10 results for 'cat:"Civil Rights" AND cat:"Public Record"'.
J. Wolford allows plaintiff to continue amended claims contending customs and border protection wrongfully revoked a Canadian attorney's membership in the "trusted traveler program," falsely arrested him, and withheld agency records. The agency's discretion is not beyond review under the Administrative Procedure Act, and the attorney plausibly alleged he had been aggrieved by being disqualified from the program. However, the attorney failed to properly name individual customs officers in constitutional claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 21, 2024, Case #: 1:23cv257, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: civil Rights, Immigration, public Record
J. Couriel finds that the trial court properly denied the police benevolent association a preliminary injunction to prevent the release of names of officers involved in two separate fatal shootings. Marsy's Law, which was created to protect victims, does not guarantee victims the "categorical right to withhold his or her name from disclosure." Affirmed.
Court: Florida Supreme Court, Judge: Couriel, Filed On: November 30, 2023, Case #: SC2021-0651, Categories: civil Rights, public Record, Privacy
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J. Richman finds that the trial court erred in upholding certain redactions from documents that the Oakland Police Department provided to reporters seeking information about the Celeste Guap scandal, in which officers had sex with Guap, who was underaged. Under the Public Records Act, police training and policy recommendations, witness statements about Guap's social-media use and parts of statements she made to investigators should not have been redacted. Also, the Act provision that allows the redaction of the names of police officers who serve as witnesses does not extend to officers who witness police misconduct. Vacated.
Court: California Courts Of Appeal, Judge: Richman, Filed On: September 25, 2023, Case #: A165187, Categories: civil Rights, public Record
J. Goethals finds that the trial court should have granted an anti-SLAPP motion to a news organization. The motion sought to overcome a professor's effort to prevent the Public Records Act disclosure of her communications with her university and with non-university journals that had corrected or retracted articles she had written. The protected activity of newsgathering in a matter of public interest was the basis of the records request. A partially taxpayer-funded university's handling of scholarly integrity is public business and the professor's petition for writ of mandate and injunctive relief to prevent the release of the communications could inhibit free speech. Reversed.
Court: California Supreme Court, Judge: Goethals, Filed On: August 24, 2023, Case #: G061238, Categories: Anti-slapp, civil Rights, public Record
J. Richardson grants the state defendants' motion to dismiss the transgender plaintiffs' amended complaint, which seeks a declaratory judgment that the enforcement of a certain birth certificate policy violates their constitutional rights. The challenged policy provides that the sex listed on an individual's birth certificate cannot be changed "as a result of sex change surgery," and the transgender plaintiffs plead equal protection, due process and free speech violations as a result. However, they fail to plausibly state their claims.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 22, 2023, Case #: 3:19cv328, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, public Record, Due Process