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:


ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Reviving the Carefully Limited Exception: From Jail to GPS Bail
Faulkner L. Rev.
Date: 2013
By: Alexis Causey
5 Faulkner L. Rev. 59-114
California's prisons are grossly overcrowded, violating the United States Constitution.' To solve this problem, the California Legislature passed the Public Safety Realignment Act, Assembly Bill 109. The Act aims to decrease prison populations by sending non-violent, non-serious, and non-sex ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Access to Justice for Asylum Seekers: Developing an Effective Model of Holistic Asylum Representation
U. Mich. J.L. Reform
Date: 2015
By: Sabrineh Ardalan (Harvard Law School Faculty)
48 U. Mich. J.L. Reform 1001-1038
The United States does not guarantee asylum seekers the help of an advocate or a lawyer. This fact alone presents a serious barrier to access to justice given the complexities of the U.S. asylum system. A national study found that fewer than forty percent of immigrants facing removal were ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Government Access to and Manipulation of Social Media: Legal and Policy Challenges
How. L.J.
Date: 2018
By: Rachel Levinson-Waldman (New York University School of Law Faculty)
61 How. L.J. 523-562
This essay highlights issues arising from law enforcement's use of social media for a range of purposes; analyzes the legal framework that governs its use; and proposes basic principles to govern law enforcement's access to social media in order to ensure transparency and safeguard individuals' ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
The Union of Contraceptive Services and the Affordable Care Act Gives Birth to First Amendment Concerns
Alb. L.J. Sci. & Tech.
Date: 2013
By: Evelyn M. Tenenbaum (Albany Law School Faculty)
23 Alb. L.J. Sci. & Tech. 539-580
In the Patient Protection and Affordable Care Act (ACA), the Obama Administration attempted to deal with the underutilization of preventive services by requiring that some of these services be provided free of charge. In implementing the Act, the Department of Health and Human Services (HHS) ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
From Mass Incarceration to Mass Control, and Back Again: How Bipartisan Criminal Justice Reform May Lead to a for-Profit Nightmare
U. Pa. J.L. & Soc. Change
Date: 2017
By: Carl Takei (National Prison Project of the American Civil Liberties Union (ACLU) Faculty)
20 U. Pa. J.L. & Soc. Change 125-183
Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, but each side comes to it with distinct and in many ways incompatible long-term interests. If ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Property Rebels: Reclaiming Abandoned, Bank-Owned Homes for Community Uses
Am. U. L. Rev.
Date: 2015
By: Valerie Schneider (Howard University School of Law Faculty)
65 Am. U. L. Rev. 399-434
In urban cores, abandoned, bank-owned, foreclosed homes attract crime, drain value from neighboring properties, and deplete the resources of municipalities, creating economic black holes in communities. Groups of activists affiliated with the Occupy Our Homes movement have been working to undo the ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Beyond Deliberate Indifference: Improving Jail Health Care with False Claims Acts
Va. J. Soc. Pol'y & L.
Date: 2017
By: Nina Goepfert (University of Virginia School of Law Law Student)
25 Va. J. Soc. Pol'y & L. 123-157
Over 11 million people are admitted into U.S. jails annually. Every year countless men and women die in jail before they are convicted of any crime because health care providers neglect their medical needs. Jail health care is a frequent and worthy subjection of litigation. Section 1983 has ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Policing Black Residents as Nuisances: Why Selective Nuisance Law Enforcement Violates the Fair Housing Act
Harv. J. Racial & Ethnic Just.
Date: 2018
By: Rachel Smith
34 Harv. J. Racial & Ethnic Just. 87-116
Across the county, cities and suburbs especially those with increasing minority populations are passing 'crime-free' housing laws and other broad new nuisance laws that give police unprecedented discretion to compel evictions. Towns are also discriminatorily enforcing existing nuisance laws, which ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Future of the Fourth Amendment: The Problem with Privacy, Poverty and Policing
U. Md. L.J. Race, Religion, Gender & Class
Date: 2014
By: Kami Chavis Simmons (Wake Forest University School of Law Faculty)
14 U. Md. L.J. Race, Religion, Gender & Class 240-272
For decades, the reasonable expectation of privacy has been the
primary standard by which courts have determined whether a “search”
has occurred within the meaning of the Fourth Amendment. The
Supreme Court’s recent decision in U.S. v. Jones, however, has
reinvigorated ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Beginning to End Racial Profiling: Definitive Solutions to an Elusive Problem
Wash. & Lee J. Civil Rts. & Soc. Just.
Date: 03/18/2011
By: Kami Chavis Simmons (Wake Forest University Law School Faculty)
18 Wash. & Lee J. Civil Rts. & Soc. Just. 25-54
Undoubtedly, the pernicious practice of racial profiling, or at least the
perception that this practice occurs, has caused many citizens to alter their routine to avoid the indignity of yet another police stop. Unfortunately, there is a growing body of evidence that suggests that the ...
View Article Detail  


CASE ADDITIONS
December 7, 2019
Latino Officers Ass'n of New York v. City of New York
Case Category: Equal Employment
Trial Docket: 1:99-cv-09568 (S.D.N.Y.)
EE-NY-0208
Summary/Abstract not yet on record
View Case Detail (EE-NY-0208)


CASE ADDITIONS
December 3, 2019
Fraihat v. U.S. Immigration and Customs Enforcement
Case Category: Immigration and/or the Border
Trial Docket: 5:19-cv-01546 (C.D. Cal.)
IM-CA-0147
In August 2019, 15 individuals who are currently detained by U.S. Immigration and Customs, as well as two nonprofit groups who advocate for immigrant rights, filed a class action suit against U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement for violating their Fifth Amendment rights, the Rehabilitation Act of 1973, and the Americans with Disabilities Act. The case is ongoing and is in the U.S. District Court for the Central District of California. The plaintiffs seek injunctive relief and immigration reform.
View Case Detail (IM-CA-0147)


CASE ADDITIONS
December 3, 2019
Nappier v. Snyder
Case Category: Public Benefits / Government Services
Trial Docket: 1:16-cv-00636 (W.D. Mich.)
PB-MI-0028
Summary/Abstract not yet on record
View Case Detail (PB-MI-0028)


CASE ADDITIONS
December 2, 2019
Reynolds v. Alabama Department of Transportation
Case Category: Equal Employment
Trial Docket: 2:85-cv-00665 (M.D. Ala.)
EE-AL-0101
Summary/Abstract not yet on record
View Case Detail (EE-AL-0101)


CASE ADDITIONS
December 2, 2019
Center for Investigative Reporting v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 4:18-cv-00044-KAW (N.D. Cal.)
IM-CA-0111
On Jan. 3, 2018, the Center for Investigative Reporting (CIR) and brought this suit in N.D.Cal, suing DHS under FOIA. Plaintiff sought information on on the United States' land acquisition and expenses at the southern border for construction of a wall. The FOIA request was completed and on Mar. 29, 2019, the case was settled with the defendant paying plaintiff's attorney fees. The case is now closed.
View Case Detail (IM-CA-0111)


CASE ADDITIONS
December 1, 2019
Prince v. Aiellos
Case Category: Prison Conditions
Trial Docket: 2:09-cv-05429 (D.N.J.)
PC-NJ-0023
Summary/Abstract not yet on record
View Case Detail (PC-NJ-0023)


CASE ADDITIONS
December 1, 2019
Aref v. Holder
Case Category: Prison Conditions
Trial Docket: 1:10-cv-00539-RMU (D.D.C.)
PC-DC-0023
Summary/Abstract not yet on record
View Case Detail (PC-DC-0023)


CASE ADDITIONS
December 1, 2019
Doe v. Meachum
Case Category: Prison Conditions
Trial Docket: 88-562 (D. Conn.)
PC-CT-0005
Summary/Abstract not yet on record
View Case Detail (PC-CT-0005)


CASE ADDITIONS
December 1, 2019
U.S. v. Alabama
Case Category: Prison Conditions
Trial Docket: 2:15-cv-00368-MHT-TFM (M.D. Ala.)
PC-AL-0034
Summary/Abstract not yet on record
View Case Detail (PC-AL-0034)


CASE ADDITIONS
November 30, 2019
Frank v. Walker
Case Category: Election/Voting Rights
Trial Docket: 2:11-cv-01128-LA (E.D. Wis.)
VR-WI-0017
Summary/Abstract not yet on record
View Case Detail (VR-WI-0017)


CASE ADDITIONS
November 30, 2019
Novoa v. GEO Group
Case Category: Immigration and/or the Border
Trial Docket: 5:17-cv-02514 (C.D. Cal.)
IM-CA-0142
In 2017, an immigrant who had been detained at the Adelanto Detention Center, a civil immigration detention facility, filed this putative class action complaint in the U.S. District Court for the Central District of California. The plaintiff alleged the defendant, GEO Group, had a practice of wage theft, unjust enrichment, and forced labor: all violating the Trafficking Victims Protection Act and California state law. A class was certified in September 2019. As of November 2019, the case is ongoing.
View Case Detail (IM-CA-0142)


CASE ADDITIONS
November 30, 2019
Jewish Family Service of Seattle v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 2:17-cv-01707-JLR (W.D. Wash.)
IM-WA-0036
Summary/Abstract not yet on record
View Case Detail (IM-WA-0036)


CASE ADDITIONS
November 30, 2019
Ave Maria University v. Sebelius
Case Category: Speech and Religious Freedom
Trial Docket: 2:13−cv−00630 (M.D. Fla.)
FA-FL-0003
Summary/Abstract not yet on record
View Case Detail (FA-FL-0003)


CASE ADDITIONS
November 30, 2019
Louisiana College v. Sebelius
Case Category: Speech and Religious Freedom
Trial Docket: 12-cv-00463 (W.D. La.)
FA-LA-0002
Summary/Abstract not yet on record
View Case Detail (FA-LA-0002)


CASE ADDITIONS
November 27, 2019
United States v. Mississippi
Case Category: Mental Health (Facility)
Trial Docket: 3:16-cv-00622-CWR-FKB (S.D. Miss.)
MH-MS-0001
The U.S. sued the State of Mississippi under the Americans with Disabilities Act. The U.S. alleged that the State knowingly failed to provide adequate mental health programs for adults with mental illness and segregated adults with disabilities in their State-run hospitals. After a four-week bench trial, the court found that the health system violated the ADA and required a special master to determine and oversee the remedial process. The case is ongoing.
View Case Detail (MH-MS-0001)


CASE ADDITIONS
November 26, 2019
Americans United for Separation of Church and State v. Prison Fellowship Ministries
Case Category: Prison Conditions
Trial Docket: 4:03-cv-90074-RP-TJS (S.D. Iowa)
PC-IA-0025
Summary/Abstract not yet on record
View Case Detail (PC-IA-0025)


CASE ADDITIONS
November 25, 2019
Haldane v. Hammond
Case Category: Prison Conditions
Trial Docket: 2:15-cv-01810-RAJ-MAT (W.D. Wash.)
PC-WA-0026
Summary/Abstract not yet on record
View Case Detail (PC-WA-0026)


