960 results for 'cat:"Constitution"'.
J. Eaton finds the trial court properly granted summary judgment to a power company and construction company based on the 20-year statute of repose in this wrongful death and negligence lawsuit filed by the decedent’s estate. The estate alleges the construction company installed the asbestos and the decedent was exposed through her husband, who worked with the power company that caused the decedent’s mesothelioma and death from the asbestos exposure. The upheld the repose finding the last injury occurrence fell outside the period in relation to the Vermont Constitution. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: May 10, 2024, Case #: 23-AP-217, Categories: constitution, Negligence, Wrongful Death
J. Lynch finds that the lower court properly dismissed a republican and conservative challenge to the constitutionality of New York's Early Mail Voter Act, which permits registered voters to apply to vote early by mail in any election in which they are eligible to vote. No implied prohibition to universal mail-in voting is contained within the absentee ballot provisions of the state constitution, nor does the constitution otherwise require in-person voting. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 9, 2024, Case #: CV-24-0281, Categories: constitution, Elections
J. Kitchens finds the trial court erroneously imposed a life sentence without parole after the jury in defendant's murder trial was unable to agree on a sentence. The U.S. Supreme Court decision in Miller v. Alabama bars such sentences for juvenile defendants; therefore, the case will be remanded to allow proper sentencing. Reversed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: May 9, 2024, Case #: 2023-CT-1381, Categories: constitution, Juvenile Law, Sentencing
J. Bea finds that the district court improperly entered conviction against an individual for violation of a United States Code concerning possession of a firearm if the individual has been convicted of an offense punishable by imprisonment for a term exceeding one year. The lower court's findings violated the Second Amendment as applied to the individual because he is a non-violent offender who has served his time in prison and reentered society. Reversed.
Court: 9th Circuit, Judge: Bea, Filed On: May 9, 2024, Case #: 22-50048, Categories: constitution, Firearms
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J. Silva finds that the lower court properly modified the appellant’s probation “to a placement at a secure, post-adjudication juvenile facility” after he was adjudicated as delinquent. On appeal, he contends that the modification order violated his constitutional rights, but he failed to preserve the argument for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: May 9, 2024, Case #: 13-24-00098-CV, Categories: Civil Procedure, constitution, Juvenile Law
J. Kern finds that the circuit court properly entered judgment after defendant pleaded guilty to two counts of aggravated assault against a law enforcement officer. The charges arose out of an extremely dangerous high-speed chase during which defendant repeatedly fired weapons at pursuing officers. The circuit court sentenced defendant to serve two concurrent life sentences to run consecutively to sentences he was already serving for other offenses. Defendant claimed that his sentence was cruel and unusual in violation of the Eighth Amendment and was an abuse of the circuit court’s discretion. The sentence is not grossly disproportionate to the gravity of defendant's offenses and therefore did not violate the Eighth Amendment. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: May 8, 2024, Case #: 2024SD26, Categories: constitution, Sentencing, Assault
J. Aoyagi finds the trial court properly awarded attorney fees in a supplemental judgment in favor of a real estate firm against two individuals. “Whether parties appearing pro se in civil litigation have a federal constitutional right to file and access court documents electronically, in the same manner as attorneys, is a complex legal question…reasonably in dispute,” so any error is not plain. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180510, Categories: constitution, Attorney Fees
J. Schroeder finds that the district court properly dismissed an action brought by five registered California gun owners who challenged California legislation aimed at encouraging research on firearm violence that permits the California Department of Justice to disseminate information from its databases to accredited research institutions about purchasers of firearms and ammunition, as well as individuals who hold permits to carry concealed weapons. The gun owners did not state a claim for violation of the right to informational privacy under the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Schroeder, Filed On: May 8, 2024, Case #: 23-55133, Categories: constitution, Privacy, Firearms
J. Stadtmueller finds that all of the claims in the citizen's pro se lawsuit against the Milwaukee County Clerk of Courts, the Milwaukee County Sheriff, judges and other court officials over his family law case, including those alleging false arrest, abuse of process and First Amendment violations, must be dismissed. All of the currently named defendants are dismissed and replaced with John Doe placeholders, and the citizen is given until May 29, 2024, to file a new amended complaint, or his entire lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 8, 2024, Case #: 2:23cv1361, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, Family Law
J. Hoffman finds defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment right to bear arms. The states' bans on felons owning firearms is reasonably related to the legitimate government interest of keeping weapons out of the hands of dangerous individuals. Meanwhile, defendant's motion to suppress the results of a search of his home was properly denied by the trial court despite the lack of certain details from the affidavit used by police to secure a search warrant. The confidential informant used by police, despite not being named, had provided correct information in the past, while other details about defendant's drug trafficking out of the home were confirmed by surveillance and established probable cause. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 7, 2024, Case #: 2024-Ohio-1760, Categories: constitution, Firearms, Search
J. Ho dismisses the strip club's appeal for lack of jurisdiction. District courts have upheld the state bill raising the minimum age of employment at sexually oriented businesses from 18 to 21 years old against constitutional attack in multiple cases. The club does not argue the law burdens the constitutional rights of the business. It does not allege the age of the dancers plays a role in any message that it intends to convey, that it possesses a constitutional right to hire certain employees or that the law deprives it of equal protection. The club has not alleged an injury in fact.
