44 results for 'cat:"Constitution" AND cat:"Due Process"'.
J. Tharp grants Illinois’ motion to dismiss Volkswagen’s constitutional challenge to the Illinois Motor Vehicle Franchise Act, which makes it so independent auto dealerships operate independently of “legacy” auto manufacturers like Volkswagen, meaning Volkswagen can’t operate service centers in independent dealerships. But because new and pre-owned vehicles come with manufacturer warranties, Volkswagen still has to reimburse the independent dealerships for any repair and service work they do to their customers’ cars. Volkswagen claims a 2022 amendment to the Act meant to give auto repair workers greater compensation violates its free speech, due process and equal protection rights. But the court finds Volkswagen has failed to state an actionable claim for its due process and equal process claims, and lacks standing for its First Amendment allegations.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: May 6, 2024, Case #: 1:22cv7045, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, Vehicle, due Process
[Consolidated.] J. Thompson denies, in part, the attorney general’s motion to dismiss this lawsuit regarding the constitutionality of prosecuting anyone who assists in facilitating out-of-state abortions brought by an advocacy group, also on behalf of its clients, and a women’s center also on behalf of its staff. The group and center seek to prohibit the prosecution of those who assist pregnant women to obtain abortions where it is still legal in other states alleging it is a violation of the right to travel, freedom of speech, freedom of association, the right to fair-notice due process claims, and is overbroad. The attorney general cannot prevent people to travel to another state, “Alabama can no more restrict people from going to, say, California to engage in what is lawful there than California can restrict people from coming to Alabama to do what is lawful here.” Their overbreadth and the fair-notice due process claims are dismissed, but the advocates’ freedom of speech, right to travel, freedom of association and extraterritoriality claims survive the motion.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: May 6, 2024, Case #: 2:23cv450, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Government, due Process
J. Smith grants the solid waste director’s motion to dismiss this complaint brought by a citizen who claims he was deprived of procedural due process and his constitutional rights were violated. The citizen alleges he was served a summons for not paying the solid waste collection fee, even though he is allegedly exempt from participating. He was convicted and ordered to pay fines and restitution, but later that was dismissed and never validated. The court concluded he failed to state a claim, declares the collection fee is mandatory, and finds the statements made by the director did not constitute fabricated evidence.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 18, 2024, Case #: 5:24cv23, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Government, due Process
J. Peterson partially grants the motion for summary judgment from the city, city officials and fire and police commission in a lawsuit from a firefighter claiming his First and 14th Amendment rights were violated when, among other things, he was demoted from his position as assistant fire chief and had a restraining order entered against him when he began arriving at fire scenes while he was on leave. The firefighter's due process claim against the city and the commission will proceed to trial, as there is a dispute regarding whether he was deprived of his property interest in his position through his demotion after a change in the law governing how such employment decisions are made. Summary judgment is granted to the city, officials and commission on all of the firefighter's remaining claims, and the individual officials are dismissed as parties.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 10, 2024, Case #: 3:22cv640, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, due Process
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J. Clay finds the district court properly dismissed the former mayor’s complaint against the Warren City, Michigan, city council, election commission, the city clerk and county clerk. The former mayor served in that position for four terms when the election commission changed the city charter to the existing term limits. He alleges the new limits imposes a legal disability based on past conduct but fails to he was intentionally discriminated against by changing the amendment.
Court: 6th Circuit, Judge: Clay, Filed On: April 2, 2024, Case #: 23-1826, Categories: constitution, Elections, due Process
[Consolidated.] J. Genovese finds that the statute that revives certain prescribed child sex abuse claims for a limited three-year period is in conflict with the due process protections in the state constitution. In this case, plaintiffs claimed that they were sexually molested by a Roman Catholic priest at various times between 1971 and 1979 when they were minors. Plaintiffs' prescribed causes of action cannot be retroactively applied because it would divest defendants of their vested right to plead prescription in violation of the state constitution. Reversed and vacated.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: March 22, 2024, Case #: 2023-CC-01194, Categories: constitution, due Process
J. Desai strikes a father and daughter's opening brief in its entirety because it materially failed to comply with Circuit rules and dismisses the appeal. The father filed an opening brief replete with misrepresentations and fabricated case law. The brief included only a handful of accurate citations, almost all of which were of little use because they were not accompanied by coherent explanations of how they supported the father’s claims. The father and daughter alleged that their constitutional rights to association and due process were violated. They also alleged several state-law claims.