CASE STUDIES
November 24, 2019
"Lewis v. Governor of Alabama"
Harvard Law Review
Date: Dec. 10, 2018
(Harvard Law School)
This Harvard Law Review article analyzes the background behind Lewis v. Bentley as well as the U.S. Court of Appeals decision. The article compares the Eleventh Circuit court's reasoning on the case to previous Supreme Court cases Village of Arlington Heights v. Metropolitan Housing Development ...
View Case Study Detail  


CASE ADDITIONS
November 24, 2019
Willis v. Indiana Dept. of Correction
Case Category: Prison Conditions
Trial Docket: 1:09-cv-00815-JMS-DML (S.D. Ind.)
PC-IN-0022
Summary/Abstract not yet on record
View Case Detail (PC-IN-0022)


CASE ADDITIONS
November 24, 2019
Paszko v. O'Brien
Case Category: Prison Conditions
Trial Docket: 1:15-cv-12298 (D. Mass.)
PC-MA-0042
Summary/Abstract not yet on record
View Case Detail (PC-MA-0042)


CASE ADDITIONS
November 24, 2019
Lewis v. City of Chicago
Case Category: Equal Employment
Trial Docket: 1:98-CV-05596 (N.D. Ill.)
EE-IL-0268
In 1998, a group of African-American applicants for positions as firefighter filed suit under Title VII of the Civil Rights Act, against the City of Chicago in U.S. District Court in the N.D. of Illinois. The plaintiffs contended that a 1995 written examination in the application process discriminated against and had a disparate impact on African-American applicants and could not be justified as a business necessity. In 1999, District Court granted class certification. In April 2007, the Court (Judge Gottschall) ordered injunctive relief for the plaintiffs and mandated the defendant to place all class members in the database to have the opportunity to go through the hiring process again, to compensate the appropriate class members for back-pay and lost benefits, and to pay for plaintiff's attorney's fees. The defendants appealed and the case closed momentarily pending an appeal from the Seventh Circuit. In September 2008, the Seventh Circuit reversed the District Court's judgment because the plaintiff's suit was untimely but the Supreme Court reversed this in May 2010 because the plaintiff could file a Title VII disparate impact claim after the employer executed the allegedly unlawful practice as long as the plaintiff alleged each of the elements of a disparate impact claim. Following this Supreme Court ruling, the Seventh Circuit affirmed the judgment of the district court and in August 2011, the district court issued an injunctive order of relief against the defendant.
View Case Detail (EE-IL-0268)


CASE ADDITIONS
November 24, 2019
EEOC v. Sharp Manufacturing Company of America
Case Category: Equal Employment
Trial Docket: 2:06-cv-02611-JDB-dkv (W.D. Tenn.)
EE-TN-0103
In 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Sharp Manufacturing Company in the U.S. District for the Western District of Tennessee. The complaint alleged that Sharp violated the Americans with Disabilities Act by failing to provide the complainant with reasonable accommodation and discharged her because of her disability. The EEOC sought injunctive and monetary relief as well as punitive damages against the defendant. In 2009, the court approved the parties’ consent decree. This decree had a duration of one year and instructed the defendant to: refrain from unlawful employment discrimination and retaliation; report to the EEOC on compliance with Title VII; revise its policies on reasonable accommodations; post notices of this agreement in their offices; pay $30,000.00 to the plaintiff. The case is closed.
View Case Detail (EE-TN-0103)


CASE ADDITIONS
November 24, 2019
Ashker v. Brown
Case Category: Prison Conditions
Trial Docket: 4:09-cv-05796 (N.D. Cal.)
PC-CA-0054
Summary/Abstract not yet on record
View Case Detail (PC-CA-0054)


CASE ADDITIONS
November 24, 2019
Zaborowski v. Sheriff of Cook County
Case Category: Jail Conditions
Trial Docket: 1:08-cv-06946 (N.D. Ill.)
JC-IL-0046
Summary/Abstract not yet on record
View Case Detail (JC-IL-0046)


CASE ADDITIONS
November 23, 2019
Issa v. School District of Lancaster
Case Category: Immigration and/or the Border
Trial Docket: 5:16-cv-03881-EGS (E.D. Pa.)
IM-PA-0013
Summary/Abstract not yet on record
View Case Detail (IM-PA-0013)


CASE ADDITIONS
November 23, 2019
San Jose v. Ross
Case Category: Public Benefits / Government Services
Trial Docket: 5:18-cv-02279 (N.D. Cal.)
PB-CA-0051
Summary/Abstract not yet on record
View Case Detail (PB-CA-0051)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
November 22, 2019
Trapped Inside: The Past, Present, and Future of Solitary Confinement in New York
https://www.nyclu.org/sites/default/files/field_documents/201910_nyclu_solitary_web.pdf
Date: October 2019
By: Shames & Desgranges (New York Civil Liberties Union (NYCLU) )
Every day thousands of people in New York State prisons, mostly people of color, are held in 23-hour isolation for months, sometimes years, at a time. As solitary confinement has come under increasing scrutiny, institutions around the world have been turning away from the practice. New York must ...
View Link Detail  


CASE ADDITIONS
November 22, 2019
U.S. House of Representatives v. Mnuchin
Case Category: Presidential Authority
Trial Docket: 1:19-cv-00969 (D.D.C.)
PR-DC-0015
On April 5, 2019, the U.S. House of Representatives filed suit against the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of the Interior, and their respective departments, for allocating more funds than they were approved in order to build the Trump Administration's border wall. The House of Representatives sought a preliminary injunction but this was denied by the D.C. District Court and on appeal. The case continues in the appeals court and is still active as of November 8, 2019.
View Case Detail (PR-DC-0015)


CASE ADDITIONS
November 22, 2019
State of California v. U.S. Department of Justice
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-00805-JCS (N.D. Cal.)
IM-CA-0114
Summary/Abstract not yet on record
View Case Detail (IM-CA-0114)


CASE ADDITIONS
November 22, 2019
Samuel v. Signal International, LLC
Case Category: Immigration and/or the Border
Trial Docket: 1:13-cv-00323 (E.D. Tex.)
IM-TX-0035
Summary/Abstract not yet on record
View Case Detail (IM-TX-0035)


CASE ADDITIONS
November 22, 2019
Meganathan v. Signal International, LLC
Case Category: Immigration and/or the Border
Trial Docket: 1:13-cv-00497 (E.D. Tex.)
IM-TX-0037
Summary/Abstract not yet on record
View Case Detail (IM-TX-0037)


CASE ADDITIONS
November 22, 2019
Al Otro Lado v. Kelly
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-02366-BAS-KSC (S.D. Cal.)
IM-CA-0092
Summary/Abstract not yet on record
View Case Detail (IM-CA-0092)


CASE ADDITIONS
November 22, 2019
NAACP v. Merrill
Case Category: Criminal Justice (Other)
Trial Docket: 3:18-cv-01094 (D. Conn.)
CJ-CT-0001
Summary/Abstract not yet on record
View Case Detail (CJ-CT-0001)


ARTICLES THAT USE THE CLEARINGHOUSE
November 21, 2019
Post-Racial Proxies: Resurgent State an Local Anti-Alien Laws and Unity-Rebuilding Frames for Antidiscrimination Values
Cardozo L. Rev.
Date: 07/30/2010
By: Mary D. Fan (University of Washington School of Law Faculty)
32 Cardozo L. Rev. 905-946
Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 21, 2019
De-Policing
Cornell L. Rev.
Date: March 2017
By: Stephen Rushin & Griffin Edwards (University of Illinois College of Law Faculty)
102 Cornell L. Rev. 721-782
Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of ...
View Article Detail  


CASE ADDITIONS
November 20, 2019
Cantu v. United States
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 1:11-cv-00541-RBW-JMF (D.D.C.)
FH-DC-0011
On March 15, 2011, a group of Hispanic farmers and ranchers brought suit against the United States and the U.S. Department of Agriculture ("USDA") in the U.S. District Court for the District of Columbia, alleging that they were being treated unequally compared to other minority and women farmers who have settled with the USDA regarding discriminatory lending practices. In December 2012, the District Court dismissed the case for lack of ripeness and redressability. The plaintiffs appealed the judgment on February 15, 2013 and the U.S. Court of Appeals for the District of Columbia Circuit reversed the lower court's decision and remanded the case for further proceedings on the grounds that while the court could not compel settlement, the district court could have issued an injunction ordering the defendant to not act on unlawful racial grounds. On remand, the defendant filed a status report in October 2015 regarding the alternative dispute resolution (ADR) program established for the parties to work out settlement terms. While the ADR resulted in a vast majority of claims being paid, around 130 were processing. In addition, the defendant filed a renewed motion to dismiss the case in November 2015. Judge Walton granted the motion on March 1, 2016. The case is now closed.
View Case Detail (FH-DC-0011)


CASE ADDITIONS
November 20, 2019
ACLU of Oregon v. U.S. Department of Homeland Security
Case Category: National Security
Trial Docket: 3:17-cv-00575-HZ (D. Or.)
NS-OR-0005
Summary/Abstract not yet on record
View Case Detail (NS-OR-0005)


CASE ADDITIONS
November 20, 2019
T.H. v. Dudek
Case Category: Public Benefits / Government Services
Trial Docket: 0:12-cv-60460-CI (S.D. Fla.)
PB-FL-0007
Summary/Abstract not yet on record
View Case Detail (PB-FL-0007)


CASE ADDITIONS
November 19, 2019
Moussouris v. Microsoft Corporation
Case Category: Equal Employment
Trial Docket: 2:15-cv-01483 (W.D. Wash.)
EE-WA-0132
Summary/Abstract not yet on record
View Case Detail (EE-WA-0132)


CASE ADDITIONS
November 19, 2019
United States v. Luther Burbank Savings
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 2:12-cv-07809-JAK-FMO (C.D. Cal.)
FH-CA-0009
On September 12, 2012, the United States sued Luther Burbank Savings, alleging the bank's minimum loan amount policy had a disparate impact on African-American and Latino borrowers in violation of the Fair Housing Act and the Equal Credit Opportunity Act. The United States also filed a proposed consent order. The order, entered in October 2012, prohibits Luther from having future policies similar to the minimum loan amount policy, and requires Luther to invest in the markets it had previously neglected. The case is now closed.
View Case Detail (FH-CA-0009)


CASE ADDITIONS
November 19, 2019
United States v. TK Properties
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 4:09-cv-04153-KES (D.S.D.)
FH-SD-0003
Summary/Abstract not yet on record
View Case Detail (FH-SD-0003)