Court: 5th Circuit, Judge: Ho , Filed On: May 7, 2024, Case #: 22-50612, Categories: constitution, Jurisdiction
J. Decker finds a lower court did not err in convicting defendant of threatening to damage a building. Defendant raised a number of issues on appeal, including a challenge to the admissibility and sufficiency of the evidence against him, but regardless of defendant’s mental state at the time, the lower court did find that he had made a “true threat.” Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: May 7, 2024, Case #: 1805-22-4, Categories: constitution, Evidence, Threats
J. Rabner finds that the appellate division improperly rejected an employee's constitutional challenge in claims contending she had been prohibited from talking about an internal sexual harassment complaint she filed against a supervisor because a duration had not been imposed upon the request that witnesses and involved parties refrain from discussing the case, and the request concerned a large swath of protected speech. Reversed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: May 6, 2024, Case #: A-40-22, Categories: constitution, Employment Discrimination
[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. 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
J. Hoffman finds that defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment rights. The law is related to the government's reasonable goal of keeping guns out of the hands of dangerous individuals. Meanwhile, the trial court properly denied defendant's motion to suppress because the affidavit used to secure a search warrant included specific information about the property provided by a reliable informant and was also based on surveillance of the property. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 6, 2024, Case #: 2024-Ohio-1827, Categories: constitution, Drug Offender, Firearms
J. Stras finds a lower court properly dismissed a prison guard's motion for qualified immunity for excessive force against an inmate. The prison guard, who serves in the A-Team group at the maximum security facility, argued that he was obligated to strike the prisoner in his leg and face for failing to comply during transfer. However, the inmate presented sufficient evidence in court that the prison guard violated his Eighth Amendment rights by accosting him while he was completely restrained. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: May 6, 2024, Case #: 23-1869, Categories: Civil Rights, constitution, Immunity
J. Coulson denies a former police officer’s estate’s motion for summary judgment seeking a ruling in their favor without a trial in this lawsuit brought by a retired police officer alleging violations of the United States Constitution, the Maryland Declaration of Rights, and Maryland common law. The retired officer alleges he was battered, falsely arrested with excessive and unreasonable force, and maliciously prosecuted by the decedent and fellow officers. The decedent alleged that the retired officer did in fact resist arrest and any reasonable jury could find it was excessive force during handcuffing. Therefore, the decedent is not entitled to qualified immunity, there are genuine disputes of material fact and adequate discovery needs to be developed. The estate may file another motion for summary judgment after the discovery is available.
Court: USDC Maryland, Judge: Coulson, Filed On: May 3, 2024, Case #: 1:23cv2379, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Municipal Law, Police Misconduct
J. Surrick grants the treasurer of Pennsylvania’s motion to dismiss a class action suit alleging that Pennsylvania’s Disposition of Abandoned and Unclaimed Property Act, wherein the state treasurer takes custody of certain property deemed “abandoned and unclaimed,” violates the takings clause of the Fifth Amendment of the U.S. Constitution. The government does not need to compensate an owner for the consequences of their own neglect.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: May 3, 2024, Case #: 2:22cv1852, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Government, Property
J. Quattlebaum finds the lower court improperly denied the officer’s motion to dismiss based on qualified immunity. A repossession representative called the police after the vehicle's owner refused to get out so he could tow it. The owner argued that the deputy who arrived and ordered her out of the vehicle violated her Fourth Amendment right against unreasonable seizures of property by crossing the line from keeping the peace into actively participating. Because of the unique nature of the case and lack of case law, the deputy couldn't have known what he was doing was unconstitutional when he ordered her out of the car. Reversed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: May 2, 2024, Case #: 23-1344, Categories: constitution, Vehicle, Police Misconduct
J. Benavides finds that the lower court improperly dismissed the appellant's claim against a certain correctional officer "for allegedly violating his constitutional right to access the courts." The court concludes that the appellant was "entitled to proceed with his suit" against the officer at the time of dismissal. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 2, 2024, Case #: 13-23-00346-CV, Categories: Civil Procedure, constitution
J. Webb answers the federal district court's certified question regarding Arkansas code addressing employee firearm possession on an employer's property. The Union Pacific employee's truck caught fire, revealing he had a gun inside, against Union Pacific's rules. Though the gun was properly locked and out of plain view, in compliance with the law, the employee was suspended for the company violation. Arkansas changed its law regarding weapons concealment and asked Union Pacific for clarification of its position in light of the change. The Arkansas code is not dependent on liability immunity provisions. If the employer immunity provision is preempted by the Federal Employers’ Liability Act, the Arkansas Code is not likewise preempted.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: May 2, 2024, Case #: CV-23-653, Categories: constitution, Employment, Firearms
J. Forrest finds that the district court improperly denied a motion to suppress a firearm found during a warrantless search of defendant’s truck in a case that presented the question of whether an officer’s failure to comply with governing administrative procedures is relevant in assessing the officer’s motivation for conducting an inventory search. The deputies who searched defendant’s truck acted solely for investigatory reasons and the warrantless search therefore violated the Fourth Amendment. Reversed.
Court: 9th Circuit, Judge: Forrest, Filed On: May 2, 2024, Case #: 20-50345, Categories: constitution, Firearms, Search