University of Michigan Law School
Civil Rights Litigation Clearinghouse

Here are all the additions to the Clearinghouse collection -- cases, summaries, case studies, etc. -- over the past 90 days:


CASE ADDITIONS
September 24, 2017
Sierra Club v. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 4:17-cv-05273-KAW (N.D. Cal.)
IM-CA-0100
Summary/Abstract not yet on record
View Case Detail (IM-CA-0100)


CASE ADDITIONS
September 24, 2017
Defenders of Wildlife v. Duke
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-01873-JM-AGS (S.D. Cal.)
IM-CA-0101
Summary/Abstract not yet on record
View Case Detail (IM-CA-0101)


CASE ADDITIONS
September 24, 2017
Center for Biological Diversity v. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-01215-GPC-WVG (S.D. Cal.)
IM-CA-0103
Summary/Abstract not yet on record
View Case Detail (IM-CA-0103)


CASE ADDITIONS
September 24, 2017
Georgia Advocacy Office v. Shelp
Case Category: Mental Health (Facility)
Trial Docket: 1:09-CV-2880-CAP (N.D. Ga.)
MH-GA-0001
On October 16, 2009, the Georgia Advocacy Office (GAO) filed this lawsuit in the United States District Court for the Northern District of Georgia seeking declaratory and injunctive relief guaranteeing them access to investigate state hospitals in Georgia. Judge Pannell Jr. approved a stipulated agreement on September 30, 2011, requiring the defendants to grant access to their institutions and documents when the GAO sought to investigate.
View Case Detail (MH-GA-0001)


CASE ADDITIONS
September 24, 2017
City of San Jose v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 5:17-cv-05329 (N.D. Cal.)
IM-CA-0098
Summary/Abstract not yet on record
View Case Detail (IM-CA-0098)


CASE ADDITIONS
September 23, 2017
People of the State of California v. United States of America
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-01911-W-BLM (S.D. Cal.)
IM-CA-0102
Summary/Abstract not yet on record
View Case Detail (IM-CA-0102)


CASE ADDITIONS
September 22, 2017
Chamber of Commerce of the United States v. Henry
Case Category: Immigration and/or the Border
Trial Docket: 5:08-cv-00109 (W.D. Okla.)
IM-OK-0003
On February 1, 2008, national, state and local chambers of commerce and other nonprofit organizations advocating for their members' business interests filed a lawsuit against the State of Oklahoma, claiming that Sections 7 and 9 of the Oklahoma Taxpayer and Citizen Protection Act, which impose tax penalties on businesses that don't check the work eligibility of all of their employees in a federal database and allow discharged employees to bring discrimination suits against their employers for employing unauthorized workers, were preempted by the federal Immigration Reform and Control Act. The Court granted the plaintiffs a preliminary injunction on June 4, 2008, and on appeal to the Tenth Circuit the injunction was upheld except for as to the verification requirement. On remand to the District Court, the case was stayed pending the Supreme Court's decision in United States v. Whiting, which Supreme Court later held that an Arizona law requiring employers to use E-Verify was not preempted by federal law. Pursuant to this decision, the district court entered in a judgment on December 19th, 2012, holding that Oklahoma can require persons to contract with the State to use the employment authorization system. However, the provision creating a cause of action for discrimination against employers who terminate an authorized employee while retaining an unauthorized employee and the provision requiring businesses to verify individual independent contractors’ authorization status and creating a withholding for work performed by individual independent contractors, were both struck down.
View Case Detail (IM-OK-0003)


CASE ADDITIONS
September 22, 2017
Gonzales v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 2:06-cv-01411-MJP (W.D. Wash.)
IM-WA-0007
A consortium of immigrant rights advocacy groups filed this case in the Western District of Washington to challenge the Department of Homeland Security's policy of denying applications for "Permission to Reapply for Admission After Deportation or Removal" filed on form I-212 (I-212 waiver application) when ten years had not elapsed since the applicants' last departure. Plaintiffs asserted that this practice violated Ninth Circuit precedent in Perez-Gonzalez v. Ashcroft, the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA) and the Fifth Amendment. While the District Court granted plaintiffs' motion for a preliminary injunction, the Ninth Circuit ultimately reversed, finding that the courts owed deference to an administrative interpretation of the Illegal Immigration Reform and Immigrant Responsibility Act that disposed of plaintiffs' claim. However, following the Ninth Circuit's en banc decision in a related case, the Ninth Circuit withdrew its decision, vacated the District Court's decision and remanded the case. The parties eventually settled, and the District Court approved the settlement agreement on July 21, 2014. The Court certified class, who were entitled to reopening of their immigration case based on the Ninth Circuit's judgment.
View Case Detail (IM-WA-0007)