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
National Security, Immigration and the Muslim Bans
Washington and Lee Law Review
Date: Summer 2018
By: Shoba Sivaprasad Wadhia (Penn State Law, University Park)
75 Wash. & Lee L. Rev. 1475-1506
National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
The Legal Impact of Emerging Governance Models on Public Education and Its Office Holders
The Urban Lawyer (American Bar Association)
Date: 2013
By: Robert A. Jr. Garda & David S. Doty (Loyola University of New Orleans College of Law)
45 Urb. Law. 21-50
The idea that changing the formal structure of governance can lead to better schools is rooted in American political and intellectual history. Politicians, career educators, parents, business leaders, and investors continue to wrangle over the control of public schools all across the country. With ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Sua Sponte Actions in the Appellate Courts: The Gorilla Rule Revisited
Bowen Law Repository: Scholarship & Archives
Date: 2016
By: Ronald J. Offenkrantz & Aaron S. Lichter (University of Arkansas at Little Rock William H. Bowen School of Law)
17 J. App. Prac. & Process 113-140
This article builds on prior scholarship by arguing that allowing an appellate court to reach out and grant relief not requested, based on arguments not made, both disserves the litigants and exercises a power that appellate courts should be loath to use, and by focusing attention on recent cases ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Wal-Mart Matters
Wake Forest Law Review
Date: 2011
By: Lesley Wexler (University of Illinois College of Law)
46 Wake Forest L. Rev. 95-121
Wal-Mart is the largest private employer in the United States, with more than one million current employees. Its employment practices directly affect over one percent of the American workforce. Moreover, other retailers often strive to replicate Wal-Mart’s practices. If employment discrimination ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Feminism and the (Trans)gender Entrapment of Gender Nonconforming Prisoners
University of California, Los Angeles
Date: Winter 2012
By: Julia C. Oparah (University of California, Los Angeles - Women's Law Journal)
18 UCLA Women's L.J. 239-271
This article explores the challenges for feminism presented by Bakari’s experiences of gender violence in and out of the prison system. Beginning in the midst of the second wave women’s liberation movement, feminist scholars in the U.S., U.K. and Canada began to critique what they named “ ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Case Refusal: A Duty for a Public Defender and a Remedy for All of a Public Defender's Clients
Washington University Law Review
Date: 2017
By: Stephen F. Hanlon (University of Washington School of Law)
Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness among them. All of these arguments are based on the idea that a public defender elects to labor under an excessive caseload ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Discriminatory Effects of Credit Scoring on Communities of Color
Suffolk University Law Review
Date: 2013
By: Lisa Rice & Deidre Swesnik (Suffolk University Law School)
46 Suffolk U. L. Rev. 935-966
This Article focuses primarily on the use of credit scores by lenders, not other industries. It provides an abbreviated overview of other critical issues facing consumers in regard to credit scoring and reporting. These issues are significant and help to demonstrate the urgent need to reform this ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Caged in: The Devastating Harms of Solitary Confinement on Prisoners with Physical Disabilities,
American Civil Liberties Union
Date: January 2017
By: Jamelia N. Morgan (University of Connecticut School of Law)
24 Buff. Hum. Rts. L. Rev. 81-177
This report draws from interviews with currently and formerly incarcerated people with disabilities, disability rights advocates, prisoner rights’ advocates, medical experts, legal scholars, and correctional officials and examines the conditions of confinement, harms, and challenges facing ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Bars to Justice: The Impact of Rape Myths on Women in Prison
Georgetown Journal of Gender and the Law
Date: 2016
By: Hannah Brenner et al. (California Western School of Law)
17 Geo. J. Gender & L. 521-573
This article stems from a National Science Foundation-funded interdisciplinary research project that addresses a major gap in understanding the reporting of sexual victimization in prison and the confluence of factors that contribute to the ineffectiveness of internal laws and policies. As a basis ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Executive Disorder: The Muslim Ban, Emergency Advocacy, and the Fires Next Time
Michigan Journal of Race & Law
Date: Spring 2017
By: Abed Ayoub & Khaled Beydoun (American Arab Anti-Discrimination Committee)
22 Mich. J. Race & L. 215-241
On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the “Muslim Ban.” The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
The Cities, Government, Law, and Civil Society
Florida State University Law Review
Date: 2018
By: Heidi Li Feldman (Georgetown University Law Center )
45 Fla. St. U. L. Rev. 615-640
Cities often exemplify how government and law can enable civil society and all those encompassed by it. They show how government can promote and amplify collective action, not only at the local level but even at the international one. In the United States today, governments can and do provide ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Cosmopolitan Democracy and the Detention of Immigrant Families
University of Miami School of Law Institutional Repository
Date: 2017
By: Rebecca Sharpless (University of Miami School of Law)
47 N.M. L. Rev. 19-63
This Article employs the cosmopolitan political theory of Seyla Benhabib as a framework for understanding the U.S. government’s shifting decisions about family detention and immigration policy more generally. Although Benhabib is a leading political theorist, few have used her work to analyze ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Race, Policing, and Technology
North Carolina Law Review
Date: May 2017
By: I. Bennett Capers (University of North Carolina School of Law)
95 N.C. L. Rev. 1241-1292
This Essay argues that if we truly care about making policing egalitarian and fair to everyone, then that could mean more policing, not less. It advocates harnessing technology, including surveillance technology, to help deracialize policing. This turn to technology will not be cost free. Indeed, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Aging Injucntions and the Legacy of Institutional Reform Litigation
Vanderbilt Law Review
Date: January 2017
By: Jason Parkin (Vanderbilt University Law School)
70 Vand. L. Rev. 167
Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court’s ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
The Failure of Education Federalism
University of Michigan Journal of Law Reform
Date: 2017
By: Kristi L. Bowman (Michigan State University College of Law)
51 U. Mich. J.L. Reform 1
Since the Great Recession of 2007–09, states have devoted even less money to public education and state courts have become even more hostile to structural reform litigation that has sought to challenge education funding and quality. Yet the current model of education federalism (dual federalism) ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Series on Solitary Confinement & the Eighth Amendment: Article I of III
University of Pennsylvania Journal of Constitutional Law
Date: February 2019
By: Andrew Leon Hanna (University of Pennsylvania Law School)
21 U. Pa. J. Const. L. Online 1-22
Federal district courts have in recent years shown an increased willingness to question solitary confinement’s permissibility under the Eighth Amendment’s ban on cruel and unusual punishment, starting with particularly harsh forms of confinement against particularly vulnerable groups of people ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Epiphenomenal Indigent Defense
Missouri Law Review
Date: Summer 2010
By: Darryl K. Brown (University of Missouri School of Law)
75 Mo. L. Rev. 907-930
There are some much-studied, recurring social events and behaviors that, although centrally important to public policy and social life, have proven intractable to explanation and prediction. As currently salient examples, consider stock market crashes and recessions. Economists cannot consistently ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Judges Need to Exercise Their Responsibility to Require That Eligible Defendants Have Lawyers
Hofstra Law Review
Date: 2017
By: Robert C. Boruchowitz (Seattle University School of Law)
46 Hofstra L. Rev. 35-62
There are many courts in the United States, particularly misdemeanor courts, in which accused persons appear and often plead guilty without ever receiving the advice of counsel, even when they are eligible for a public defender. In various states, between twenty-five and sixty-eight percent of the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Profiling, Information Collection and the Value of Rights Argument
Washington Law Review
Date: February 2003
By: Alan Rubel (University of Washington School of Law)
32 Crim. Just. Ethics 210-230
In the United States and elsewhere, there is substantial controversy regarding the use of race and ethnicity by police in determining whom to stop, question, and investigate in relation to crime and security issues. In the ethics literature, the debate about profiling largely focuses on the nature ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Kim Davis and the Quest for a Judicial Accommodation
Faulkner Law Review
Date: Fall 2015
By: Jeffrey B. Hammond (Thomas Goode Jones School of Law)
7 Faulkner L. Rev. 105-128
The Kim Davis case was the subject of the foregoing presentation at the Faulkner Law Review Symposium on October 16, 2015. Events subsequent to the Symposium have changed the tenor of the remarks set forth below. Late in 2015, Matt Bevin was sworn in as the new governor of the Commonwealth of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Gideon's Ghost: Providing the Sixth Amendment Right to Counsel in Times of Budgetary Crisis
Michigan State Law Review
Date: 2010
By: Heather Baxter (Michigan State University College of Law)
2010 Mich. St. L. Rev. 341
This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. The landmark case of Gideon v. Wainwright required states, under the Sixth Amendment, to provide free counsel to indigent ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Racism in the Credit Card Industry
North Carolina Law Review
Date: 05/01/2017
By: Andrea Freeman (University of North Carolina School of Law)
95 N.C. L. Rev. 1071-1160
In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, employment, health, and education. Over several decades, credit ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Postscript to Hobby Lobby: Prescription for Accommodation or Overdose
DePaul Journal of Women, Gender and the Law
Date: Spring 2016
By: Paula Walter (DePaul University College of Law)
5 DePaul J. Women Gender & L. 1-23
The debate in Congress, preceding the passage of the Patient Protection and Affordable Care Act (ACA), unfurled an inquiry into the nature of healthcare in the United States and the role of the government in its delivery. The ACA was enacted into law in 2010 without Republican congressional ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Sexual Violence as an Occupational Hazard & Condition of Confinement in the Closed Institutional Systems of the Military and Detention
Pepperdine Law Review
Date: 2017
By: Hannah Brenner, Kathleen Darcy & Sheryl Kubiak (Pepperdine School of Law)
44 Pepp. L. Rev. 881-956
Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid ...
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CASE ADDITIONS
November 18, 2019
Mendez Rojas v. Johnson
Case Category: Immigration and/or the Border
Trial Docket: 2:16-cv-01024 (W.D. Wash.)
IM-WA-0026
In 2016, asylum seekers filed this class action complaint in the U.S. District Court for the Western District of Washington. The plaintiffs alleged that DHS had failed to notify them of its one-year asylum application deadline and failed to implement mechanisms that guaranteed them the opportunity to timely submit asylum applications. In March 2018, the court granted the plaintiffs' motion for summary judgment. The defendants appealed the decision to the Ninth Circuit in May 2018, and the parties have since been participating in the Ninth Circuit's mediation program which facilitates settlement. This process is ongoing.
View Case Detail (IM-WA-0026)


CASE ADDITIONS
November 18, 2019
Brown v. Snyder
Case Category: Public Benefits / Government Services
Trial Docket: 5:18-cv-10699 (E.D. Mich.)
PB-MI-0019
On November 2, 2017, five residents of Flint, MI filed this lawsuit in the Michigan Court of Claims. The plaintiffs sued the State of Michigan and many state employees for personal injuries and property damage arising out of the Flint Water Crisis. The plaintiffs sought declaratory relief, injunctive relief requiring the remediation of harm caused to plaintiffs, monitoring, compensatory damages, punitive damages, and attorneys’ fees and costs. Although initially filed in a Michigan state court, this case was removed by the defendants. This district court remanded the case and, after an unsuccessful appeal by the defendants to the Sixth Circuit, litigation is proceeding in state court.
View Case Detail (PB-MI-0019)


ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Myths and Mechanics of Deterrence: The Role of Lawsuits in Law Enforcement Decisionmaking
University of California, Los Angeles Law Review
Date: 04/28/2010
By: Joanna C. Schwartz (University of California, Los Angeles School of Law)
57 UCLA L. Rev. 1023-1094
Judicial and scholarly descriptions of the deterrent power of civil rights damages actions rely heavily on the assumption that government officials have enough information about lawsuits alleging police officer misconduct that they can weigh the costs and benefits of maintaining the status quo. But ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
State Constitutional Challenges to Indigent Defense Systems
Missouri Law Review
Date: Summer 2010
By: Stephen F. Hanlon (University of Missouri School of Law)
75 Mo. L. Rev. 751-769
For many years, the primary vehicle that advocates used to protect the fundamental right of the accused to the effective assistance of counsel was the Sixth Amendment to the United States Constitution, as incorporated to the states by the Fourteenth Amendment. For some time, most obviously during ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Crazy in Alabama: Judicial Process and the Last Stand against Marriage Equality in the Land of George Wallace
Northwestern University Law Review
Date: 07/12/2015
By: Howard M. Wasserman (Northwestern Pritzker School of Law)
110 Nw. U. L. Rev. Online 1-17
On June 26, 2015, the Supreme Court of the United States ruled in Obergefell v. Hodges that prohibitions on same-sex marriage violate the Fourteenth Amendment. In hindsight, the decision seems inevitable, the culmination of a precisely two-year race towards marriage equality that began with the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Vetting Refugees: Is Our Screening Process Adequate, Humane, and Culturally Appropriate
The Federal Lawyer
Date: 05/03/2017
By: Sabrineh Ardalan (Federal Bar Association)
64 Fed. Law. 56-65
This article first provides a brief history of this country’s long-standing commitment to refugee protection. Next, it describes the legal standard applied in determining whether an individual is eligible for refugee protection, including bars to protection under U.S. law. The article then ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Traces of the Slave Patrol: Notes on Breed-Specific Legislation
Drexel Law Review
Date: 2018
By: P. Khalil Saucier (Drexel University Thomas R. Kline School of Law)
10 Drexel L. Rev. 673-693
This Article explores the ways in which antiblackness haunts nationwide breed-specific legislation of today. Dogs have long featured as a constitutive element in the antiblack dynamics of police power. Central to slave patrols of the past, dogs remain essential to current law enforcement practices ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Police Union Contracts
Duke Law Journal
Date: 2017
By: Stephen Rushin (Duke University School of Law)
66 Duke L.J. 1191-1266
This Article empirically demonstrates that police departments’ internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.

Policymakers have long relied on a handful of external legal mechanisms like ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
From Selma to Ferguson: The Voting Rights Act as a Blueprint for Police Reform
Search Results Featured snippet from the web Image result for california law review scholarship.law.berkeley.edu The California Law Review
Date: April 2017
By: Jason Mazzone & Stephen Rushin (University of California, Berkeley, School of Law)
105 Calif. L. Rev. 263-334
The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or localities, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Evaluating Section 14141: An Empirical Review of Pattern or Practice Police Misconduct Reform
Ohio State Journal of Criminal Law
Date: 2016
By: Joshua Chanin (Ohio State University Moritz College of Law)
14 Ohio St. J. Crim. L. 67-112
Section 14141 of the Violent Crime Act of 1994 fundamentally restructures the regulation of police behavior in the United States. Since the law’s passage, dozens of police departments have undergone lengthy and complex reforms designed to eliminate a pattern or practice of misconduct. Despite the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Fifty Years since Passage of the Fair Housing Act: Rent-To-Income Ratios in the Persistence of Residential Racial Segregation in Chicago
Search Results Web Result with Site Links The John Marshall Law Review
Date: Spring 2018
By: Amanda Insalaco (University of Illinois at Chicago John Marshall Law School)
51 J. Marshall L. Rev. 551-588
A vast discrepancy exists between instances of discrimination and the number of discrimination suits brought. Thus, this comment argues for policy changes to facilitate increased disparate impact litigation under the FHA and local and state ordinances, as well as the adoption of methods to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Section 8 Is the New N-Word: Policing Integration in the Age of Black Mobility
Washington University Journal of Law & Policy
Date: 2016
By: Norrinda Brown Hayat (University of the District of Columbia)
51 Wash. U. J.L. & Pol'y 61-93
This Article addresses the concept of black mobility within the context of Section 8 housing vouchers. Hayat explores the rise of racially coded language and its impact on racially discriminatory housing measures, highlighting the intersectionality between narratives of black criminality and the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
The Comparative Outputs of Magistrate Judges
Nevada Law Journal
Date: 09/26/2016
By: Christina L. Boyd (University of Nevada, Las Vegas - William S. Boyd School of Law)
16 Nev. L.J. 949-982
Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, ...
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CASE STUDIES
November 17, 2019
"Intimately Related to the Criminal Process: Examining the Consequences of a Conviction after Padilla v. Kentucky and State v. Sandoval"
Seattle Journal for Social Justice
Date: Spring/Summer 2011
By: Travis Stearns (Seattle University School of Law)
9 Seattle J. Soc. Just. 855-913
In 2010, the US Supreme Court held in Padilla v. Kentucky that effective assistance of counsel required that a criminal defense attorney provide affirmative advice for noncitizen clients who faced immigration consequences in their pleas or sentences.1 On March 17, 2011, the Washington State Supreme ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Honoring and Celebrating Myrna Raeder
Southwestern Law Review
Date: 04/13/2017
By: Brett Dignam (Southwestern Law School)
44 Sw. L. Rev. 496-507
Homage to the life and career of feminist legal scholar, Myrna Raeder. Concentration on Raeder's advocacy for women and survivors of sexual violence in the criminal justice system. *
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Non-Discrimination in Refugee and Asylum Law (against Travel Ban 1.0 and 2.0)
Georgetown Immigration Law Journal
Date: Spring 2017
By: Eunice Lee (Georgetown University Law School)
31 Geo. Immigr. L.J. 459-524
This article explores the tension between Executive Orders No. 13,769 and No. 13,780—colloquially known as “travel ban” 1.0 and 2.0—and the deep non-discrimination norms in refugee and asylum law. I engage in a close read of the legislative history of the Refugee Act of 1980; analyze the 195 ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Another Bite out of Katz: Foreign Intelligence Surveillance and the Incidental Overhear Doctrine
American Criminal Law Review
Date: Winter 2018
By: Elizabeth Goitein (Georgetown University Law Center)
55 Am. Crim. L. Rev. 105-125
Although the “reasonable expectation of privacy” test set forth in Katz represented a historic expansion of the Fourth Amendment’s right to privacy, it has few defenders among privacy scholars today. It is vulnerable to critique on a number of fronts: it is circular and gives courts little ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Public Defense Litigation: An Overview
Indiana Law Review
Date: 2018
By: Lauren Sudeall Lucas (Indiana University Maurer School of Law)
51 Ind. L. Rev. 89-110
The focus of this short Article is on how the courts can address and have addressed the failings of underfunded and structurally flawed indigent defense systems. More specifically, it explores lawsuits that identify systemic failures—such as underfunding, excessive caseloads, and inadequate ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Crafting Complaints and Settlements in Child Welfare Litigation
University of Pennsylvania Journal of Law and Social Change
Date: 2018
By: Zach Strassburger (University of Pennsylvania Law School)
21 U. Pa. J.L. & Soc. 219-265
Despite widespread criticism in legal scholarship bemoaning the inadequacies of institutional reform litigation, class-action lawsuits from public interest legal organizations have been the major driver of comprehensive child welfare reform over the past forty years. These legal claims are chaotic, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Trends in Prisoner Litigation, as the PLRA Enters Adulthood
University of Michigan Law School Scholarship Repository
Date: 2015
By: Margo Schlanger (University of Michigan Law School Faculty)
5 UC Irvine L. Rev. 153-178
The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich "Contract with America," is now as old as some prisoners. In the year after the statute's passage, some commenters labeled it merely "symbolic." In fact, as was evident nearly immediately, the PLRA undermined ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Stealth Advocacy Can (Sometimes) Change the World
Michigan Law Review
Date: 2015
By: Margo Schlanger (University of Michigan Law School Faculty)
113 Mich. L. Rev. 897-916
Part I of this Review addresses the parenting-equality case study. I summarize Gash’s account and add to it the cautionary tale of the 2002 failure of stealth parenting-equality advocacy in Michigan. Part II addresses, more briefly, Gash’s group-home study. In Part III, I put Gash’s ...
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CASE ADDITIONS
November 17, 2019
EEOC v. ROCKET ENTERPRISE, INC.
Case Category: Equal Employment
Trial Docket: 2:06-CV-14319 (E.D. Mich.)
EE-MI-0135
The EEOC brought this suit in September of 2006, alleging sexual harassment and retaliation for complaining about the sexual harassment. The suit went to trial, where a jury found for the defendant in February of 2008. The EEOC voluntarily dismissed the suit on appeal and the case is now closed.
View Case Detail (EE-MI-0135)


CASE ADDITIONS
November 17, 2019
Guertin v. State of Michigan
Case Category: Public Benefits / Government Services
Trial Docket: 16-cv-12412 (E.D. Mich.)
PB-MI-0025
On June 27, 2016, two residents of Flint who bathed in and consumed lead contaminated water filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued various state entities, their employees, and private companies responsible for water testing and feasibility under 42 U.S.C. § 1983 and state law. The plaintiffs, represented by private counsel, sought general, compensatory and punitive damages, an order declaring the conduct unconstitutional, equitable relief and attorney’s fees. The plaintiffs claimed that the failure to provide safe drinking water and deliberate misinformation about the safety of the drinking water constituted state created danger, violation of bodily integrity, and deprivation of contractually created property rights. While the court dismissed most of the plaintiffs' claims, the Sixth Circuit allowed a narrow species of due process claims against individual government employees to proceed, and negligence claims against private companies also survived. The case is ongoing.
View Case Detail (PB-MI-0025)


CASE ADDITIONS
November 17, 2019
EEOC v. Vivendi Universal Studios
Case Category: Equal Employment
Trial Docket: 2:03-cv-07023-GAF-JTL (C.D. Cal.)
EE-CA-0245
In September of 2003 the EEOC filed this lawsuit against Universal Pictures alleging discrimination on the basis of race. In March of 2005, the complainant intervened in the lawsuit. The intervenor and the defendant reached a confidential settlement on June 13, 2006. In October of 2007, the court granted defendant's motion for judgement as a matter of law. The EEOC appealed, and later voluntarily dismissed their appeal in June of 2008. The case is closed.
View Case Detail (EE-CA-0245)


