20 results for 'cat:"Constitution" AND cat:"Covid-19"'.
J. Doughty grants a request by presidential hopeful Robert F. Kennedy Jr. for a preliminary injunction barring the Biden Administration from violating the candidate’s constitutional right to free speech by discouraging social media platforms from publishing his anti-Covid-19 vaccine messages. Kennedy and other litigants have produced evidence of “a massive effort by the White House to federal agencies, to suppress speech based on its content.” The administration argues it was trying to protect the public health by discouraging Kennedy and others from spreading disinformation.
Court: USDC Middle District of Louisiana, Judge: Doughty, Filed On: February 14, 2024, Case #: 3:23cv381, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Government, covid-19
J. Gorton. grants summary judgment in favor of a university being sued by some of its students for not reimbursing them for the remote learning experience it offered during the Covid-19 pandemic, which was allegedly of lower quality than its typical in-person educational experience. The retroactive application of a statute protecting the university from liability for damages of equitable monetary relief, as long as the damages are not caused by an act or admission in bad faith, does not violate the students’ constitutional rights.
Court: USDC Massachusetts, Judge: Gorton, Filed On: January 11, 2024, Case #: 1:20cv11021, NOS: Other Contract - Contract, Categories: constitution, Education, covid-19
J. Geraci dismisses claims contending police officers used "intimidating tactics" to serve a quarantine order against a broadcaster and her child during the Covid-19 pandemic because the amended complaint does not plausibly allege the existence of a municipal policy that would have led to misconduct, and evidence does not indicate the broadcaster's speech had been chilled due to the officers' conduct. Meanwhile, nothing indicates defendants conspired to interfere with her civil rights.
Court: USDC Western District of New York, Judge: Geraci , Filed On: December 20, 2023, Case #: 6:23cv6201, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, covid-19
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J. Vargas finds petitioners are entitled to a writ of mandamus to prevent further distribution of federal funds by the governor under the 2021 American Rescue Plan Act. Despite previous rulings regarding allocation of federal funds, no bright-line rule establishes whether such money falls under control of the executive or legislative branches; rather, this court must determine on a case-by-case basis whether specific funds are under the purview of the governor or the legislature. In this case, the broad discretion left to states in administering distribution of federal funds included in the 2021 American Rescue Plan Act requires the money be placed under the control of the legislature, as the governor would be unable to distribute the funds without infringing on the legislative branch's "constitutional duty to appropriate."
Court: New Mexico Supreme Court, Judge: Vargas, Filed On: October 12, 2023, Case #: S-1-SC-38996, Categories: constitution, Government, covid-19
J. Meyer denies, in part, the board of education's motion to dismiss, ruling that while the bulk of the teacher's complaint deals with the efficacy of the Covid-19 vaccine, her claim she was unable to express her religious beliefs because of the board's vaccine or test order during the pandemic is sufficient to state a plausible religious discrimination claim. However, because the board was required to implement the policy in response to the governor's mandates regarding the Covid-19 pandemic, the teacher's constitutional claims fail.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 20, 2023, Case #: 3:22cv1459, NOS: Employment - Civil Rights, Categories: constitution, covid-19, Employment Discrimination
J. Sulek holds the lower court properly found for a university on employees' claims regarding its mandatory Covid-19 vaccination and masking policies. The claims were mooted when the university ceased enforcement of the policies, especially since the employees sought no damages and instead, only injunctive relief. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 11, 2023, Case #: 2023-Ohio-3189, Categories: constitution, Education, covid-19
J. Pedersen finds that the lower court properly dismissed the appellant company's claims after granting the government defendants' pleas to the jurisdiction. The company, which operated a steak restaurant during the Covid-19 pandemic, argued that the various emergency orders limiting capacity at restaurants amounted to a taking of its property, and it sought damages as a result. However, the company failed to plead a valid taking claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: August 29, 2023, Case #: 05-21-00965-CV, Categories: constitution, Business Practices, covid-19
J. Douglas finds the district court improperly dismissed the Facebook user’s constitutional claims against the sheriff’s department arising from his arrest for terrorism after making a clearly humorous Facebook post stating that an order had been issued for deputies to “shoot on sight” thoes infected with Covid-19. The court erred in finding there was probable cause for the arrest. If the arresting officer is liable for false arrest, then the sheriff is vicariously liable under Louisiana law for the tort of his employee. Reversed and remanded.
Court: 5th Circuit, Judge: Douglas, Filed On: August 25, 2023, Case #: 22-30509, Categories: constitution, covid-19, Police Misconduct
J. Moore finds the lower court properly granted qualified immunity to Kentucky Governor Andy Beshear's on several religious parties' constitutional challenge to an executive order that banned in-person learning due to Covid-19 in the winter of 2020. There was no clearly established precedent at the time he issued an executive order to suspend in-school instruction that would have led him to believe such an order violated religious organizations' Free Exercise rights. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 14, 2023, Case #: 21-6028, Categories: constitution, Immunity, covid-19
J. Nathan finds that the district court properly dismissed free speech and equal protection claims smaller theater venues brought after being required to screen audiences for Covid-19 vaccinations during the height of the pandemic. Theaters alleged sufficient economic harm to meet injury-in-fact requirements for standing, but constitutional claims could not overcome the stated public health goal of tamping down the then-highly transmissible Delta variant. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: July 20, 2023, Case #: 22-2599, Categories: constitution, covid-19
J. Wang grants the county health director dismissal of claims brought after he limited the number of people who could gather during the Covid-19 pandemic and suspended a motor speedway's liquor license, causing it to lose a sponsorship, since the speedway's claims had been settled in a similar prior lawsuit.
Court: USDC Colorado, Judge: Wang, Filed On: July 10, 2023, Case #: 1:22cv1644, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, covid-19
J. Scudder finds that the lower court improperly allowed plaintiff's lawsuit challenging a newly-added provision to the Illinois' Health Care Right of Conscience Act that affirmed the legality of Covid-19 vaccine mandates. The lower court's primary conclusion that the addition changed nothing in Illinois law requires dismissing the plaintiffs' challenge for lack of standing. The plaintiffs may then file an appeal from a final judgment. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 21, 2023, Case #: 23-8012, Categories: constitution, Health Care, covid-19
J. Ikuta finds that the district court properly entered conviction for attempted illegal reentry after deportation. The illegal immigrant's motion to dismiss for violating the Speedy Trial Act was denied. The lower court was correct in assessing periods of delay as a result of the Covid-19 pandemic. Affirmed.
Court: 9th Circuit, Judge: Ikuta, Filed On: May 22, 2023, Case #: 21-50298, Categories: constitution, Immigration, covid-19