CASE ADDITIONS
September 22, 2017
Chintakuntla v. INS
Case Category: Immigration and/or the Border
Trial Docket: 3:99-cv-05211-MMC (N.D. Cal.)
IM-CA-0023
On December 8, 1999, plaintiffs filed a class action lawsuit in the U.S. District Court for the Northern District of California, challenging the INS denial of employment-based second preference (EB-2) immigrant visa petitions that were filed by U.S. employers and immigrants who sought to obtain work visas for immigrants with certain employment skills and experience. The issue in plaintiffs' complaint was the INS policy of denying EB-2 applications when form ETA 750 specified a Bachelor's degree plus five years of "Progressive Experience" in lieu of a Master's degree. The District Court (Judge Maxine M. Chesney) entered judgment in favor of plaintiffs, granted provisional class certification and issued a preliminary injunction on May 4, 2000. Judge Chesney ordered the INS to permit some EB-2 immigrant visa petitioners to file untimely motions to reconsider the decisions in their cases in light of the March 20, 2000, Service Memorandum.
View Case Detail (IM-CA-0023)


CASE ADDITIONS
September 22, 2017
Perez-Funez v. Immigration and Naturalization Service
Case Category: Immigration and/or the Border
Trial Docket: CV 81-1457 (C.D. Cal.)
IM-CA-0036
This case involves two consolidated actions in which plaintiffs filed separate lawsuits in the U.S. District Court for the Central District of California, challenging the manner in which the INS implemented its voluntary departure procedure with respect to unaccompanied minor noncitizens in its custody. Plaintiffs claimed that the INS procedures violated the Due Process Clause of the Fifth Amendment. Following a hearing on the merits, the District Court determined that the INS procedures violated the due process rights of the plaintiff class. The Court made its preliminary injunction permanent with some modifications. These included requiring the INS -- before asking a minor to sign the voluntary departure form -- to provide telephone access and an up-to-date list of free legal services to class members, and to ensure that each had the opportunity to communicate with a parent, close adult relative, friend, attorney, or consular officer (this last option only when chosen by the minor).
View Case Detail (IM-CA-0036)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 21, 2017
Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)
www.dhs.gov
Date: Sep. 5, 2017
By: Department of Homeland Security (Department of Homeland Security)
"This memorandum rescinds the June 15, 2012 memorandum entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,' which established the program known as Deferred Action for Childhood Arrivals ('DACA'). For the reasons and in the manner ...
View Link Detail  


CASE ADDITIONS
September 21, 2017
Catholic Social Services v. Ashcroft
Case Category: Immigration and/or the Border
Trial Docket: 2:86-cv-01343-LKK-JFM (E.D. Cal.)
IM-CA-0011
In this decades-long case, Catholic Social Services in 1986 filed a class action lawsuit in the U.S. District Court for the Eastern District of California, challenging the Immigration and Naturalization Service's ("INS") interpretation of the Immigration Reform and Control Act of 1986 ("IRCA"). This case was one of three "late amnesty cases" filed in the federal courts in California against the INS. On January 23, 2004, Judge Karlton approved the final settlement, which allowed class members to apply for permanent resident status under the amnesty program beginning about March 2004. Judge Karlton ordered defendants to pay plaintiffs $3.5 million as full settlement of all claims for attorneys' fees and $100,000 for costs.
View Case Detail (IM-CA-0011)


