| First Amendment Law |
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Jerome A. Wilson v. Jon Ozmint
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These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More... $0 (05-15-2013 - SC)
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National Amusements, Inc. v. The Borough of Palmyra
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In 2008, the Borough of Palmyra (“Palmyra”) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAI”), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More... $0 (05-14-2013 - NJ)
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City of West Palm Beach, Florida v. Terance Emmanuel Chatman
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The issue presented for our review is whether a municipal ordinance criminalizing “loitering with intent to commit prostitution” is facially unconstitutional. We find that the ordinance is overbroad and vague, and as such, we affirm the trial court which correctly found this ordinance unconstitutional.
Appellee was charged with violating the City of West Palm Beach ordinance regarding â... More... $0 (05-08-2013 - FL)
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Benito Acosta v. City of Costa Mesa
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Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.” Benito Acosta (“Acosta”) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s
ACOSTA V. 4 CITY OF COSTA MESA
dismissal... More... $0 (05-03-2013 - CA)
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United States of America v. James Tebeau
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James Tebeau owns more than 300 acres of land in southern Missouri where he has held weekend music festivals at which drug use was widespread. After undercover officers investigated the festivals, Tebeau was charged with having maintained a property from 2004 to 2011 for the purpose of manufacturing, storing, and distributing controlled substances in violation of 21 U.S.C. § 856(a)(2). Tebeau mov... More... $0 (04-30-2013 - MO)
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National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms and Explosives
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Like other circuits, the panel adopted a two-step approach to interpretation of the Second Amendment. The first consideration is whether “the conduct at issue falls within the scope of the Second Amendment right” as shown by “historical traditions.” NRA v. ATF, 700 F.3d 185, 194 (5th Cir. 2012).
The second level of consideration is to apply a type of intermediate scrutiny based on... More... $0 (04-30-2013 - TX)
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Mahmoud M. Hegab v. Letitia A. Long, Directory of Geopatial-Intelligence Agency
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When Mahmoud Hegab, an employee of the National Geospatial-Intelligence Agency ("NGA") with a top secret security clearance, informed the agency of his marriage to Bushra Nusairat, the NGA conducted a reinvestigation into his security clearance. Based on new information, the NGA revoked Hegab’s security clearance.
Hegab commenced this action under the Administrative Procedure Act against ... More... $0 (04-25-2013 - VA)
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Tarla Makaeff v. Trump University, LLC
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No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,” is itself a public or limited public figure so as to implicate the First Amendme... More... $0 (04-18-2013 - CA)
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Spacecon Specialty Contractors, LLC v. Richard Bensinger
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Richard Bensinger produced and screened a film about Spacecon Specialty Contractors, LLC. Claiming the film conveyed several defamatory statements, Spacecon filed suit against Bensinger in the United States District Court for the District of Colorado, based on diversity jurisdiction, asserting a state-law claim for defamation per se. The district court granted Bensinger’s motion for summary judg... More... $0 (04-16-2013 - CO)
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State Farm Fire & Casualty Company v. Joesph Martin Radcliff
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In April 2006, central Indiana suffered a large hailstorm. Joseph Radcliff formed a company to repair the storm-damaged homes. State Farm Fire & Casualty Company began denying many of its policyholders’ claims even though other insurance companies were paying similar claims. Radcliff and his company offered to help the State Farm policyholders. Amid a flurry of bad publicity about State Farm’s... More... $14500000 (04-13-2013 - IN)
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Sonya Lister v. Michael Bowen
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Michael Bowen appeals from the trial court‟s order renewing a restraining order against him for three additional years, arguing that reversal is necessary on multiple grounds. Sonya Lister, petitioner below, opposes Bowen‟s grounds, and also argues that the appeal must be dismissed as untimely. We conclude the appeal is timely but that Bowen‟s appellate claims lack merit. Therefore, we affir... More... $0 (04-11-2013 - CA)
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Teresa Lopez v. Tulsa Specialty Hospital LLC
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Teresa Lopez, special administrator for the Estate of Ramon Galvan, deceased sued Tulsa Specialty Hospital LLC d/b/a Meadowbrook Specialty Hospital of Tulsa and Tulsa Nursing Center on negligence theories.
The specifics of the claims made by Plaintiff are not available.
Tulsa Nursing Center appeared and answered as follows:
1. This Defendant denies each and every allegation c... More... $0 (04-08-2013 - OK)
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Thomas Gianfrancesco v. Town of Wrentham
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Thomas Gianfrancesco, the former proprietor of a now-defunct bar and restaurant in Wrentham, Massachusetts, sued the Town of Wrentham and a number of town officials, claiming federal civil rights violations and unfair trade practices. Footnote He alleges that the defendants maliciously imposed excessive regulatory requirements on his restaurant in retaliation for his opposition to certain town po... More... $0 (04-05-2013 - MA)
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A.D. v. State of California Highway Patrol
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A police officer, who violates another’s constitutional right, will receive qualified immunity from suit under 42 U.S.C. § 1983 if the right the officer violated was not protected by clearly established law at the time he acted. See Pearson v. Callahan, 555 U.S. 223, 232 (2009). Since 1998, clear precedent has established that a police officer violates the Fourteenth Amendment due process claus... More... $0 (04-03-2013 - CA)
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United States of America v. Ron Bryant
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Defendant Ron Bryant (“Bryant”) appeals from a judgment of the United States District Court for the Western District of New York (Siragusa, J.) convicting Bryant of one count of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C), and one count of unlawful possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S... More... $0 (04-03-2013 - NY)
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Kent Singer v. Christopher C. Ferro
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11 Plaintiffs Kent Singer, Thomas Nollner, and Jonathan
12 Decker appeal from a judgment of the United States District Court
13 for the Northern District of New York (David N. Hurd, Judge)
14 granting summary judgment to the defendants on the plaintiffs'
