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Chamness v. Bowen
California state election law requiring that independents be listed as having "No Party Preference" does not violate First Amendment rights.
Civil Rights Jul. 5, 2012
Chavez v. United States
Supervisors, who allegedly did not stop Border Patrol agents from stopping shuttle based on Latin appearance of passengers, are protected by qualified immunity.
Civil Rights Jun. 20, 2012
Okwu v. McKim
Inclusion of comprehensive remedial scheme in Title I of Americans with Disabilities Act precludes 42 U.S.C. Section 1983 civil rights claims predicated on Title I violations.
Civil Rights Jun. 12, 2012
United States v. Ferro
Review of excessiveness of fine under Eight Amendment requires consideration of individualized culpability of property’s owner even if not required under statute.
Civil Rights Jun. 11, 2012
Buckwalter v. State of Nevada Board of Medical Examiners
Members of board of medical examiners are absolutely immune from civil rights liability in exercising summary suspension power because power is analogous to judicial function.
Civil Rights Jun. 10, 2012
Reichle v. Howards
Officials are entitled to qualified immunity from First Amendment retaliatory arrest claim where it was not clearly established that arrest supported by probable cause could give rise to claim.
Civil Rights Jun. 4, 2012
Mendoza v. City of West Covina
Police officer who tasered and punched suspect in custody is not entitled to qualified immunity when suspect died of asphyxiation after being pinned by multiple officers.
Civil Rights May 30, 2012
Marsh v. County of San Diego
Constitution protects mother's right to control remains, memory, and images of deceased child against unwarranted public exploitation by government.
Civil Rights May 29, 2012
James v. City of Costa Mesa
Americans with Disabilities Act does not protect against discrimination based on doctor-recommended marijuana use permitted by state law, but prohibited by federal law.
Civil Rights May 21, 2012
Wood v. City of San Diego
Retiree's disparate treatment claim fails to show city was motivated by discriminatory intent in implementing its facially neutral pension contributions and benefits policies.
Civil Rights May 9, 2012
Henry A. v. Willden
Adoption Assistance and Child Welfare Act provisions requiring case plans for foster children and records are privately enforceable under 42 U.S.C. Section 1983.
Civil Rights May 6, 2012
Buckwalter v. State of Nevada Board of Medical Examiners
Members of board of medical examiners are absolutely immune from civil rights liability in exercising summary suspension power because power is analogous to judicial function.
Civil Rights Apr. 26, 2012
Filarsky v. Delia
Private attorney, who was temporarily retained by City to carry out its work, is entitled to seek qualified immunity from suit under 42 U.S.C. Section 1983.
Civil Rights Apr. 17, 2012
Samper v. Providence St. Vincent Medical Center
Nurse's reasonable accommodation claim under Americans with Disabilities Act fails because regular attendance is essential function of neonatal nursing position at hospital.
Civil Rights Apr. 11, 2012
Moss v. Ruecker
Anti-Bush protestors have plausible claim of viewpoint discrimination where they were given less opportunity to communicate their message than pro-Bush demonstrators.
Civil Rights Apr. 9, 2012
Rehberg v. Paulk
Witness in grand jury proceeding is entitled to same absolute immunity from suit under 42 U.S.C. Section 1983 as witness who testifies at trial.
Civil Rights Apr. 2, 2012
Coalition to Defend Affirmative Action v. Brown
California’s ban on granting preferential treatment in public education based on race or sex does not violate equal protection clause.
Civil Rights Apr. 2, 2012
Emeldi v. University of Oregon
Title IX retaliation plaintiff, who lacks direct evidence, must prove that she suffered adverse action after engaging in protected activity.
Civil Rights Mar. 21, 2012
Conner v. Heiman
District court should decide issue of qualified immunity when material, historical facts are not in dispute, rather than reserving issue for jury.
Civil Rights Mar. 11, 2012
Mundy v. Lenc
Following release of claims against business owner, disabled plaintiff may not sue for accessibility violation that could have been enjoined in first lawsuit.
Civil Rights Feb. 29, 2012
Messerschmidt v. Millender
Officer is entitled to qualified immunity from suit alleging search violated Fourth Amendment where magistrate issued warrant for which there was probable cause.
Civil Rights Feb. 23, 2012
Haskell v. Harris
Law enforcement’s collection of DNA samples from felony arrestees, including individuals who were not ultimately convicted, does not violate Fourth Amendment.
Civil Rights Feb. 23, 2012
Shoyoye v. County of Los Angeles
Although over-detention beyond time lawfully permitted due to clerical error is wrongful, it does not amount to egregious interference with constitutional right.
Civil Rights Feb. 23, 2012
Hunt v. County of Orange
Although 'policymaker' exception to prohibition against retaliation based on political opinion does not apply, official is entitled to qualified immunity from suit.
Civil Rights Feb. 14, 2012
Beets v. County of Los Angeles
Action seeking to show excessive force is barred by prior conviction because jury already determined excessive force was not used and action would undermine conviction.
Civil Rights Feb. 13, 2012
A.E. v. County of Tulare
Dismissal of foster child’s federal civil rights claim without giving leave to amend complaint constitutes abuse of discretion where amendment was not futile.
Civil Rights Jan. 30, 2012
Ryburn v. Huff
Police officers are justified in entering home without warrant when woman flees inside without answering after being asked whether she owns gun.
Civil Rights Jan. 24, 2012
People v. Hartshorn
For a mentally retarded person to be involuntarily civilly committed, his conduct must present likelihood of serious physical harm to himself or others.
Civil Rights Jan. 23, 2012
Bonneau v. Centennial School District No. 28J
Oregon's specialized child abuse statutes of limitations are not applicable to federal civil rights claims in order to avoid uncertainty in litigation.
Civil Rights Jan. 12, 2012
Glenn v. Washington County
Officers may not be entitled to qualified immunity from excessive force claim where they fatally shot suicidal teenager who did not pose threat to others’ safety.
Civil Rights Dec. 28, 2011