93 results for 'court:"USDC Eastern District of Tennessee "'.
J. McDonough grants the sheriff's department defendants' summary judgment motion in this lawsuit brought by a former probation officer asserting claims of malicious prosecution and false arrest, in connection with her alleged arrest on charges of "official misconduct." The charges were dismissed against the former probation officer, but she fails to show that certain incident reports were false or that the defendants "intentionally or recklessly falsified the reports."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: April 24, 2024, Case #: 4:22cv44, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. McDonough grants the state defendant's motion for summary judgment in this disability discrimination lawsuit brought by a former employee asserting claims under the Rehabilitation Act for failure to engage in the interactive process and failure to provide a reasonable accommodation. The termination letter "cited job abandonment as the cause," and the record shows that the employee failed to provide the employer with a credible return-to-work date, after she allegedly suffered an injury that caused her to miss work for an extended period. The court concludes that she does not establish "a prima facie case of failure to accommodate."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: April 24, 2024, Case #: 1:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Greer grants the government defendants��� motion for summary judgment in this lawsuit concerning a firearms dealer���s compliance with the ���record-keeping requirements under the Gun Control Act��� and its decision to revoke his license. The record indicates that the dealer was aware of his legal obligations but continued to violate regulations. As to violations involving Form 4473, for example, the court notes that the frequency of violations increased after the initial compliance inspection. Accordingly, the federal defendants are entitled to judgment, and the dealer���s license is revoked.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: April 22, 2024, Case #: 1:23cv51, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Licensing, Agency, Firearms
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J. Corker grants the employer's summary judgment motion and dismisses the former employee's claims asserting violations of the Americans with Disabilities Act and the Family and Medical Leave Act. The employee, who worked as a bucket foreman repairing utility lines, allegedly suffered from a health issue that caused him to briefly lose consciousness. The employer had a valid reason "to believe that Plaintiff was a serious potential threat to himself, or other employees, given the nature of his job." The court concludes that there were no accommodations that would eliminate the risk of harm.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: April 17, 2024, Case #: 2:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Corker denies the defendant health care entities' dismissal motion in this class action asserting claims for violations of the Racketeer Influenced and Corrupt Organizations Act, as well as claims for unjust enrichment and declaratory judgment, based on an alleged scheme of upcoding and overbilling. The court holds that the plaintiffs have sufficiently alleged the predicate RICO acts with the particularity required and "plausibly pleaded a RICO conspiracy claim."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 29, 2024, Case #: 3:23cv111, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Health Care, Class Action, Racketeering
J. Collier grants the bank's motion for judgment on the pleadings in this suit arising from a "commercial loan transaction negotiation." The plaintiff company asserts claims for negligent misrepresentation, promissory fraud and promissory estoppel after the loan did not close. However, it fails to adequately state a claim for relief.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: March 28, 2024, Case #: 2:23cv22, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Banking / Lending
J. Corker dismisses the dog owners' amended complaint, in which they assert "various theories of liability" against the veterinary defendants following the death of their pet. The owners' claims against the state defendants are barred under the doctrine of sovereign immunity. The owners' due process claim also fails as the escalation in the dog's care was "voluntary," and they fail to state an equal protection claim, as they have not shown how they were treated "worse than similarly situated individuals."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 18, 2024, Case #: 3:22cv414, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
J. Poplin partially grants the business defendants' motion to compel discovery in this lawsuit brought by timeshare developers asserting claims under the Lanham Act and the Tennessee Consumer Protection Act, based on the defendants' alleged efforts to disrupt their valid timeshare contracts. The timeshare plaintiffs are required to respond to certain requests, including requests for documents related to "bad debt" and "exit fees" stemming from timeshare cancellations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: March 18, 2024, Case #: 3:20cv251, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Interference With Contract, Discovery
J. Poplin denies the defendant manufacturing company's motion for summary judgment in this lawsuit brought by a former employee alleging failure to accommodate and disability discrimination under the Americans with Disabilities Act. The former employee, who had epilepsy and suffered multiple seizures at work, was allegedly terminated from his employment as a machine operator. There are issues of fact precluding summary judgment, specifically as to his requested accommodations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: February 13, 2024, Case #: 3:21cv332, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Collier grants the City of Chattanooga's motion for summary judgment in this lawsuit brought by a hospital patient who alleges that he was struck in the head by a city police officer. Following an investigation, the interim police chief concluded that the officer had not violated department policy. The patient now asserts claims for failure to train, failure to supervise and a custom of tolerance to rights violations. His federal claims will be dismissed, however, as he fails to show that the city was "deliberately indifferent to a known history of abuse."
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: February 1, 2024, Case #: 1:22cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
J. Collier partially grants the officer's summary judgment motion in this case arising from an altercation with a hospital patient, who was allegedly opposed to taking the medication that a doctor had ordered for him. The officer allegedly attempted to restrain the patient, who now asserts claims for excessive force, malicious harassment and common law assault and battery stemming from the incident. Summary judgment is granted to the officer on the patient's Section 1983 claim for excessive force, but it is denied as to his common law assault and battery claim.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: January 30, 2024, Case #: 1:22cv11, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. McDonough grants the city defendants' summary judgment motion in this case alleging malicious prosecution and due process violations in connection with an individual's arrest. The photographic lineup assembled by a detective, even if "unnecessarily suggestive," was not used at trial. The court also intends to grant summary judgment to the remaining defendant, who allegedly selected the plaintiff's picture from the photographic lineup.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: January 29, 2024, Case #: 1:22cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Poplin grants in part the parties' joint motion to seal confidential information. The parties have mostly supported their request to seal information "relating to third-parties, financial information, or alleged trade secret information." Also, the proposed redactions to the defendant company's memorandum in support of its summary judgment motion will be allowed.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: January 16, 2024, Case #: 3:19cv508, NOS: Other Contract - Contract, Categories: Civil Procedure, Discovery
J. Corker partially grants the defendant law enforcement officer's motion for summary judgment and dismisses the couple's federal claims under Section 1983 against him. The couple alleges that the officer, an employee of the University of Tennessee Police Department, mistakenly approached their home with a gun and "demanded to know why they were in 'his' home," in violation of their constitutional rights. However, they fail to show that the officer, whose actual house was allegedly "right next door," was acting under color of state law at the time of the incident. The court also declines to exercise jurisdiction over their state law claims.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: January 10, 2024, Case #: 3:22cv188, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Jurisdiction
J. Varlan grants the dismissal motions filed in this civil rights lawsuit stemming from a child custody dispute. The court notes initially that the father's pro se complaint is "difficult for the Court to comprehend" and determines that Child Protective Services is entitled to sovereign immunity under the 11th Amendment. Additionally, the magistrate judge is entitled to absolute judicial immunity, and the claims against the mother are dismissed for a lack of jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: January 8, 2024, Case #: 1:23cv194, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Jurisdiction