15 First Amendment retaliation claims brought pursuant to 42 U.S.C.
16 § 1983. The plaintiffs allege that the defendants, wh... More... $0 (04-02-2013 - )
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Ivan Hernandez v. Michael F. Sheahan
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We are once again asked to consider a case in which prison guards were investigated and reassigned after a major jailbreak occurred on their watch. We previously outlined the peculiar facts of this case in detail, Hernandez v. Cook County Sheriff’s Office, 634 F.3d 906, 909-11 (7th Cir. 2011), so a brief recitation is all that is required here.
2 No. 12-1941
Plaintiffs, Ivan He... More... $0 (04-01-2013 - IL)
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A.C. v. Shelby County Board of Education
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A.C., a minor with Type 1 diabetes, her mother, J.C., and her father, B.C., are the Plaintiffs-Appellants in this case. A.C. attended Bon Lin Elementary School, a school governed by Defendant-Appellee Shelby
1
No. 11-6506 A.C., et al. v. Shelby Cnty. Bd. Of Educ. Page 2
County Board of Education (“SCBE”). After three years of wrangling between Bon Lin officials and P... More... $0 (04-01-2013 - TN)
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Erin Bates v. PC Cast aka Phyllis Cast
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Erin Bates sued PC Cast aka Phyllis Cast, Kristin Cast and St. Martins Press on libel and slander theories claiming:
1. Plaintiff is a resident of Tulsa County, Oklahoma.
2. Defendant P.C. Cast, aka Phyllis Cast, (hereinafter “Defendant P.C. Cast”) is an individual and a resident of Tulsa County, Oklahoma
3. Defendant Kristin Cast is an individual and a resident of T... More... $0 (03-31-2013 - OK)
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Kirkwood, L.P. v. Gorman Management Company
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Kirkwood, L.P. sued Gorman Management Company on a conversion theory claiming:
1. Kirkwood is an Oklahoma Limited Partnership. Kirkwoods sole general partner is Community Housing Concepts, Inc., a 501(c)(3) nonprofit corporation (“Community’t). Community’s mission — and, consequently, Kirkwood’s mission - is to preserve and enhance affordable housing opportunities for low and ve... More... $0 (03-31-2013 - OK)
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American Atheists, Inc. et al. v. Port Authority of New York and New Jersey et al.
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American Atheists, Inc. sued the Port Authority of New York and New Jersey and World Trade Center Memorial Foundation/National September 11 Memorial And Museum claiming that the display of a cross-shaped steel beam found in the World Trade Center's rubble constituted an endorsement of Christianity, diminishing the contributions of non-Christian rescuers in violation of the Constitution.
More... $0 (03-30-2013 - NY)
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Conejo Wellness Center, Inc. v. City of Agoura Hills
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Appellant Conejo Wellness Center, Inc. (Conejo) is located in the City of Agoura Hills. Conejo is a California cooperative corporation that operates as a nonprofit collective engaged in the distribution of medical marijuana to its members. Respondent is the City of Agoura Hills (Agoura).
In the court below, Conejo filed a complaint which sought injunctive and declaratory relief against Agou... More... $0 (03-29-2013 - CA)
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The People v. Jack Kenneth Davis
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Defendant Jack Kenneth Davis appeals a judgment entered upon a jury verdict finding him guilty of possession of a deadly weapon, specifically a billy (Pen. Code, former § 12020, subd. (a)1), and displaying false evidence of registration (Veh. Code, § 4462.5). The jury acquitted him of the charge of carrying a dirk or dagger. (§ 12020, subd. (a).) The trial court suspended imposition of sentence... More... $0 (03-28-2013 - CA)
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Atheists of Florida v. City of Lakewood, Florida
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Atheists of Florida and Ellenbeth Wachs, Director of the Lakeland Chapter
of the Atheists of Florida, (collectively “AOF”), appeal from the district court’s
order denying their motion for summary judgment and granting summary
judgment in favor of the City of Lakeland, Florida and its mayor, Gow Fields,
(collectively “Lakeland” or “Lakeland City”) in this action filed ... More... $0 (03-26-2013 - FL)
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Candice Michelle Hardwick v. Marth Heywood
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On multiple occasions at Latta Middle School and Latta
High School in Latta, South Carolina, school officials prohibited
Candice Hardwick from wearing and on one occasion
punished her for wearing Confederate flag1 shirts at school.
Candice Hardwick, by and through her parents, brought this
action against the school principals and the school board pursuant
to 42 U.S.C. ... More... $0 (03-25-2013 - SC)
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