CASE ADDITIONS
September 19, 2017
Muniz v. Gallegos
Case Category: Immigration and/or the Border
Trial Docket: 3:09-cv-02865 (N.D. Ohio)
IM-OH-0003
Hispanics who were restrained and interrogated by law enforcement agents filed a lawsuit in 2010 in the U.S. District Court for the Northern District of Ohio against the U.S. Border Patrol and several Ohio police departments, accusing the law enforcement agents of racial profiling in violation of the Fourth and Fifth Amendments. The plaintiffs reached undisclosed settlement agreements with the local defendants in 2012. After a bench trial in 2015, the district court found for the defendants in 2016. The plaintiffs appealed to the 6th Circuit, but on Aug. 24, 2017, the 6th Circuit upheld the district court's decision. This case appears to be closed.
View Case Detail (IM-OH-0003)


CASE ADDITIONS
September 19, 2017
Villas at Parkside Partners v. City of Farmers Branch
Case Category: Immigration and/or the Border
Trial Docket: 3:06-cv-02371 (N.D. Tex.)
IM-TX-0003
This case is one of four lawsuits filed against the City of Farmers Branch, Texas, to challenge a city ordinance that required apartment owners and managers to determine the citizenship or immigration status of their tenants and imposed penalties for their failure to do so. The U.S. District Court for the Northern District of Texas (Judge Sam A. Lindsay) issued a temporary restraining order, a preliminary injunction, and finally, on August 29, 2008, a permanent injunction barring enforcement of the law as preempted by federal law. A new, similar law, however, has since been passed. (See IM-TX-0028 for the case on that law.) This case is now closed.
View Case Detail (IM-TX-0003)


CASE ADDITIONS
September 19, 2017
Garcia v. United States of America
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-05380 (N.D. Cal.)
IM-CA-0099
Summary/Abstract not yet on record
View Case Detail (IM-CA-0099)


CASE ADDITIONS
September 17, 2017
Perez-Olano v. Gonzalez
Case Category: Immigration and/or the Border
Trial Docket: 2:05-cv-03604-DDP-RZ (C.D. Cal.)
IM-CA-0051
On May 13, 2005, attorneys for the Center for Human Rights and Constitutional Law and Los Angeles Center for Law and Justice instituted a nation-wide class action in the U.S. District Court for the Central District of California on behalf of immigrant youth who were formerly dependents of state courts because they had been abused, abandoned, or neglected, and who petitioned for classification as "special immigrant juveniles" (SIJ) under the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101(a)(27)(J) & 1255(a). In 2010 the parties concluded a class-wide settlement agreement. The settlement agreement provides relief to the certified sub-classes as well as the removal sub-class that the court had declined to certify. The agreement became effective when it was approved by the court on December 15, 2010, and was to be in force for 6 years. However, in 2014 plaintiffs alleged that defendants were not properly enforcing the settlement; Judge Pregerson on Apr. 8, 2015 ordered defendants to pay plaintiffs $105,000 for expenses related to the motion for enforcement, under the Equal Access to Justice Act. After the agreement had ended, on June 9, 2017, plaintiffs again moved to enforce the settlement on behalf of four detained children who had gained SIJ status in 2016 but to whom defendant argued that the settlement did not apply. This case is ongoing.
View Case Detail (IM-CA-0051)


CASE ADDITIONS
September 15, 2017
Gonzalez Torres v. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-01840-JM-NLS (S.D. Cal.)
IM-CA-0097
Summary/Abstract not yet on record
View Case Detail (IM-CA-0097)


CASE ADDITIONS
September 15, 2017
Arizona Dream Act Coalition v. Brewer
Case Category: Immigration and/or the Border
Trial Docket: 2:12-cv-02546 (D. Ariz.)
IM-AZ-0019
On November 29, 2012, Plaintiffs filed suit in the U.S. District Court for the District of Arizona against the State of Arizona. Plaintiffs are immigrants eligible for the federal DACA program, claiming that Arizona is illegally denying them a driver's license. On September 17, 2013, the plaintiffs amended the complaint, adding two individual plaintiffs and removing class action claims. On July 7, 2014, the Ninth Circuit Court of Appeals granted the plaintiffs' motion for preliminary injunction; the Supreme Court denied cert. The District Court granted both a preliminary injunction on Dec. 18, 2014 and a permanent injunction on Feb. 18, 2015. The Ninth Circuit upheld the injunction on Apr. 5, 2016, and denied an en banc rehearing. Defendants petitioned the Supreme Court for cert on Mar. 29, 2017. This case is still ongoing.
View Case Detail (IM-AZ-0019)