Court: 9th Circuit, Judge: Desai, Filed On: March 22, 2024, Case #: 22-56121, Categories: constitution, due Process
J. Cota denies, in part, a community services district’s motion to dismiss a resident’s pro se constitutional claims arising from its alleged refusal to connect his home to the water distribution system or allow him access to the district's jobs. He makes sufficiently allegations to support his due process and retaliation claims, and "has stated the bare minimum to proceed" on his equal protection claim.
Court: USDC Eastern District of California, Judge: Cota, Filed On: March 18, 2024, Case #: 2:21cv119, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Housing, due Process
J. McHaney finds that the lower court improperly convicted defendant of aggravated battery without providing him a preliminary hearing or indicting him by grand jury. Therefore, there was no probable cause determination on the charges he faced as required by the Illinois Constitution. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: March 5, 2024, Case #: 220492, Categories: constitution, Battery, due Process
J. Lipinsky finds the lower court properly denied defendant's petition for postconviction relief from his murder and robbery convictions. The constitutional rule of criminal procedure announced by the Colorado Supreme Court in Margerum v. People that allows a defense team to question a prosecution witness about their probationary status when the witness is on probation at the time of the trial is not a watershed rule that affects bedrock principles and, therefore, it does not apply retroactively. Although defendant could not question the prosecution's lead witness about his own criminal prosecution, such a limitation did not affect the fundamental fairness of the trial or violate defendant's due process rights. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: February 29, 2024, Case #: 2024COA21, Categories: Criminal Procedure, constitution, due Process
J. Grosshans answers two questions from a lower court regarding whether a child conceived via cryopreserved sperm samples and in vitro fertilization following the father’s death is entitled to recover child’s insurance benefits under the Social Security Act, and whether Florida law authorizes a posthumously conceived child to inherit a child’s share of the deceased father’s intestate personal property. The father must have the child or children in his drafted will before his death for the child or children to be “eligible for a claim against the decedent’s estate.” Answering the first question is necessary to answer the second question, so it is remanded back to the lower court for further proceedings.
Court: Florida Supreme Court, Judge: Grosshans, Filed On: February 15, 2024, Case #: SC2022-1342, Categories: constitution, Social Security, due Process
J. Horton finds the trial court properly convicted defendant for being a felon in possession of a firearm. At the first hearing, defendant requested a bench trial but failed to attend. Defendant says his rights were infringed by the court's convicting him by bench trial outside his presence. The record shows his attorney never claimed that no plea was entered, and the court of appeals must assume that a plea was entered before trial. Therefore, the premise of the appeal, that defendant was tried without entering a plea, has no merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: January 31, 2024, Case #: 09-22-00139-CR, Categories: constitution, Firearms, due Process
J. Alley finds a lower court did not err in convicting defendant of capital murder after defendant — who was arrested in early 2018 but not tried until late 2022 — invoked his right to a speedy trial. While the delay here was indeed “extraordinary” and “should be the rare exception and not the rule,” much of the delay “stemmed from factors outside anyone’s control,” including disruptions from the Covid pandemic, and defendant did not raise his speedy trial right until 2022. Furthermore, much of the stress faced by defendant was caused not by delays but by the seriousness of the charges against him, which involved killing two people, including a minor. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 31, 2024, Case #: 08-23-00026-CR, Categories: constitution, Speedy Trial, due Process
J. Lowy finds that the defendant’s constitutional rights to due process were violated by his involuntary commitment. It is unconstitutional for a pretrial defendant to be detained for an evaluation and observation of competency without a judge finding via clear and convincing evidence that there are no less restrictive means to determine the defendant’s competency to stand trial.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 25, 2024, Case #: SJC-13455, Categories: constitution, due Process, Commitment
J. Bustamante finds the failure to hold a pre-decision hearing by the Albuquerque city clerk did not violate the due process rights of the mayoral candidate who applied for public campaign financing. The denial of such financing is not a "death knell" to a campaign that warrants such constitutional protections, while the candidate was also fully aware of complaints against him before he submitted his application. The candidate was also able to present testimony and evidence to support his application at an appeal hearing that took place less than a week after the initial decision; therefore, no due process violation occurred. Reversed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: January 23, 2024, Case #: A-1-CA-39971, Categories: constitution, Elections, due Process
J. Willett finds the district court properly denied the charter school's motion to discontinue the use of race as an admissions parameter. The consent order at issue requires the school to implement a race-based enrollment process consistent with an ongoing desegregation plan in the Louisiana parish. The school has not rebutted the court’s conclusions and has forfeited its constitutional argument. Affirmed.
