36 results for 'cat:"Government" AND cat:"Due Process"'.
[Consolidated.] J. Garcia reverses the district court's dismissal of due process claims filed by a former career appointee in the Senior Executive Service who was removed from her position. She was entitled to notice and an opportunity to be heard before she was removed. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-5150 , Categories: Employment, government, due Process
J. Callins finds a lower court erred when it sustained a demurrer by county officials after they were sued by residents concerned about the approval of a major development by Amazon. The officials did not comply with requirements to give adequate public notice because the summary of their proposed action did not include relevant information, including a proposed increase “in the height and density limits for buildings.” Reversed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: May 7, 2024, Case #: 0240-23-4, Categories: government, 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. Rodriguez denies a compounding pharmacy’s motion to dismiss for want of prosecution after it was sued under the False Claims Act for allegedly falsely inflating prices in bills to the federal government. The pharmacy argued that the U.S. has excessively extended its “intervention deadline” since the original complaint was filed in 2014, but the False Claims Act requires the government to “diligently ... investigate” claims made under the Act, and the delays — rather than reflecting “significant periods of total inactivity” — have instead reflected the government’s efforts to investigate other companies, which are necessary here “because all the defendants were alleged to have participated in the same scheme.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: May 3, 2024, Case #: 5:14cv212, NOS: Other Statutory Actions - Other Suits, Categories: government, due Process, False Claims
J. Taylor grants the Army Corp of Engineers' motion to dismiss certain claims. The contract for the design and construction of a special operations mountaineering facility at Fort Carson, Colorado was terminated for the contractor's alleged failure to finish the project by its completion date. The contractor sought equitable adjustment, though it failed to provide a sum certain amount for separate and distinct claims. Because the claims must first be presented to a contracting officer with a sum certain giving adequate notice for consideration and of amounts, certain paragraphs are struck to allow the contractor to properly present the claims.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: April 29, 2024, Case #: 63252, Categories: government, due Process, Contract
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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. Tuchi grants the government's motion to dismiss due process rights claims brought by an attorney who cultivates psilocybin mushrooms, marijuana, and coca leaves. The government sufficiently showed in court that the attorney has failed to establish a protected liberty or property interest.
Court: USDC Arizona, Judge: Tuchi, Filed On: March 28, 2024, Case #: 2:22cv1224, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, government, due Process
J. Boom grants the Secretary of Defense's motion to affirm the Merit Systems Protection Board’s determination that the Defense Commissary Agency lawfully terminated the employee. The employee was placed on administrative leave after allegations of sexual harassment were made against him, and consistent allegations by multiple women support the decision. The agency detailed all factors and the board thoroughly considered its analysis and the employee's arguments, and correctly concluded termination was reasonable.
Court: USDC Western District of Kentucky, Judge: Boom , Filed On: March 19, 2024, Case #: 5:22cv61, NOS: Other Civil Rights - Civil Rights, Categories: government, due Process, Employment Retaliation
J. Alley finds a lower court ruled correctly in a quo warranto case in which Texas sued to remove a Kerr County commissioner because that commissioner had pleaded guilty to felony burglary in 1973 at age 17, and people with felony convictions are not eligible to hold public office in Texas. The commissioner raised a number of issues on appeal, including arguing that his guilty plea was most equivalent to modern-day deferred adjudication and therefore was not a conviction, but the 1973 judgment “unambiguously characterizes itself” as a conviction, and the commissioner’s arguments rely heavily on recollections of conversations with his now-deceased attorney. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: March 15, 2024, Case #: 08-23-00319-CV, Categories: Evidence, government, due Process
J. Wilson grants the government's motion to dismiss this appeal. The contractor, which had an indefinite delivery and quantity contract for architectural and engineering services involving the design of military and civil projects within the Great Lakes and Ohio River Division Mission Boundaries, failed to file its appeal within 90 days of receiving the contracting officer’s final decision.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 7, 2024, Case #: 63515, Categories: government, due Process, Contract
J. McKenna upheld a lower court’s refusal to dismiss two homeless individuals’ claims against Maui County officials for seizing their property in a sweep without holding a contested case hearing. The seized items were undoubtedly considered property under the due process clause, and the county ignored the individuals’ request for hearings after they were notified of the county’s intentions to sweep. The county also should not have destroyed the property after it was removed, similarly without any hearings or meetings. Affirmed.
Court: Hawai'i Supreme Court, Judge: McKenna, Filed On: March 5, 2024, Case #: SCAP-22-368, Categories: Civil Rights, government, due Process
[Consolidated.] J. Wilson denies the government's motion to dismiss the appeal for lack of subject matter jurisdiction. Contracted for building repair at Ft. Gordon, Georgia, the contractor seeks equitable adjustment of almost $4 million for additional costs, as well as a time extension. Though the government says the board does not have jurisdiction because the contractor filed in advance of the contracting officer's deemed denial or final decision, the record shows the officer did not need additional time to issue a final decision. This appeal, however, is dismissed as moot, due to the contractor's subsequent filing of an appeal from the officer’s final decision denying the same claim.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 4, 2024, Case #: 63674, Categories: government, due Process, Contract
J. Reiber finds the trial court properly dismissed this sanctions lawsuit for a lack of standing in favor of Newport, Vermont, and various community development agencies and associations. A retirement company alleges a city committee awarded a grant to a business from outside the city, and says there was a conflict of interest because one of the business’s members was an agent a development association and grant business. The senior housing and retirement company had no entitlement to due process or the grant funds since they failed to allege an injury in fact.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: March 1, 2024, Case #: 23-AP-127, Categories: government, Sanctions, due Process
J. Smith denies the Army Corps of Engineers' motion to dismiss this suit challenging its termination of the contract for default. The contractor seeks no monetary damages, claiming the contract was wrongly terminated for default and not convenience. This is a "garden-variety default termination challenge," and the corps should be ready to move forward and justify its termination decision.