CASE ADDITIONS
November 17, 2019
State of Washington v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 4:19-cv-05210-RMP (E.D. Wash.)
IM-WA-0043
In August of 2019, 14 states filed this suit in the United States District Court for the Eastern District of Washington. The DHS' Public Charge Rule, enacted in August of 2019, increases the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. It is alleged that the Public Charge Rule will result in harm to the Plaintiff States and its residents because it will deter legal residents from enrolling in basic benefit programs, out of fear of being determined a "public charge," and thus inadmissible for citizenship. District Court Judge Rosanna Peterson granted the Plaintiff States' Motion to Stay Pending Judicial Review and Preliminary Injunction, resulting in the Rule not being implemented as planned. The Defendants' appeal of this Order is pending judgment in the Ninth Circuit Court of Appeals.
View Case Detail (IM-WA-0043)


CASE ADDITIONS
November 17, 2019
United States v. Hasbajrami
Case Category: National Security
Trial Docket: 1:11-cr-00623 (E.D.N.Y.)
NS-NY-0012
Summary/Abstract not yet on record
View Case Detail (NS-NY-0012)


CASE ADDITIONS
November 17, 2019
Westside Mothers v. Olszewski
Case Category: Public Benefits / Government Services
Trial Docket: 99-CV-73442-DT (E.D. Mich.)
PB-MI-0026
This class-action suit was filed in 1999 in the United States District Court for the Eastern District of Michigan. The plaintiffs, representing a class of one million low-income children, alleged that the state of Michigan's Medicaid system reimbursed doctors and dentists too little to ensure that they would be willing to treat patients on Medicaid. After two amended complaints and two appeals to the Sixth Circuit Court of Appeals, the parties agreed to a settlement in 2007. The agreement preserved significant expansions of the state’s program and major increases in rates paid to doctors and dentists for treating Medicaid patients, required the state to monitor children’s access to care, and provided for ongoing oversight of the state’s program by representatives of the plaintiffs. The case is now closed.
View Case Detail (PB-MI-0026)


ARTICLES THAT USE THE CLEARINGHOUSE
November 16, 2019
Examining the Role of Healthcare Professionals in the Use of Solitary Confinement
Criminal Justice and Health Program, University of California, San Francisco, Department of Medicine
Date: 10/24/2017
By: Cyrus Ahalt, Alex Rothman & Brie A. Williams (University of California, San Francisco)
359 BMJ 1-4
Prison healthcare professionals work in a unique clinical environment designed to punish rather than to heal.123 Amid global calls for penal reform, healthcare professionals have an ethical responsibility4 to speak out about correctional practices that endanger health and human rights.5 We examine ...
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CASE STUDIES
November 16, 2019
"Competing Case Studies of Structural Reform Litigation in American Police Departments"
Ohio State Journal of Criminal Law
Date: Fall 2016
By: Stephen Rushin (Ohio State University Moritz College of Law)
14 Ohio St. J. Crim. L. 113-142
In 1994, Congress passed 42 US.C. § 14141, which gives the US. Attorney General the authority to initiate structural reform litigation against police departments engaged in a pattern or practice of unconstitutional misconduct. ...Department of Justice (DOJ) has investigated and reformed dozens of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 16, 2019
No Longer a Child: Juvenile Incarceration in America
Capital University Law Review
Date: 2011
By: Carlyn Bohland (Capital University Law School)
39 Cap. U. L. Rev. 193-230
The first section of this note provides a brief history of the juvenile justice system including its creation, changes since its inception, and the modem practices of the juvenile court. This section discusses the original and modem goals of juvenile justice, the differences between juveniles and ...
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CASE ADDITIONS
November 16, 2019
EEOC v. PROSPECT AIRPORT SERVICES
Case Category: Equal Employment
Trial Docket: 2:05-cv-01125-KJD-NJK (D. Nev.)
EE-NV-0030
In September 2005, the EEOC filed suit in the District of Nevada on behalf of a male employee against his employer, Prospect Airport Services, Inc. for failing to address sexual harassment by a female co-worker. EEOC brought the complaint under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The district court granted summary judgment for the defendant, but on appeal the U.S. Court of Appeals for the Ninth Circuit reversed and remanded the case. In December 2011, the parties settled before trial and the defendant company agreed to pay $75,000.00. EEOC later moved for injunctive relief in January 2012. The court granted the motion in part, enjoining the defendant from violating the sexual harassment provision of Title VII for five years and requiring the company to implement a stronger anti-harassment policy and investigative procedure including extensive employee trainings. The case is now closed.
View Case Detail (EE-NV-0030)


CASE ADDITIONS
November 16, 2019
EEOC v. DHL EXPRESS (USA), INC.
Case Category: Equal Employment
Trial Docket: 1:06-cv-02371 (N.D. Ohio)
EE-OH-0023
In September 2006, the Equal Employment Opportunity Commission (EEOC) sued DHL Express (USA), Inc. in the Northern District of Ohio. EEOC alleged that DHL refused to hire a fifty-three-year-old applicant because of his age, thereby violating the Age Discrimination in Employment Act. The district court granted summary judgment to DHL in November 2007. EEOC appealed the case, but the parties later decided not to pursue the appeal and the case closed in May 2008.
View Case Detail (EE-OH-0023)


CASE ADDITIONS
November 16, 2019
Lewis v. Bentley
Case Category: Public Benefits / Government Services
Trial Docket: 2:16-cv-00690-RDP (N.D. Ala.)
PB-AL-0016
Plaintiffs sued agents of the State of Alabama for the passage of a bill restricting cities from increasing their minimum wages. Plaintiffs alleged the bill discriminated against African-American residents of the City of Birmingham. Their case was dismissed for failure to state a claim. The U.S. Court of Appeals for the 11th Circuit affirmed the dismissal on all but one claim, finding that plaintiffs had stated a valid complaint alleging intentional discrimination. The case was remanded and is ongoing as of November 2019.
View Case Detail (PB-AL-0016)


CASE ADDITIONS
November 15, 2019
Rouser v. White
Case Category: Prison Conditions
Trial Docket: 2:93-cv-00767-LKK-GGH (E.D. Cal.)
PC-CA-0066
In 1993, a Wiccan prisoner incarcerated by the California Department of Corrections since 1979 filed a lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act, and California state law against prison officials. The plaintiff claimed that the prison officials had violated his right to freedom of religion by failing to accommodate his practice of the Wiccan religion. In 1997 the parties settled, but in 2003 the prisoner renewed the action for failure to follow the settlement. The parties settled again in 2011 and the prisoner again renewed the action for failure to follow the settlement, which the district court dismissed. The plaintiff appealed to the 9th Circuit which found that the District Court had abused its discretion and reversed the vacation of the consent decree. As of November, 2019 the consent decree has not been vacated and this case is ongoing.
View Case Detail (PC-CA-0066)


ARTICLES THAT USE THE CLEARINGHOUSE
November 14, 2019
Pocketing a Pretty Penny: Sexual Victimization, Human Rights, and Private Contractors in the U.S. Immigration Detention System
University of Detroit Mercy Law Review
Date: Fall 2011
By: Grace Trueman (University of Detroit Mercy School of Law)
89 U. Det. Mercy L. Rev. 339-368
Aliens held in the U.S. immigration detention system experience
sexual victimization from both fellow detainees and detention facility
employees. The extent of such abuse is unknown due to discretionary
reporting requirements and fear amongst the detainees. However,
graphic ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 14, 2019
Rethinking Immigration Detention
Social Science Research Network
Date: 07/01/2010
By: Anil Kalhan (Drexel University Earle Mack School of Law)
110 Colum. L. Rev. Sidebar 42-58
In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 14, 2019
There are Two Sides to Every Story: Collaboration between Advocates and Defenders in Achieving Systemic Juvenile Justice Reform
Penn Law: Legal Scholarship Repository
Date: 04/30/2012
By: R. Daniel Okonkwo & Dylan Nicole De Kervor (University of Pennsylvania Law School)
15 U. Pa. J.L. & Soc. Change 435-454
This article challenges juvenile defenders to participate in the growing demand for holistic reforms in the broader juvenile justice system. In order to achieve long lasting results for their clients, juvenile defenders are challenged to build their knowledge and awareness of juvenile justice ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
November 13, 2019
Tennessee lawmakers did not have standing to sue U.S. State Department over Medicaid funding for refugees
www.wolterskluwer.com/
Date: Jul. 25, 2019
By: Brochin, Jeffrey H., J.D. (Wolters Kluwer)
Tennessee General Assembly could not show "institutional injury," a requisite element to give it standing to sue, and it was not the authorized agent to sue on behalf of the state—which did suffer an institutional injury.

The Federal Court of Appeals for the Sixth Circuit has ...
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CASE ADDITIONS
November 13, 2019
Hatcher v. Genesee County
Case Category: Public Benefits / Government Services
Trial Docket: 5:18-cv-11986 (E.D. Mich.)
PB-MI-0018
On June 25, 2018, detainees in the Genesee County Jail filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued individuals and entities responsible for their care in the Jail under 42 U.S.C. §1983. The plaintiffs, represented by private counsel, sought punitive and compensatory damages and attorney’s fees. The plaintiffs claimed that the failure to provide adequate safe water was cruel and unusual punishment violating their Fourth, Eighth, and Fourteenth Amendment rights and caused significant negative health effects.
View Case Detail (PB-MI-0018)


CASE ADDITIONS
November 13, 2019
Ross v. Blount
Case Category: Criminal Justice (Other)
Trial Docket: 2:19-cv-11076-LJM-EAS (E.D. Mich.)
CJ-MI-0008
In 2019, pre-trial detainees of Wayne County Jail filed this class action complaint in the U.S. District Court for the Eastern District of Michigan. Plaintiffs alleged that the policy and practice of detaining individuals in jail following their arraignment hearing because they were unable to afford imposed cash bail conditions, violated their Fourteenth Amendment rights. The case was stayed in August.
View Case Detail (CJ-MI-0008)


CASE ADDITIONS
November 13, 2019
Cantell v. Commissioner of Correction et al.
Case Category: Prison Conditions
Trial Docket: SJC-12015 (State Court)
PC-MA-0047
On January 20, 2012, prisoners incarcerated in Massachusetts administration segregation, filed this lawsuit in state court in Massachusetts. The plaintiffs alleged that that conditions in administrative segregation violated their state and federal constitutional rights to due process. The state's highest court reversed the lower court's decision to grant the defendant's motion for dismissal. In 2019, the parties filed a settlement agreement that included substantive procedural reform of the administrative segregation policies and practices. The case is ongoing.
View Case Detail (PC-MA-0047)


CASE ADDITIONS
November 13, 2019
Californians for Renewable Energy v. United States Environmental Protection Agency
Case Category: Environmental Justice
Trial Docket: 4:15-cv-03292 (N.D. Cal.)
EJ-CA-0001
Five non-profit organizations focused on environmental justice filed this lawsuit against the Environmental Protection Agency for failing to issue preliminary findings in Title VI complaints. Judge Armstrong granted the plaintiffs' motion to dismiss with regard to each individual claim addressing a specific complaint in which the EPA failed to issue preliminary findings. Judge Armstrong granted the defendant's motion to dismiss with regard to the claim that the EPA's pattern and practice of failing to issue preliminary findings violated the APA. The parties entered settlement talks which have, as of October 2019, been unsuccessful, and the case is ongoing.
View Case Detail (EJ-CA-0001)


