11 results for 'cat:"Civil Rights" AND cat:"Restraining Order"'.
J. Hicks grants the school district's motion to dismiss this bullying and discrimination complaint. Though the minor received accommodations at his elementary school, he was choked by a minor aggressor, who also chased him with a pencil, threatening to stab him. A Nevada court issued a protection order, which the guardian says the school failed to enforce. The guardian does not have standing to sue in her individual capacity. She also fails to state claims on her assertions of liability, negligence and discrimination, providing no detail regarding the alleged harassment.
Court: USDC Nevada, Judge: Hicks , Filed On: February 14, 2024, Case #: 3:23cv107, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, restraining Order
J. Nardella finds that the trial court erred by denying a petition for risk protection order against a minor without a hearing. Based on the circumstances, the relevant statute states “upon receipt of a petition, the court must order a hearing to be held no later than 14 days after the date of the order and must issue a notice of hearing to the respondent for the same.” Therefore, this case is remanded back to trial court for a hearing. Reversed.
Court: Florida Courts Of Appeal, Judge: Nardella, Filed On: February 12, 2024, Case #: 6D23-2558, Categories: civil Rights, restraining Order
J. Whitehead finds in favor of the city against the family's claim that the city's officers arrested the husband for violating a no-contact order involving the wife without probable cause. At the time of the arrest, the wife gave the city's officers information that would give them probable cause to make the arrest, as the wife initially said that the husband sent “manipulative, threatening and slander[ous]" messages.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 29, 2024, Case #: 3:22cv5554, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, restraining Order
Per curiam, the Texas Supreme Court grants the state's petition for mandamus relief, ordering the district court to vacate the temporary restraining order blocking the Texas Attorney General from prosecuting individuals involved in providing an abortion to a woman who claims she needs an abortion to prevent further risk to her life. Although the woman's doctor asserts that she has a "good faith belief" that the woman qualifies for an abortion under the medical-necessity exception of the law, she has not asserted that she exercised her "reasonable medical judgment" when coming to that conclusion, which is required for the exception to apply.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-0994, Categories: civil Rights, Health Care, restraining Order
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J. Dato finds that substantial evidence supported granting a domestic violence restraining order to an adult son whose mother threatened him. She repeatedly contacted him after he asked her to stop verbally and in writing, and the trial court was within its discretion to consider an out-of-state restraining order on the mother. Also, her facial challenge to the statute that bars subjects of restraining orders from possessing firearms fails because the constitution protects the rights of law-abiding citizens to possess firearms, and the trial court found she was not law-abiding. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 31, 2023, Case #: D081250, Categories: civil Rights, restraining Order, Firearms
J. Bumb declines to impose a temporary restraining order against the university and a professor who allegedly sexually assaulted a PhD student and hindered her progress by giving her poor scores on several tests. The university is fully aware of the student's complaint and an investigation is pending into the assault. Meanwhile, the university had two new graders blindly re-score the student's failed test. Meanwhile, that she contends she is a strong student does not mean retaliation claims will likely succeed.
Court: USDC New Jersey, Judge: Bumb , Filed On: October 10, 2023, Case #: 1:23cv20657, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, restraining Order
J. Kirsch finds that the lower court properly denied the nonprofit's request for a preliminary injunction to enjoin Indiana's law limiting the persons for whom the organization can pay cash bail. The payment of cash bail is not protected by the First Amendment, as the conduct itself does not communicate any message without additional explanatory speech. Further, the law is rationally related to the state's legitimate interest in regulating pretrial detention of criminal defendants. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 3, 2023, Case #: 22-2183, Categories: civil Rights, restraining Order, First Amendment
[Consolidated.] J. Wood finds that the lower court properly entered a preliminary injunction ordering the school districts to allow three transgender boys to use the boys' bathroom and locker room. The boys say they plan to use the stalls in the locker room to change in privacy and do not seek access to the locker room showers. Therefore, there is evidence other boys will be exposed to nude transgender students, or threat to student privacy. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: August 1, 2023, Case #: 22-1786, Categories: civil Rights, Education, restraining Order