21 results for 'judge:"Brailsford"'.
J. Brailsford denies in part a police officer's motion for summary judgment regarding a car passenger's allegations of excessive force, unlawful arrest and unlawful seizure of car following a traffic stop. The passenger's motion for partial summary judgment for unlawful arrest and unlawful seizure of car is granted. The officer does not dispute that he broke the passenger's arm while performing a joint lock technique on her after arresting her husband, the driver. The passenger was charged with resisting or obstructing law enforcement for refusing to vacate the car. The charge was later dismissed. Undisputed facts show that the officer did not have authority to impound the car. The officer arrested the passenger without probable cause. The officer is not entitled to qualified immunity for unlawfully arresting the passenger and issues of material fact exist regarding her claim of excessive force.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 29, 2024, Case #: 1:22cv281, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Brailsford denies the city's motion to dismiss a dispute with a landowner involving a prescriptive easement over a trail that crosses the city's parcel. The court has supplemental jurisdiction over the matter. The case law the government cites does not support its proposition that the state's common ownership of the parcel "cannot satisfy the unity of title requirement for establishing an implied easement."
Court: USDC Idaho, Judge: Brailsford, Filed On: April 10, 2024, Case #: 1:23cv47, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts
J. Brailsford denies the city's motion for protective order and grants in part an employee's motion to compel the production of documents in an employment dispute. The employee alleges that she was fired after requesting accommodations of working from home while recovering from her long-haul Covid-19 symptoms. The city should produce a privilege log listing documents individually, " describing the document with sufficient particularly to show a privilege applies." The employee will be permitted to reopen certain dispositions and the city will bear the expense. There is no evidence that the employee willfully withheld a spreadsheet and emails.
Court: USDC Idaho, Judge: Brailsford, Filed On: February 27, 2024, Case #: 4:22cv180, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
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J. Brailsford grants in part an employer's motion to strike expert testimony regarding an employee's allegations of gender discrimination. The employee alleges that her employer abruptly removed her from a lucrative account because the client refused to work with her because she's a woman. The expert in company management and procedures in the employee's field cannot opine on discrimination
Court: USDC Idaho, Judge: Brailsford, Filed On: January 29, 2024, Case #: 1:21cv31, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Brailsford denies the county's motion to dismiss a cell phone tower building and management company's challenge of a denial of its conditional use permit application to construct a cellphone tower. The tower company claims that the tower is needed to address a gap in cellular coverage. The county has not provided evidence to support its claim that the company failed to state a claim for relief
Court: USDC Idaho, Judge: Brailsford, Filed On: January 11, 2024, Case #: 1:23cv127, NOS: Other Statutory Actions - Other Suits, Categories: Communications
J. Brailsford grants the government's motion to compel and for sanctions in a discovery dispute. The government issued a hold on a couple's passports over a delinquent federal income tax liability. The couple initiated a suit seeking to invalidate the IRS’s delinquent tax certification. The government counterclaimed for a monetary judgment against the couple for their unpaid income taxes. The couple dismissed their complaint, leaving the countersuit as the only remaining claim. The couple does not dispute that the information the government seeks is discoverable. The couple is ordered to clarify their answers to interrogatories within 30 days. The government's request for documents in the possession of the couple's former CPA is granted. Because the motion to compel is granted in full, the motion for sanctions is granted.
Court: USDC Idaho, Judge: Brailsford, Filed On: January 8, 2024, Case #: 2:22cv203, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Sanctions, Tax
J. Brailsford denies an individual's motion for partial summary judgment regarding allegations of excessive force after police fired a less-lethal round at him and released a police dog on him. The individual was arrested after leading police on two car chases then failed to appear in court while he was out on bond. A warrant was issued for his arrest. The individual again led police on a high-speed chase, and after officers found him, they fired a less-lethal round at him, then released a police dog when the individual did not comply with commands to lie face down, and instead reached for his waistband. The individual did not submit a statement of facts supporting his motion for partial summary judgment. The officers are entitled to qualified immunity.
Court: USDC Idaho, Judge: Brailsford, Filed On: December 20, 2023, Case #: 1:22cv105, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford grants a ranch owner's motion for summary judgment in a property purchase dispute with a neighbor. The seller-neighbor violated the 60-day agreed upon timeframe for the ranch owner to consider meeting another buyer's offer on the neighboring property. When the ranch owner notified the neighbor of his intent to meet the other buyer's offer, "an enforceable contract arose between" them.
