anti-SLAPP statute. The statements made by O’Rourke were based on his subjective opinion during a political race. They were non-actionable and fell well within the grounds of protected speech. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: June 9, 2023, Case #: 03-22-00416-CV, Categories: Anti-slapp, civil Rights, defamation