CASE ADDITIONS
November 13, 2019
Roman Catholic Diocese of Nashville v. Sebelius
Case Category: Speech and Religious Freedom
Trial Docket: 3:13-cv-01303 (M.D. Tenn.)
FA-TN-0001
On November 22, 2013, a group of nonprofit religious organizations filed a lawsuit in the United States District Court for the Middle District of Tennessee under the Religious Freedom Restoration Act, the Administrative Procedure Act and the First Amendment against the U.S. Department of Health and Human Services. On December 26, 2013, United States District Court (Judge Todd J. Campbell) denied plaintiffs' motion for a preliminary injunction. The same day, the plaintiff filed an appeal with the U.S. Court of Appeals for the 6th Circuit (No. 13-6640). On June 11, 2013, the 6th Circuit affirmed, holding that the ACA did not unlawfully burden the plaintiffs' religion. The case was remanded back to the 6th Circuit in light of a Supreme Court case Zubik v. Burwell. Following the Zubik decision, the Departments of Health and Human Services, Labor, and Treasury adopted new rules on October 6, 2017 that allowed for religious and moral objections to providing contraceptives under the ACA. As a result, on January 28, 2018 the plaintiffs voluntarily dismissed.
View Case Detail (FA-TN-0001)


CASE ADDITIONS
November 13, 2019
Civil Rights Education and Enforcement Center v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-00302-RPM (D. Colo.)
IM-CO-0011
Summary/Abstract not yet on record
View Case Detail (IM-CO-0011)


CASE ADDITIONS
November 13, 2019
Barden v. City of Sacramento
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 2:99-cv-00497-MCE-JFM (E.D. Cal.)
DR-CA-0056
On March 15, 1999, individuals with mobility and/or vision disabilities filed this class-action lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs alleged the City of Sacramento violated the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act due to the city’s inaccessible or dangerous to those with mobility and/or vision disabilities. The plaintiffs asserted that newly constructed or altered sidewalks and curb ramps must be accessible to those with mobility and/or vision disabilities and that Sacramento is obligated to provide access to existing sidewalks and curb ramps. On January 22, 2004, a court approved a settlement between the plaintiffs and the city. The City agreed to dedicate 20% of its Transportation Fund annually to the installation of accessible curb ramps and removal barriers on sidewalks. The court retained jurisdiction to enforce the settlement for the entirety of the agreement’s 30-year compliance period. The eight named plaintiffs were each awarded $10,000 and class counsel was awarded $745,000. The City of Sacramento is still subject to the settlement.
View Case Detail (DR-CA-0056)


CASE ADDITIONS
November 13, 2019
Vega v. Davis
Case Category: Prison Conditions
Trial Docket: 1:12-cv-01144-RPM (D. Colo.)
PC-CO-0020
The family of a deceased prisoner formerly held at the United States Penitentiary Administrative Maximum in Florence, Colorado ("ADX") filed a Bivens action in the United States District Court for the District of Colorado against agents of the Federal Bureau of Prisons. The plaintiffs alleged that the defendant disregarded the family's right to the prompt return of the prisoner's body and his personal possessions following his death, in violation of their First and Fourteenth Amendment rights. The case twice failed on qualified immunity grounds. The case is now closed.
View Case Detail (PC-CO-0020)


CASE STUDIES
November 12, 2019
"Twenty Years after Kansas v. Hendricks: Reforming the Kansas Sexual Predator Treatment Program Is Crucial to the Future of the Kansas Sexually Violent Predator Act"
Kansas Journal of Law & Public Policy
Date: Fall 2016
By: Justine T. Koehle (University of Kansas School of Law Student)
26 Kan. J.L. & Pub. Pol'y 1-23
Part I of this article gives a brief overview of the KSVPA's statutory provisions and its constitutionality as ruled in Kansas v. Hendricks. Part II describes the current state of the KSVPA by providing a synopsis of the KSVPA's pertinent legislative history. It also describes the current state of ...
View Case Study Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Reforming Stop-and-Frisk
Criminology Crim. Just. L & Soc'y
Date: 2017
By: Henry F. Fradella & Michael D. White (Arizona State University Faculty)
18 Criminology Crim. Just. L & Soc'y, 45-64
Although stop-and-frisk has a long history as a policing tactic rooted in particularized, reasonable suspicion of criminal activity, several U.S. jurisdictions morphed stop-and-frisk into a broad and sometimes aggressive crime control strategy. The recent experiences in many jurisdictions ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
The Detainment of Families: Moral Implications Lacking in Legal Justifications
DePaul J. Soc. Just.
Date: 05/28/2016
By: Stephanie Costa
11 DePaul J. Soc. Just., 1-26
This paper contends that the three family detention facilities — South Texas Family Residential Center in Dilley, Texas, Karnes County Residential Center in Karnes City, Texas, and Berks County Family Residential Center in Leesport, Pennsylvania — are operating in violation of the Flores ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
The Constitutional Law of Incarceration, Reconfigured
Cornell L. Rev.
Date: January 2018
By: Margo Schlanger (University of Michigan Law School Faculty)
103 Cornell L. Rev., 357-436
Part I begins with a doctrinal history; prisoners’ rights precedents are unfamiliar to many, and the author summarizes the pre-Kingsley Supreme Court case law as it evolved over time. Even for those conversant with recent prisoners’ rights cases, the 1980s/90s doctrinal shift the author ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Juvenile Solitary Confinement: A Breach of International Law and Domestic Public Policy
Trinity L. Rev.
Date: Fall 2017
By: Karen DeSoto (New Jersey City University School of Business Faculty)
23, Trinity L. Rev., 1-8
In part I of this paper the author explores the history and development of solitary confinement. In part II the author discusses existing efforts to curb or ban juvenile solitary confinement. In part III the author reviews the international human rights standards for the treatment of juvenile ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
What Is a Church: Implied Consent and the Contraception Mandate
J. Contemp. Legal Issues
Date: 2013
By: Michael A. Helfand (Pepperdine University School of Law Faculty)
21 J. Contemp. Legal Issues, 401-426
This Article considers the “religious employer” exception to the “contraception mandate” – that is, the “preventative care” requirements announced by Department of Health and Human Services pursuant to the Patient Protection and Affordable Care Act. This exception has triggered ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
America's Conscience: The Rise of Civil Society Groups under President Trump
UCLA L. Rev.
Date: 09/30/2018
By: Matthew R. Segal
65 UCLA L. Rev., 1574-1589
Civil society groups have grown under the presidency of Donald Trump, and their new strength carries both opportunity and risk. The Trump administration has fueled these groups; its harsh and discriminatory policies have diminished the government’s integrity and constrained government lawyers to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Keeping the Mentally Ill out of Jail: Sheriffs as Litigants
Alb. Gov't L. Rev
Date: 05/01/2015
By: Mary Zdanowicz
8 Alb. Gov't L. Rev., 536-562
In March 2014, Congress convened a hearing titled “Where Have All the Patients Gone? Examining the Psychiatric Bed Shortage.” Cook County Sheriff Tom Dart testified “[s]ince becoming Sheriff in 2006, I have seen an explosion in the percentage of seriously mentally ill individuals housed in ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
November 11, 2019
Oyez: Kennedy v. Mendoza-Martinez
https://www.oyez.org/cases/1961/2
Date: Nov. 11, 2019
(Cornell Legal Information Institute, Justia, Chicago-Kent College of Law)
Kennedy v. Mendoza-Martinez, Oyez, https://www.oyez.org/cases/1961/2 (last visited Nov 11, 2019).
This link provides a brief summary of the facts of the case, the issue presented, and the majority opinion in this case. The website also provides links to the parties' oral arguments.*
View Link Detail  


CASE ADDITIONS
November 11, 2019
Black Parallel School Board v. Sacramento City Unified School District
Case Category: Education
Trial Docket: 2:19-at-00821 (E.D. Cal.)
ED-CA-0035
Summary/Abstract not yet on record
View Case Detail (ED-CA-0035)


CASE ADDITIONS
November 11, 2019
Prison Legal News v. The GEO Group
Case Category: Prison Conditions
Trial Docket: 1:14-cv-01957-JMS-DKL (S.D. Ind.)
PC-IN-0019
In November 2014, Prison Legal News filed suit under 42 U.S.C. § 1983 in federal district court against The GEO Group, a for-profit corporation that operates and manages a state correctional facility in Indiana, as well as against the state. The plaintiff claimed that the defendants violated its First and Fourteenth Amendment rights by prohibiting the distribution of its monthly journal to prisoners in custody and by failing to provide notice of this censorship and an opportunity to contest it. In January 2015, the parties reached an agreement and filed a stipulation to enter a consent injunction, which the court ordered the next day. Under the agreement, the defendants are enjoined from preventing the distribution of the journal without providing sufficient justification and are required to post the consent injunction in their facilities and conduct compliance training for the mailroom staff. The case is now closed.
View Case Detail (PC-IN-0019)


CASE ADDITIONS
November 11, 2019
Rosas v. Baca
Case Category: Jail Conditions
Trial Docket: 2:12-cv-00428-DDP-SH (C.D. Cal.)
JC-CA-0073
Summary/Abstract not yet on record
View Case Detail (JC-CA-0073)


CASE ADDITIONS
November 10, 2019
The People of the State of New York v. Trump
Case Category: Presidential Authority
Trial Docket: 451130/2018 (State Court)
PR-NY-0006
On June 14, 2018, the State of New York brought this lawsuit against the Donald Trump Foundation and its officers in the Supreme Court of the State of New York. The plaintiff alleged that the defendants breached their fiduciary duties by misusing charitable assets of the Foundation to engage in political activities and by failing to manage the Foundation in accordance governance rules required by New York law. The plaintiff sought injunctive and declaratory relief against the defendants, as well as monetary damages. The court denied the defendants’ motion to dismiss on November 23, 2018 and the decision was appealed. On November 7, 2019, the parties reached a settlement and the court awarded $2,000,000 in damages to the plaintiffs. The case is now closed.
View Case Detail (PR-NY-0006)


CASE ADDITIONS
November 9, 2019
Ball v. Kasich
Case Category: Public Benefits / Government Services
Trial Docket: 2:16-cv-282 (S.D. Ohio)
PB-OH-0008
On March 31, 2016, individuals with intellectual and developmental disabilities filed a class action complaint in the U.S. District Court for the Southern District of Ohio against the State and State departments. They claimed that they were experiencing, or were at risk of experiencing, pervasive and widespread isolation and segregation in violation of Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Supreme Court’s decision in Olmstead v. L.C., and the Social Security Act. On March 23, 2017, the court denied the defendants' motions to dismiss the case. On March 27, 2017, the court granted class certification, but the defendants subsequently asked for reconsideration, and the court entered a revised class definition on March 30, 2018. On May 10, 2019, the parties filed a joint motion for settlement that would entail expanded options counseling and additional funding for individuals with intellectual and development disabilities.
View Case Detail (PB-OH-0008)