Court: Armed Services Board Of Contract Appeals, Judge: Smith , Filed On: November 22, 2023, Case #: 63630, Categories: government, due Process, Contract
J. Morrison grants, in part, the township's motion to dismiss, ruling it is not required under Ohio law to approve every zoning application that meets certain requirements found in its comprehensive plan. Therefore, the landowners have no protected property interest in the re-zoning application and their due process claims fail as a matter of law.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 17, 2023, Case #: 2:23cv691, NOS: Other Civil Rights - Civil Rights, Categories: government, Zoning, due Process
J. O'Connor finds for a city on a mayor's claims arising, in part, from the city's refusal to investigate a foundation he believed to be engaging in unlawful actions and the city's alleged silencing of his public criticism of the foundation. The mayor lacks standing to pursue disputed terms within the city's charter, fails to show municipal liability for his free speech claim and fails to adequately plead his due process claim.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: November 8, 2023, Case #: 4:19cv992, NOS: Other Civil Rights - Civil Rights, Categories: government, due Process, First Amendment
J. Wooton affirms the lower court's orders granting summary judgment to the state agency and Board of Osteopathy in the osteopath's suit seeking money damages. The osteopath alleged the West Virginia Bureau for Public Health breached its duty of confidentiality and defamed him by issuing a press release claiming his clinic used unsafe injection practices, while he alleged the West Virginia Board of Osteopathy failed to provide him a hearing within 15 days of its order suspending his license related to the Bureau's allegations. The osteopath's claims from his 2016 suit are barred by res judicata since they "could have been asserted and litigated" in a 2014 injunction he filed seeking a court order to halt the Board's suspension of his license. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: October 26, 2023, Case #: 21-0902, Categories: government, Health Care, due Process
J. Parker grants partial judgment in favor of the city after allegations of violations of due process, tortious interference of business relationships, antitrust and retaliation brought by a municipal service company. The court will dismiss the due process, antitrust and retaliation claims. Leaving all claims against a city employee are unaffected by this order; he and other employees failed to inform potential customers that there is a full registered contractors list available, only recommending one company for construction within the area.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: October 20, 2023, Case #: 1:22cv2037, NOS: Other Civil Rights - Civil Rights, Categories: government, due Process
J. Kobayashi dismisses a complaint stemming from the denial of an individual’s unemployment assistance, finding that the civil rights claims against the state, the governor and other state officials in their official capacity are barred by the 11th Amendment. Due process claims in their individual capacity also fail as the complaint is not clear on basic facts, such as whether the employee qualifies for unemployment benefits in the first place or what the denial process looked like.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 13, 2023, Case #: 1:23cv385, NOS: Other Civil Rights - Civil Rights, Categories: Employment, government, due Process
Per curiam, the circuit finds the government officials were not entitled to qualified immunity on due process claims filed by the individual whose property was liquidated after he failed to claim two checks issued by insurance companies. The individual was provided no hearing or any notice whatsoever and has a property right in the interest that accumulated on the checks. Reversed in part.
Court: 6th Circuit, Judge: Per curiam, Filed On: October 6, 2023, Case #: 22-1780, Categories: government, Property, due Process
J. Dillon denies the child protective services employee's motion to dismiss a due process claim. A mother entered a medication-assisted treatment program to combat a substance abuse disorder and to prevent the infant from being exposed to harmful substances. The employees forcibly removed the parent's infant from their custody while at the hospital, claiming the couple had lied about drug use and whether they had prior run-ins with CPS. The employees had no evidence of abuse to the child or the mother taking illegal drugs during the pregnancy or post-birth.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: September 29, 2023, Case #: 7:22cv196, NOS: Other Civil Rights - Civil Rights, Categories: government, due Process, Agency
J. Wadsworth finds the lower courts improperly determined that transient vacation rental owners could not challenge the assignment of the state agency’s hearing officer to their application for rental permits. The homeowners, who contend that the hearing officer was paid with money that comingled the fines he assessed in his denial of their rental application, have standing and jurisdiction to contest the assignment of a conflicted officer to their applications. The assignment of the officer to the cases bypassed due process in the agency’s code that should have accounted for the potential conflict of interest. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Wadsworth, Filed On: September 29, 2023, Case #: CAAP-18-902, Categories: government, due Process, Agency
J. Wray finds the two minutes granted to each citizen during committee meetings centered around the developer's applications for zoning permits did not violate their due process rights. New Mexico law does not impose an arbitrary number of minutes for public comment at such meetings. Additionally, while the citizens were not allowed to directly cross-examine the developer's witnesses, they were permitted to present rebuttal evidence throughout the five days of hearings, which also satisfied due process standards. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: September 11, 2023, Case #: A-1-CA-40279, Categories: government, Zoning, due Process
J. Bush finds the lower court properly denied the county's motion to dismiss a due process claim filed by individuals whose vehicles were seized pending criminal charges that might ultimately never be filed. The failure to provide a post-seizure hearing within a reasonable time frame deprived the individuals of their property and likely violated due process. Several individuals had to wait four to six months without their cars before they could attend a hearing, and because the majority of the seizures were warrantless and based only on the vehicles' proximity to high-crime areas, the county must provide more expedient hearings no more than two weeks after the car is seized. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: August 31, 2023, Case #: 22-1262, Categories: government, Vehicle, due Process