CASE ADDITIONS
September 15, 2017
State of California v. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-05235-MEJ (N.D. Cal.)
IM-CA-0096
In 2012, President Obama created the Deferred Action for Childhood Arrivals (DACA) program. Created by executive order, the program offered work permits and temporary protection from deportation to undocumented immigrants who had been brought to the United States as children. As of 2017, there were an estimated 800,000 DACA recipients. On September 5, 2017, President Trump announced that he was ending the program in March unless congress acts within the next six months. Against that backdrop, the State of California sued the Department of Homeland Security challenging the government's decision to revoke DACA. In its complaint, California notes that it is home to more DACA recipients, or "Dreamers," than any other state in the country - more than 200,000. DACA, the complaint argues, has provided invaluable protections to young people across the state, allowing them to pursue education and jobs. In turn, they have contributed to the California economy and educational experiences of students in California's school systems. In their complaint, plaintiffs argued that rescinding DACA leaves Dreamers "violates fundamental notions of justice" by leaving Dreamers without access to jobs and making them vulnerable to deportation. The complaint also alleged that DACA recipients were required to divulge confidential information in order to apply for the program, including information about their immigration status and address; recipients were assured that the information would be kept confidential. By revoking DACA, plaintiffs argued that the government created a "confusing and threatening situation" in which that private information is at risk of being used against recipients in future immigration proceedings. Joined by the states of Minnesota and Main, the complaint alleged that the government's decision violated the fifth amendment due process clause, the Administrative Procedure Act, the Regulatory Flexibility Act. Plaintiffs also alleged that the government violated the Equal Protection Cause. They sought equitable estoppel to prevent the government from divulging DACA recipients personal information as well as an order from the court enjoining the government from rescinding the program. The case was assigned to Magistrate Judge Maria-Elena James on September 11. It is ongoing.
View Case Detail (IM-CA-0096)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 13, 2017
Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
The lawsuit, Fassbender Amochaev v. Citigroup Global Markets Inc., dba Smith Barney, alleges that Smith Barney has engaged in a pattern and practice of gender discrimination against its female financial consultants in account distribution, compensation, and other terms and conditions of employment ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 13, 2017
Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
On April 27, 2016, Steve Rabin, an older CPA who was denied employment at PricewaterhouseCoopers LLP (“PwC”), filed an age discrimination class and collective action on behalf of himself and all other unsuccessful PwC accountant applicants aged 40 and over from 2013 to the present. The lawsuit ...
View Link Detail  


CASE ADDITIONS
September 13, 2017
State of California v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-04701 (N.D. Cal.)
IM-CA-0094
Summary/Abstract not yet on record
View Case Detail (IM-CA-0094)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 12, 2017
Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
The class action complaint alleges that Microsoft has engaged in systemic and pervasive discrimination against female employees in technical and engineering roles (“female technical employees”) with respect to performance evaluations, pay, promotions, and other terms and conditions of ...
View Link Detail  


CASE ADDITIONS
September 12, 2017
City of Chicago v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: 1:17-cv-05720 (N.D. Ill.)
IM-IL-0020
Summary/Abstract not yet on record
View Case Detail (IM-IL-0020)


CASE ADDITIONS
September 10, 2017
City of Philadelphia v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: 2:17-cv-03894-MMB (E.D. Pa.)
IM-PA-0015
Summary/Abstract not yet on record
View Case Detail (IM-PA-0015)


CASE ADDITIONS
September 9, 2017
Regents of University of California v. United States Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-05211 (N.D. Cal.)
IM-CA-0095
Summary/Abstract not yet on record
View Case Detail (IM-CA-0095)


CASE ADDITIONS
September 7, 2017
State Of New York et al v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 1:17-cv-05228 (E.D.N.Y.)
IM-NY-0055
Summary/Abstract not yet on record
View Case Detail (IM-NY-0055)