ARTICLES THAT USE THE CLEARINGHOUSE
November 7, 2019
Am. Crim. L. Rev.
Date: 2010
By: Margo Schlanger (University of Michigan Faculty)
47 Am. Crim. L. Rev. 1421-1440
Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
November 7, 2019
For the Good of the Group: Using Class Actions and Impact Litigation to Turn Child Welfare Policy into Practice in Illinois
Child. Legal Rts. J.
Date: 2017
By: Emma McMullen (Loyola University Chicago School of Law Law Student)
37 Child. Legal Rts. J.236-252
This article will provide a brief history of the child welfare system nationally and within the state of Illinois. It will examine child welfare class action and impact litigation as an alternative to traditional legislative policy change in Illinois, focusing on four major efforts for reform: The ...
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CASE STUDIES
November 7, 2019
"Discouraging Voluntary Disclosure: EEOC v. C.R. England and Confidentiality Under the ADA"
Bringham Young University
Date: 2012
By: Jessica Jones (Brigham Young University Law Review)
Attorney Jessica Jones examines case law leading up to EEOC v. C.R. England and implications on voluntary disclosure under the Americans with Disabilities Act (ADA). Jones further discusses whether the Tenth Circuit Court of Appeals decision in favor of the defendant in EEOC v. C.R. England is ...
View Case Study Detail  


CASE ADDITIONS
November 7, 2019
EEOC v. C.R. ENGLAND
Case Category: Equal Employment
Trial Docket: 2:06-cv-00811-BSJ (D. Utah)
EE-UT-0003
On September 27, 2006, the Equal Employment Opportunity Commission (EEOC) filed suit against Utah based trucking and transportation company C.R. England. The EEOC and an intervening plaintiff, a former driver for C.R. England, alleged that the company violated the Americans with Disabilities Act by discriminating against their driver because of his HIV-positive status. The district court granted summary judgment in favor of C.R. England on all claims. Both the named plaintiff and the EEOC appealed the decision. In a sealed opinion answering both plaintiffs' appeals, the Tenth Circuit upheld the district court decision. Judge Holmes found that the plaintiffs had not stated a viable claim under the ADA.
View Case Detail (EE-UT-0003)


CASE ADDITIONS
November 7, 2019
Afghan and Iraqi Allies v. Pompeo
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-01388-TSC (D.D.C.)
IM-DC-0051
Summary/Abstract not yet on record
View Case Detail (IM-DC-0051)


CASE ADDITIONS
November 7, 2019
Center for Investigative Reporting v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-07204-EDL (N.D. Cal.)
IM-CA-0110
On Dec. 19, 2017, the Center for Investigative Reporting (CIR) and one of its journalists brought this suit in N.D.Cal, suing DHS under FOIA. Plaintiffs sought information on expedited removal of noncitizens since the Trump Administration's Jan. 25, 2017 EO 13767. The parties disagreed whether the defendant complied had complied with the plaintiff's FOIA request, but the case was voluntarily dismissed in 2018. The case is now closed.
View Case Detail (IM-CA-0110)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
November 4, 2019
The Oyez Project: Altitude Express v. Zarda.
https://www.oyez.org/cases/2019/17-1623
Date: 10/8/2019
By: Oyez Project (IIT Chicago-Kent College of Law)
"Altitude Express v. Zarda." Oyez, www.oyez.org/cases/2019/17-1623. Accessed 4 Nov. 2019.
Information about the Supreme Court litigation in this case.*
View Link Detail  


CASE ADDITIONS
November 3, 2019
Navarro-Ayala v. Hernandez-Colon
Case Category: Mental Health (Facility)
Trial Docket: 74-1301 (D.P.R.)
MH-PR-0001
On November 25, 1974, patients at the Rio Piedras Psychiatric Hospital (RPPH) in San Juan, Puerto Rico, filed a class action lawsuit under 42 U.S.C. §1983 against the Commonwealth of Puerto Rico in the U.S. District Court for the District of Puerto Rico. The plaintiffs, represented by Puerto Rico Legal Services and the Civil Action and Education Corporation, asked the court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by overcrowding, inadequacies in the physical facilities, lack of security for personal belongings, lack of pillows, poor laundry service, unpleasant odors, insufficient therapeutic treatment, insufficient staffing, inadequate classification standards, and discrimination on the basis of geographical origin. On June 3, 1977, the court issued a consent decree and closed the case. Most recently, the Court ordered that the defendants maintain a budget of at least $23,000,000 per fiscal year. The case reopened on June 18, 2015 after a group of patients alleged that RPPH failed to maintain court ordered requirements. Judge. Francisco A. Besosa ordered the Commonwealth to pay attorney's and monitor's fees and closed the case on October 17, 2017.
View Case Detail (MH-PR-0001)


CASE ADDITIONS
November 3, 2019
Roman Catholic Diocese of Beaumont v. Sebelius
Case Category: Speech and Religious Freedom
Trial Docket: 1:13-cv-00709-RC (E.D. Tex.)
FA-TX-0007
On December 10, 2013, a non-profit religious organization filed a lawsuit in the U.S. District Court for the Eastern District of Texas under the First Amendment, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiffs asked the court to rule that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for non-profit religious organizations, is unconstitutional. After appeals to the Fifth Circuit and the Supreme Court, the parties settled in a joint stipulation acknowledging that new regulations acknowledged the plaintiffs' religious rights.
View Case Detail (FA-TX-0007)


CASE ADDITIONS
November 3, 2019
Campbell v. Conectiv
Case Category: Equal Employment
Trial Docket: 2:05-cv-05377 (E.D. Pa.)
EE-PA-0226
This case was consolidated with an EEOC case that brought suit on behalf of four African-American workers, who claimed that the defendant employers on a large construction site had allowed them to be subjected to severe racial harassment, in violation of Title VII. The court approved a consent decree between the EEOC and each of the defendants, providing monetary awards to the employees and injunctive relief for the employees and all those similarly situated.
View Case Detail (EE-PA-0226)


CASE ADDITIONS
November 3, 2019
Centro Presente, Inc. v. McAleenan
Case Category: Immigration and/or the Border
Trial Docket: 1:19-cv-02840 (D.D.C.)
IM-DC-0064
A group of asylum-seekers and two immigration non-profits files suit on September 20, 2019 against the U.S. Attorney General, ICE, and DHS to stop the implementation of a new expedited deportation rule that would greatly expand who could be quickly swept into fast-tracked deportation proceedings.
View Case Detail (IM-DC-0064)


CASE ADDITIONS
November 3, 2019
A.I.I.L. v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: 4:19-cv-00481-JAS (D. Ariz.)
IM-AZ-0028
In October 2019, immigrant children and their parents filed a putative class-action lawsuit in the U.S. District Court for Arizona. Plaintiffs alleged that defendants violated their constitutional rights under the Fourth and Fifth Amendments by separating children from their parents at the U.S. border. The case is ongoing
View Case Detail (IM-AZ-0028)


CASE ADDITIONS
November 1, 2019
American Civil Liberties Union of Northern California v. U.S. Immigration and Customs Enforcement
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-03050-JCS (N.D. Cal.)
IM-CA-0119
On May 23, 2018 the ACLU of Northern California filed this lawsuit against Immigration and Customs Enforcement (ICE) under the Freedom of Information Act, alleging that ICE had not provided the ACLU with documents they had requested related to ICE's purchase of automated license plate reader data. The parties agreed to a schedule for the documents to be released on a rolling basis, which was completed in November 2018. A settlement also required ICE to pay attorneys' fees. The case is now closed.
View Case Detail (IM-CA-0119)


CASE ADDITIONS
November 1, 2019
C.M. v. United States
Case Category: Immigration and/or the Border
Trial Docket: 2:19-cv-05217-SRB (D. Ariz.)
IM-AZ-0027
In 2019, five asylum-seeking parents filed this lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued the United States under the Federal Tort Claims Act over the government’s family separation policy. The plaintiffs alleged the U.S. government inflicted emotional distress on the plaintiffs and their minor children in order to deter other parents with children from seeking asylum in the United States. This case is ongoing.
View Case Detail (IM-AZ-0027)


CASE STUDIES
October 31, 2019
"Untoward Consequences: The Ironic Legacy of Keyes v. School District No. 1"
Denv. U.L. Rev.
Date: 2013
By: Rachel Moran (Yale Law School Faculty)
90 Denv. U.L. Rev. 1209-1230
The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using circumstantial evidence to establish intentional discrimination and bring courtordered busing to a ...
View Case Study Detail  


CASE STUDIES
October 31, 2019
"U.S. V. Warren, OH: The Case for Applying Aristotelian Modeling in Police Reform"
U. Mich. J.L. Reform Online
Date: 2018
By: Alicia McCaffrey (University of Michigan Law Student)
51 U. Mich. J.L. Reform Online 1-20
Police reform scholarship tends to emphasize the bureaucratic nature of problems in policing, and, in turn, proposes administrative solutions, such as providing more training or critiquing specific language in a manual. This comment argues that instead of viewing policing problems as at their core ...
View Case Study Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
The Influence of Government Defenders on Affirmative Civil Rights Enforcement
Fordham L. Rev.
Date: 2018
By: Alexander A. Reinert (Benjamin N. Cardozo School of Law of Yeshiva University Faculty)
86 Fordham L. Rev. 2181-2198
The focus of this brief Article will be on a conundrum, particularly in the area of civil rights enforcement: the federal government—in particular the DOJ—can be one of the most efficient and powerful vindicators of civil rights, while at the same time one of the most effective advocates for ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
Intelligence Legalism and the National Security Agency's Civil Liberties Gap
Harv. Nat'l Sec. J.
Date: 2015
By: Margo Schlanger (University of Michigan Faculty)
6 Harv. Nat'l Sec. J. 112-205
Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
Current Developments in the Executive Branch: Sanctuary Cities under the Trump Administration, the Frontlines of the Battle for Immigration
Geo. Immigr. L.J.
Date: Spring 2017
By: Ahmad Al-Dahani (Georgetown University Law Center Law Student)
31 Geo. Immigr. L.J. 665-674
“Sanctuary cities” is a subject of intense political and legal disagreement in the United States. It refers to jurisdictions that implement policies limiting cooperation between local officials and federal immigration authorities.“[N]early 300 jurisdictions as well as the states of Colorado, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace
Wash. U.L. Rev.
Date: 2014
By: Margo Schlanger (University of Michigan Faculty)
91 Wash. U.L. Rev. 1519-1590
In 2011, the United States Supreme Court struck down a class action suit alleging that Wal-Mart stores discriminated against female employees in pay and promotion decisions, making it more difficult to obtain certification of private employment discrimination class actions. As a result, the role of ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
How the ADA Regulates and Restricts Solitary Confinements for People with Mental Disabilities
Advance
Date: May 2016
By: Margo Schlanger (The University of Michigan Faculty)
10 Advance 39-56
In this Issue Brief, the author argues that solitary confinement of prisoners with mental illness or intellectual disabilities frequently constitutes disability discrimination, challengeable under Title II of the ADA6 and the Rehabilitation Act7 —federal statutes that proscribe discrimination on ...
View Article Detail  