Court: 5th Circuit, Judge: Willett , Filed On: December 13, 2023, Case #: 23-30063, Categories: constitution, Education, due Process
J. Carney-Axon grants, in part, a sheriff’s motion to dismiss this civil rights case brought by a bingo hall alleging arbitrary and capricious fees were imposed on electronic gaming operations. In certain Alabama counties, voters approved the operation of nonprofit bingo halls by constitutional amendment, and allowed the sheriff’s department to collect an assessment fee. The court directs the bingo hall to file a second amended complaint on its equal protection and unlawful taking claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: December 13, 2023, Case #: 7:23cv1297, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, due Process
J. Richman finds the trial court failed to make required findings when it upheld the no-contact provision in defendant's sentence on domestic violence crimes. The provision infringed on his constitutional right to parental association and, therefore, necessitated findings it could not be accomplished by less restrictive means. Although the violent nature of defendant's crimes qualified as compelling circumstances to continue the no-contact provision involving his daughter, the court failed to consider whether remote communications would allow for contact between the parties without jeopardizing the safety of the child. Reversed.
Court: Colorado Court Of Appeals, Judge: Richman, Filed On: December 7, 2023, Case #: 2023COA117, Categories: constitution, Sentencing, due Process
J. Wilkin finds the trial court properly upheld the zoning board's denial of the property owner's request for a variance. The frontage requirement for residential properties did not devalue the property, while the variance would have substantially altered the surrounding area by reducing the amount of agricultural ground. Meanwhile, the owner's failure to raise his due process and constitutional claims before the zoning board requires dismissal of that portion of his appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: November 16, 2023, Case #: 2023-Ohio-4234, Categories: constitution, Zoning, due Process
J. Dick denies a request by 53 death row prisoners for a preliminary injunction ordering the state pardon board to hold clemency hearings under outgoing, term-limited Governor John Bel Edwards, a Democrat, dismissing their argument that they “face a real possibility of death if this preliminary injunction is not granted." The prisoners fail to demonstrate harm is imminent as a result of the cancellation of scheduled clemency hearings, and there is no evidence they will face execution before they are able to apply for clemency.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 9, 2023, Case #: 3:23CV1494, NOS: Civil Rights - Habeas Corpus, Categories: constitution, due Process, Jurisdiction
J. Lipinsky finds the state's failure to timely process evidence before a criminal trial does not create a cause of action for civil rights violations to the victim of the crime and, therefore, the lower court properly dismissed the victim's complaint. The Colorado Victim Rights Act includes no language to allow victims to compel the processing of evidence by state actors, while the victim's indignation at the inability for the state to charge his assailant with attempted murder does not create a property interest or allow him to pursue damages for any constitutional violations. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: October 26, 2023, Case #: 2023COA100, Categories: Civil Rights, constitution, due Process
J. Cadish finds the district court improperly dissolved the preliminary injunction granted the news service to prevent the state from reviewing electronic devices possibly containing journalistic privileged information that was seized in an investigation of the murder of a journalist. Although journalistic privilege is not absolute, the search protocol entered by the district court, which dissolved the injunction, allows privilege to be violated before the court has the opportunity to weigh it against any assertion of countervailing rights. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 5, 2023, Case #: 85553, Categories: constitution, due Process, Privilege
J. Golemon finds the trial court properly dismissed with prejudice the mother's suit against the school district alleging that it violated district policy by issuing her daughter's diploma without a magna cum laude distinction. The mother argues that the district violated her daughter's due process rights but fails to allege a due process claim. The daughter also has no constitutional right to the academic distinction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 14, 2023, Case #: 09-21-00102-CV, Categories: constitution, Education, due Process
J. Restani dismisses the individual plaintiffs' federal claims alleging due process violations in connection with the procedures used by the defendant judges to collect "costs, fines, and fees" associated with criminal proceedings. The claims are constitutionally moot, as neither plaintiff has any outstanding debt before the state court. Also, the court notes that steps have been taken "to address the risk of constitutional violations."
Court: USDC Northern District of Oklahoma , Judge: Restani, Filed On: September 7, 2023, Case #: 4:19cv234, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, due Process
J. Kovner dismisses a complaint brought against the New York City Department of Finance that alleges the department’s policy of canceling tax refund checks that have not been deposited within six months violates the takings and due process clauses. The litigant, who claims he is attempting to develop a business involving refund check recipients, lacks standing to assert his claims because he has not established a close relationship with those actually affected by the policy.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 6, 2023, Case #: 1:22cv2601, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Tax, due Process