CASE ADDITIONS
August 20, 2017
City and County of San Francisco v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-04642-WHO (N.D. Cal.)
IM-CA-0093
Summary/Abstract not yet on record
View Case Detail (IM-CA-0093)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 15, 2017
Immigration Nationality Act § 1226
Date: Jun. 27, 1952
(Legal Information Institute)
Text of the Immigration Nationality Act § 1226 (8 U.S.C. § 1226).*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 15, 2017
Date: Jun. 27, 1952
(Legal Information Institute)
Text of the Immigration Nationality Act § 1225 (8 U.S.C. § 1225).*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 15, 2017
The Oyez Project, Jennings v. Rodriguez
Date: Nov. 30, 2016
Summary of the Jennings v. Rodriguez questions at issue before the Supreme Court, link to audio recording of November 30, 2016 oral argument, summary of the facts of the case.*
View Link Detail  


CASE ADDITIONS
August 6, 2017
[Caption Redacted] Government's Ex Parte Submission of [Redacted] and Related Procedures and Request for an Order Approving [Redacted] and Procedures (August 2008)
Case Category: National Security
Trial Docket: [Redacted] (FISC)
NS-DC-0116
Summary/Abstract not yet on record
View Case Detail (NS-DC-0116)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 3, 2017
Oyez.com | Frew v. Hawkins
Date: Apr. 14, 2004
A brief and helpful summary of the main issues presented and questions answered in the Supreme Court appeal of Frew v. Hawkins. The website also contains recordings of oral argument and the opinion announcement.*
View Link Detail  


CASE ADDITIONS
August 2, 2017
Council on American-Islamic Relations - Connecticut v. U.S. Citizenship and Immigration Services
Case Category: National Security
Trial Docket: 3:17-cv-01061-AVC (D. Conn.)
NS-CT-0001
This Freedom of Information Act (FOIA) complaint, filed on June 27, 2017, seeks to enhance knowledge about discriminatory immigration policy regarding Muslims, Latinos, and other members of groups disfavored by the Department of State (DOS) and the Department of Homeland Security (DHS). The complaint was filed in the United States District Court for the District of Connecticut. The plaintiffs are two non-profit organizations: Council on American-Islamic Relations - Connecticut (CAIR-CT) and Make the Road New York (MRNY). In the complaint, they cited various examples of anti-immigrant and anti-refugee rhetoric from President Trump, as well as the Trump administration's Executive Orders banning individuals from certain Middle Eastern countries. The plaintiffs argued that these incidents directly impacted their work of enhancing public understanding of Islam and empowering immigrant and working-class communities. The plaintiffs submitted three FOIA requests in furtherance of their work to U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and DOS. According to the complaint, the FOIA requests sought greater understanding of the administration's immigration enforcement policies out of a concern that the defendants have targeted individuals on the basis of actual or perceived religion, ethnicity, race, or national origin in enforcing their immigration policies. Specifically, the plaintiffs sought "disclosure of agency policies, communications, and statistics related to visa processing and visa issuances for individuals applying abroad; to adjudication of entry document applications; and to screening and searching of individuals arriving at U.S. ports of entry." After the defendants did not produce any responsive records, the plaintiffs sought declaratory and injunctive relief, and "to compel the disclosure and release of urgently needed records." The case was assigned to Judge Alfred V. Covello. The case is ongoing.
View Case Detail (NS-CT-0001)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 1, 2017
ACLU Sues Missouri Over Disastrous Public Defender System
By: ACLU
The American Civil Liberties Union and the ACLU of Missouri, along with the MacArthur Justice Center, and the law firm of Orrick, Herrington & Sutcliffe LLP, filed a class action lawsuit against the State of Missouri over its public defender office’s inability to provide adequate defense to poor ...
View Link Detail  


CASE ADDITIONS
August 1, 2017
Frew v. Traylor
Case Category: Public Benefits / Government Services
Trial Docket: No. 3:93-cv-00065 (E.D. Tex.)
PB-TX-0011
Summary/Abstract not yet on record
View Case Detail (PB-TX-0011)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 31, 2017
Pierce County v. Washington
www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
Caught in the vicious cycle that’s all too common across the U.S. today, hundreds of people with serious mental illnesses in Pierce County, Washington, have been committed to the hospital for short-term interventions, then discharged to a community with inadequate resources to meet their needs, ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 31, 2017
Sampson v. Beth Israel Deaconess Medical Center
www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
The lawsuit, known as Sampson v. Beth Israel Deaconess Medical Center, asked the court to require the hospital to comply with the Americans with Disabilities Act, which mandates “reasonable accommodation” of an individual’s disability. In this case, that would involve waiving the search ...
View Link Detail  