Court: USDC Idaho, Judge: Brailsford, Filed On: December 8, 2023, Case #: 3:22cv216, NOS: All Other Real Property - Real Property, Categories: Real Estate, Contract
J. Brailsford denies a construction equipment rental and logistics company's motion for preliminary injunction to enjoin its competitor from using its customer database which it alleges was accessed by former employees who were hired by the competitor. The company has not shown a likelihood to succeed on the merits of its allegations that the competitor misappropriated its trade secrets, as it has not provided evidence that the competitor or its employees misappropriated the consumer database. The company offers no forensic evidence that former employees downloaded information from the database or accessed the database after their employment ended.
Court: USDC Idaho, Judge: Brailsford, Filed On: November 13, 2023, Case #: 1:22cv430, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Injunction
J. Brailsford denies the state's motion to dismiss social justice organizations' allegations that House Bill 340 "is an unconstitutional poll tax in violation of the Twenty-Fourth Amendment and violates the Equal Protection Clause of the Fourteenth Amendment" and that House Bill 124 and 340 violate the Twenty-Sixth Amendment. Bill 340 requires voters to provide proof of identity and Idaho residency. Bill 124 requires registered voters to provide personal identification at the polls in order to vote. The organizations sufficiently allege associational standing "because they have sufficiently alleged redressability and injury-in-fact."
Court: USDC Idaho, Judge: Brailsford, Filed On: October 11, 2023, Case #: 1:23cv107, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Brailsford denies in part a hospital and health insurance plan's motion to dismiss an insured's allegations of violation of ERISA after the plan denied coverage for injuries that occurred in a motorcycle crash. The claim is subject to judicial review.
Court: USDC Idaho, Judge: Brailsford, Filed On: September 6, 2023, Case #: 1:22cv359, NOS: Insurance - Contract, Categories: Insurance
J. Brailsford denies in part the government's motion to dismiss a disabled veteran's challenge of the VA's four orders of behavioral restrictions that were issued against the veteran for "disruptive behavior" against VA staff. The veteran's claims regarding three of the orders of behavioral restrictions are dismissed as moot, as they were superseded by the more restrictive fourth order of behavioral restrictions. The veteran's claim that the remaining order of behavioral restrictions is unenforceable because it violates his constitutional rights and his claim that the VA's "use of the phrase 'disruptive behavior' is unconstitutionally vague, overly broad, and ambiguous" continue.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 22, 2023, Case #: 1:22cv327, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford grants the county's motion for summary judgment regarding an individual's allegations of violation of his Eighth Amendment rights. The individual alleges that he was sexually assaulted while he was an inmate in the county jail, by other inmates who had been reported for a prevous sexual assault. The individual alleges that the county, sheriff's office, and employees with supervisory authority failed to take action after the inmates were reported. The individual has not shown that officers were indifferent to the report, as they allege they investigated and found the report to be unsubstantiated. The individual has not shown that the county defendants acted with "malice or intent."
Court: USDC Idaho, Judge: Brailsford, Filed On: August 11, 2023, Case #: 4:21cv432, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford grants the dismissal motion filed by the sheriff's office in this lawsuit stemming from an individual's arrest and subsequent detention in the Ada County Jail. The individual contends that he was subjected to a "body cavity search" and asserts claims under Section 1983 for violations of the Fourth and Eighth Amendments. However, the individual plaintiff "fails to allege the requisite facts to hold a municipality liable" under Section 1983. Also, his state law claims must be dismissed against the sheriff's office, as he did not comply with the notice requirement.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 21, 2023, Case #: 1:22cv318, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights, Assault
J. Brailsford grants the city's motion for summary judgment regarding an individual's allegations that an officer violated his First, Fourth, and Fourteenth Amendment rights when he was arrested for battery on a law enforcement officer. The officer was not the "sole aggressor" and had probable cause to arrest the individual. The individual admitted that he slapped the officer. The officer was justified in handcuffing the individual.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 19, 2023, Case #: 4:21cv379, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Brailsford grants the government's motion to dismiss a citizen's allegations that the government unreasonably delayed processing her mother's visa application. The citizen's mother, a Mexican national, requested an expedited interview before her son turned 21, as he is an “immediate relative” and would be the beneficiary of the citizen's petition once her mother's visa application was approved. The citizen lacks Article III standing as she is not suffering from an injury-in-fact due to the alleged delay. The eleven month delay in processing the mother's visa application is not significant.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 7, 2023, Case #: 1:22cv508, NOS: Other Immigration Actions - Immigration, Categories: Immigration