CASE ADDITIONS
July 31, 2017
Church v. State of Missouri
Case Category: Indigent Defense
Trial Docket: 2:17-cv-04057-NKL (W.D. Mo.)
PD-MO-0003
Summary/Abstract not yet on record
View Case Detail (PD-MO-0003)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 30, 2017
Bravo v. Board of Commissioners of Dona Ana County
http://www.bazelon.org/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
Filed in federal court in New Mexico, Bravo challenges the lack of mental health services and release planning in the county jail and discriminatory arrest practices by local law enforcement officers. According to the complaint, 30-40% of the approximately 900 detainees crowded into the 850-bed ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 30, 2017
Montgomery Public Schools
http://www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
On behalf of Montgomery school children, in May 2011 the Alabama Disabilities Advocacy Program (ADAP), the Judge David L. Bazelon Center for Mental Health Law, and the Law Offices of Sears & Sears, PC, filed three complaints with the Alabama State Department of Education. The complaints allege ...
View Link Detail  


CASE ADDITIONS
July 30, 2017
[Caption Redacted] Government’s Ex Parte Submission of Reauthorization Certifications and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certifications (September 2016)
Case Category: National Security
Trial Docket: [Redacted] (FISC)
NS-DC-0113
Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a et seq., permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad. The government need not ...
View Case Detail (NS-DC-0113)


CASE ADDITIONS
July 30, 2017
Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity
Case Category: Presidential Authority
Trial Docket: 1:17-cv-01320-CKK (D.D.C.)
PR-DC-0005
On July 3, 2017, the Electronic Privacy Information Center ("EPIC") filed this lawsuit in the United States District Court for the District of Columbia. The Plaintiff sued the Presidential Advisory Commission on Election Integrity, individual members of the Commission, the Department of Defense, and the Director of the White House Information Technology. The Plaintiff alleged that the Defendants violated U.S. statutes and the U.S. Consititution when it started to collect private voter information without first releasing a Privacy Impact Assessment to the public. Judge Colleen Kollar-Kotelly denied the Plaintiff's motion for a Temporary Restraining Order and a Preliminary Injunction. The Plaintiff appealed, and the case is ongoing.
View Case Detail (PR-DC-0005)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 25, 2017
Blackman. v. District of Columbia
http://www.bazelon.org/blackman-v-district-of-columbia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
Blackman. v. District of Columbia is a class action originally filed in 1997 to challenge the city public school system’s failure to comply with requirements of the Individuals with Disabilities Education Act (IDEA), a federal law that guarantees children with disabilities the right to a free and ...
View Link Detail  


CASE ADDITIONS
July 25, 2017
In re Opinions and Orders of this Court Containing Novel or Significant Interpretations of Law
Case Category: National Security
Trial Docket: Misc. 16-01 (FISC)
NS-DC-0117
Summary/Abstract not yet on record
View Case Detail (NS-DC-0117)


CASE ADDITIONS
July 24, 2017
James Madison Project (Daily Beast) v. Department of Homeland Security
Case Category: National Security
Trial Docket: 1:17-cv-01281 (D.D.C.)
NS-DC-0115
On June 29, 2017, plaintiffs the James Madison Project, Noah Shachtman, and Betsy Woodruff sued the defendant agencies under the Freedom of Information Act ("FOIA"). Plaintiffs sought disclosure of agency records by Department of Homeland Security ("DHS"), as well as by DHS's subordinate entities: the Transportation Security Administration ("TSA"), Customs and Border Protection ("CBP"), and U.S. Citizenship and Immigration Services ("USCIS"). Specifically, plaintiffs sought the disclosure of records clarifying the extent to which U.S. lawful permanent residents (LPRs) were coerced into surrendering their residency statuses, once DHS began implementing President Trump's Jan. 27 Executive Order 13769 but before DHS stopped enforcing it on Feb. 4. According to plaintiffs, lawyers for some travelers affected by the EO claimed their clients were, during this implementation period, pressured to sign I-407 forms surrendering their LPR status.
View Case Detail (NS-DC-0115)


CASE ADDITIONS
July 24, 2017
In re Opinions and Orders of this Court Addressing Bulk Collection of Data under the Foreign Intelligence Surveillance Act [FISA Docket Misc. 13-08]
Case Category: National Security
Trial Docket: Misc. 13-08 (FISC)
NS-DC-0026
On June 12, 2013, the American Civil Liberties Union (ACLU) and the Media Freedom and Information Access Clinic (MFIAC) filed a motion in the FISC for release of court records including opinions that address the legal authority for the NSA's bulk telephony metadata program. There has been no activity on this docket since December 2013.
View Case Detail (NS-DC-0026)


CASE ADDITIONS
July 19, 2017
In re Directives to Yahoo Pursuant to Section 105B of the Foreign Intelligence Surveillance Act. [105B(g) 07-01]
Case Category: National Security
Trial Docket: 105B(g) 07-01 (FISC)
NS-DC-0008
The internet company Yahoo attempted to resist surveillance of some of its customers by the NSA under Section 105(B)(g) of the Foreign Intelligence Surveillance Act, but lost in front of the FISA Court and the FISA Court of Review. Yahoo then petitioned the FISC and FISCR to declassify the documents in this case and was successful.
View Case Detail (NS-DC-0008)


CASE ADDITIONS
July 19, 2017
Cole v. Collier
Case Category: Prison Conditions
Trial Docket: 4:14-cv-01698 (S.D. Tex.)
PC-TX-0016
Class action against Texas Department of Criminal Justice alleging violations of the Eighth and Fourteenth Amendments, as well as the ADA and Rehabilitation Act. Plaintiffs bring suit over extremely hot indoor temperatures at Wallace Pack Prison in southern Texas, a medical and geriatric prison the interior of which is not climate controlled. The case is presently in the midst of discovery, and the Court ordered preliminary injunction requiring the TDCJ to provide EPA-compliant drinking water to the inmates through September 22, 2016. The defendants appealed the preliminary injunction, but the Fifth Circuit ultimately issued an opinion declaring the issue moot. On July 19, 2017, Judge Ellison granted a preliminary injunction ordering TDCJ to lower the temperature in dormitories for heat-sensitive inmates to 88 degrees. The injunction was to last for 90 days.
View Case Detail (PC-TX-0016)


CASE ADDITIONS
July 11, 2017
Wilson v. Allen County
Case Category: Indigent Defense
Trial Docket: 1:15-cv-00402 (N.D. Ind.)
PD-IN-0002
On December 31, 2015, an indigent defendant charged with a misdemeanor in Allen County, Indiana, filed this lawsuit in United States District Court for the Northern District of Indiana. He sought injunctive and declaratory relief to ensure the County's public defender system adequately represents indigent defendants. He also sought class certification. As of July 11, 2017, the parties were engaging in discovery.
View Case Detail (PD-IN-0002)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 10, 2017
International Brotherhood of Electrical Workers Cases: Notice Letters and Investigations
Papers of Owen Fiss
Date: 1966
By: Owen Fiss
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 7, 2017
Police Assessment Resource Center: County of Los Angeles
Date: Dec. 31, 2016
(PARC )
The Police Assessment Resource Center (PARC) was founded to provide independent, evidence-based counsel and research on effective, respectful, and publicly accountable policing to law enforcement agencies, government entities, and community groups. It was founded in 2001 by the Vera Institute of ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 7, 2017
William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
William G. v. Pataki was filed on behalf of parolees with serious mental illnesses and substance abuse problems who are languishing in jail, waiting for state-funded treatment services to become available. The parolees are being held in New York City jails for alleged technical violations of their ...
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CASE ADDITIONS
July 7, 2017
Colorado Criminal Defense Bar v. Hickenlooper
Case Category: Indigent Defense
Trial Docket: 1:10-cv-02930-JLK (D. Colo.)
PD-CO-0001
Summary/Abstract not yet on record
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 6, 2017
Missouri P&A and Scaletty v. Carnahan
http://www.bazelon.org/missouri-pa-and-scaletty-v-carnahan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
The case was filed on behalf of Bob Scaletty, a retired electrician diagnosed with paranoid schizophrenia, and Missouri Protection and Advocacy Services, which represents people with mental disabilities. Mr. Scaletty had voted consistently until November 2004, when he received a letter saying he ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 6, 2017
Jane Doe v. Hunter College
http://www.bazelon.org/jane-doe-v-hunter-college/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
The plaintiff, “Jane Doe,” had admitted herself to Cabrini Medical Center after taking a large number of Tylenol pills and then calling 911. When she returned to the dorm she found the locks to her room changed. She was allowed to remove her belongings only in the presence of a security guard. ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 6, 2017
Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
The settlement brought about a significant transformation of New Jersey’s mental health service system. The state greatly expanded supported housing and other community services for people with serious mental illness, helping thousands of people avoid needless hospitalization. It also made ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 6, 2017
Groundbreaking 7th Circuit Ruling in Favor of Ash Whitaker, Transgender Student Seeking Access to Correct Bathroom
Date: May 30, 2017
By: Transgender Law Center (Transgender Law Center)
An article about the 7th Circuit's ruling in W. v. Kenosha Unified School District No 1 Board of Education, along with other resources pertaining to this case.*
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CASE ADDITIONS
July 6, 2017
Ali v. Thaler
Case Category: Prison Conditions
Trial Docket: 9:09-cv-00052-RC-JKG (E.D. Tex.)
PC-TX-0017
On March 29, 2009, a Muslim inmate at the Gib Lewis Unit in the Texas Department of Criminal Justice filed this pro-se lawsuit in the United States District Court for the Eastern District of Texas. He sought relief from a TDCJ policy prohibiting him from wearing his beard at a fist-length and from wearing a Kufi. The case went back and forth between the District Court and the Fifth Circuit for more than seven years, but the Plaintiff ultimately won a permanent injunction enjoining TDCJ from enforcing these grooming policies.
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 29, 2017
Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Date: Jun. 28, 2017
By: U.S. Department of State
On June 26, 2017, the Supreme Court partially lifted preliminary injunctions that barred the Department from enforcing section 2 of Executive Order (E.O.) 13780, which suspends the entry to the United States of, and the issuance of visas to, nationals of six designated countries, as well as section ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 28, 2017
Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
In accordance with my duties as Attorney General, I have determined that section 9(a) of the Executive Order, which is directed to the Attorney General and the Secretary of Homeland Security, will be applied solely to federal grants administered by the Department of Justice or the Department of ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 28, 2017
Video: Ninth Circuit Hears Travel Ban Oral Arguments
C-SPAN
Date: May 15, 2017
By: Ninth Circuit
The Ninth Circuit Court of Appeals reviewed the decision of Hawaii U.S. District Court Judge Derrick Watson regarding the enforcement of President Trump’s travel ban. Judge Watson issued a preliminary injunction and stay blocking President Trump’s enforcement of his revised travel ban involving ...
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CASE STUDIES
June 28, 2017
"Avoyelles Parish Public Schools: Louisiana School for the Agricultural Sciences’ Admission Policies as a Breeding Ground for a Return to Legal Segregation"
SSRN
Date: Mar. 15, 2017
By: Daisha Latrice Hodges (Southern University Law Center Law Student)
In the landmark decision of Brown v. Board of Education of Topeka, Kansas, the United States Supreme Court declared that doctrine of “separate but equal” was unconstitutional; however, nearly six decades later schools are divided along racial lines. Avoyelles Parish Public Schools have been ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 28, 2017
#StopSB4
Texas Civil Rights Project
Date: Jun. 27, 2017
By: Texas Civil Rights Project
On May 7th, Texas’ Governor, Greg Abbott, signed SB 4 into law. SB 4 is the most discriminatory piece of anti-immigrant legislation in the United States. SB 4 is currently scheduled to go into effect in September 2017. The bill makes Texas less safe by encouraging racial profiling and forcing ...
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