CASE ADDITIONS
October 31, 2019
Ray v. Ohio Department of Health
Case Category: Public Benefits / Government Services
Trial Docket: 2:18-cv-00272-MHW-CMV (S.D. Ohio)
PB-OH-0011
On March 29, 2018, four transgender persons filed this lawsuit in the U.S. District Court for the Southern District of Ohio. The plaintiffs sued the Director of the Ohio Department of Health under 42 U.S.C. § 1983. Represented by the ACLU, the plaintiffs sought declaratory and injunctive relief as well as attorneys’ fees and costs. Their claims survived a motion to dismiss. The case is ongoing.
View Case Detail (PB-OH-0011)


CASE ADDITIONS
October 31, 2019
California v. Corrective Education Company
Case Category: Criminal Justice (Other)
Trial Docket: CGC-15-549094 (State Court)
CJ-CA-0025
In 2015, the San Francisco City Attorney filed this complaint in the Superior Court of California. The plaintiff alleged that the defendant's "restorative justice" program for accused shoplifters was extortive, fraudulent, unfair, and led to false imprisonment, all in violation of California's Unfair Competition Law. The plaintiff sought to enjoin the defendant from operating this program in California. In 2018, Superior Court Judge Harold Kahn granted the plaintiff's Motion for Summary Judgment and ordered a permanent injunction, in turn barring the defendant from operating this program in California. The parties reached a settlement and dismissed the case with prejudice in 2018. The case is now closed.
View Case Detail (CJ-CA-0025)


CASE STUDIES
October 30, 2019
"Explaining Texas v. U.S.: A Guide to the 5th Circuit Appeal in the Case Challenging the ACA"
KFF.org
Date: Jul. 3, 2019
By: MaryBeth Musumeci (Kaiser Family Foundation)
The Kaiser Family Foundation Associate Director at the Program on Medicaid and the Uninsured has compiled a short history of the federal government's position on the Affordable Care Act as well as the specific issues likely to be considered by the court. The article also discusses the possible ...
View Case Study Detail  


CASE ADDITIONS
October 30, 2019
Apsley v. Boeing Co.
Case Category: Equal Employment
Trial Docket: 6:05-cv-01368-EFM-KMH (D. Kan.)
EE-KS-0026
On December 19, 2005 a group of former employees of the Boeing Company filed suit in the United States District Court of Kansas against the Boeing Company (Boeing), Spirit Aerosystems Inc. (Spirit), the Onex Corporation (Onex) and Midwestern Aircraft (Midwestern). The plaintiffs sought declaratory, injunctive and monetary relief as well as class certification, alleging pattern or practice of age discrimination, disparate impact and disparate treatment by the defendants during the layoff and rehire process, in connection with Boeing's sale of its commercial airplane manufacturing facilities to Onex. The plaintiffs brought eight claims, two of which were dismissed during the pleading stage, five were dismissed as the District Court granted summary judgment in the defendants' favor in two separate opinions. The plaintiffs appealed to the 10th Circuit Court, but the 10th Circuit affirmed the lower court's decisions. The remaining claim in the case after the Circuit Court decision was the plaintiffs' ADEA claim of disparate treatment. A number of individual plaintiffs settled with defendants. After the plaintiffs failed to appear at a hearing on a motion to dismiss, Judge Melgran granted the motion. The plaintiffs appealed on February 9, 2015, and the appeal was dismissed on June 16, 2015 for failure to prosecute. The case is closed.
View Case Detail (EE-KS-0026)


CASE ADDITIONS
October 30, 2019
Jamison v. Farabee
Case Category: Mental Health (Facility)
Trial Docket: 4:78-cv-00445 (N.D. Cal.)
MH-CA-0001
In 1978, persons confined as patients in California under the Welfare and Institutions Act filed this class action lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the California Department of Mental Health, and related agencies, seeking the right to refuse antipsychotic medication. The parties settled in 1983; the consent decree guaranteed patients the right to refuse antipsychotic medications under prescribed circumstances, but staff retained the right to forcibly medicate in emergency situations. The case is technically open.
View Case Detail (MH-CA-0001)


CASE ADDITIONS
October 29, 2019
Gonzalez v. Moore
Case Category: Public Benefits / Government Services
Trial Docket: 1:19-cv-03035-TWT (N.D. Ga.)
PB-GA-0010
A Puerto Rican-born citizen sued the Georgia Department of Driver Services for discriminating against him and depriving him of his equal protection and due process rights in the Northern District of Georgia. The case has been stayed until December 31, 2019.
View Case Detail (PB-GA-0010)


CASE ADDITIONS
October 29, 2019
Mitchell v. City of Los Angeles
Case Category: Policing
Trial Docket: 2:16-cv-01750 (C.D. Cal.)
PN-CA-0038
On March 14, 2016, several homeless residents of the Skid Row area in Los Angeles filed this § 1983 case in the U.S. District Court for the Central District of California, alleging violations of the Fourth, Fifth, and Fourteenth Amendments, the ADA, the Rehabilitation Act, and various California laws. The plaintiffs sought declaratory judgment, damages, and injunctive relief against the City of Los Angeles and the Los Angeles Police Department. The plaintiffs alleged that the LAPD had started arresting homeless people for non-violent quality of life infractions, seizing their property, and destroying it, including medical equipment and blankets. Judge S. James Otero granted the plaintiffs a preliminary injunction on April 13, 2016. After lengthy settlement negotiations, the parties came to an agreement on May 31, 2019, and the underlying case was dismissed. The three-year Settlement Agreement required the City to provide notice to the homeless in the Skid Row area before street cleaning operations, to properly store seized property and promptly make it available for its owners to reclaim, and to pay the plaintiffs damages and attorneys' fees. Soon after the case was dismissed pursuant to the Settlement Agreement, the DTLA Alliance for Human Rights attempted to intervene in the case. Judge Otero determined that the court did not have jurisdiction because the underlying case had been dismissed. Judge Otero's decision on the DTLA Alliance's motion to intervene has been appealed to the Ninth Circuit and briefing is due by the end of 2019.
View Case Detail (PN-CA-0038)


CASE ADDITIONS
October 28, 2019
Texas v. United States of America
Case Category: Public Benefits / Government Services
Trial Docket: 4:18-cv-00167-O (N.D. Tex.)
PB-TX-0015
The State of Texas and 19 other states brought suit alleging that the Tax Cuts and Jobs Act of 2017 made the individual mandate of the Affordable Care Act (ACA) unconstitutional. Plaintiffs claimed that the 2017 amendment that eliminated the tax penalty of the ACA rendered not only the individual mandate unlawful, but also the rest of the ACA. The United States District Court for the Northern District of Texas ruled in favor of the plaintiffs on the claim that the individual mandate of the ACA exceeds Congress's Article I constitutional enumerated powers and is inseverable. The judgment is currently stayed pending appeal in the Fifth Circuit Court of Appeals.
View Case Detail (PB-TX-0015)


CASE ADDITIONS
October 27, 2019
Long et al v. Pickell
Case Category: Public Benefits / Government Services
Trial Docket: 2:16-cv-10842 (E.D. Mich.)
PB-MI-0017
On March 8th, 2016, two Genesee County Jail detainees, on behalf of themselves and other detainees, filed this lawsuit in the United States District Court in the Eastern District of Michigan. The plaintiffs sued the Sheriff of Genesee County Jail under 42 U.S.C. § 1983. The plaintiffs sought class certification, declaratory relief, injunctive relief requiring the Genesee County Jail to provide safe and clean water to all detainees, and attorneys’ fees and costs. The plaintiffs claimed that the Genesee County Jail provided detainees with toxic water for consumption, bathing, and food preparation in violation of the Fourteenth and Eighth Amendments. On June 23, 2016, the lawsuit was resolved via a consent decree. The decree required defendants to test the water in five locations within the Jail every fourteen days for an eight week period, sending copies to the plaintiffs’ counsel. If the tests showed that the lead levels were safe, the defendants were allowed to supply water from the Flint water system to detainees for all uses. The consent decree lasted for one year.
View Case Detail (PB-MI-0017)


CASE ADDITIONS
October 27, 2019
Texas League of United Latin American Citizens v. Whitley
Case Category: Election/Voting Rights
Trial Docket: 5:19-cv-00074-FB (W.D. Tex.)
VR-TX-0445
Summary/Abstract not yet on record
View Case Detail (VR-TX-0445)


CASE ADDITIONS
October 27, 2019
Mays v. County of Sacramento
Case Category: Jail Conditions
Trial Docket: 2:18-cv-02081 (E.D. Cal.)
JC-CA-0134
Prisoners in Sacramento County jails filed suit against the County of Sacramento alleging a series of issues present in Sacramento County Jails. Specifically, the plaintiffs alleged that there was understaffing, a lack of adequate mental health care and physical health care, and discrimination on the basis of disability. The plaintiffs argued that the conditions in the jails violated the Eighth Amendment, the Fourteenth Amendment, the ADA, the Rehabilitation Act, and California State law. In June 10, 2019, the parties submitted a joint notice of settlement, submitting a proposed Consent Decree and Notice of Class Action Settlement. As of October 27, 2019, the case is ongoing.
View Case Detail (JC-CA-0134)


CASE ADDITIONS
October 27, 2019
G.H. v. Marstiller
Case Category: Juvenile Institution
Trial Docket: 4:19-cv-00431-MW-MJF (N.D. Fla.)
JI-FL-0008
Three minors represented by the Southern Poverty Law Center, Florida Justice Institute, Inc., and Florida Legal Services, filed suit on September 4, 2019 in the Northern District of Florida against the Secretary of the Florida Department of Juvenile Justice (DJJ) and the Florida Department of Juvenile Justice. Plaintiffs sought class action certification to represent children subject to solitary confinement in DJJ run detention centers. Plaintiffs alleged DJJ routinely placed children in solitary confinement repeatedly and without any time limit. As of October 27, 2019, the case is ongoing.
View Case Detail (JI-FL-0008)


CASE ADDITIONS
October 26, 2019
Stinnie v. Holcomb
Case Category: Public Benefits / Government Services
Trial Docket: 3:16-cv-00044-NKM (W.D. Va.)
PB-VA-0007
On July 6, 2016, indigent Virginia residents who had suffered indefinite suspension of their driver's licenses for failure to pay court costs and fines that they could not afford, brought this class action lawsuit in the Western District of Virginia. The plaintiffs sued the Commissioner of the Virginia Department of Motor Vehicles under 42 U.S.C. § 1983, claiming that the Commonwealth's scheme of suspending licenses to coerce payment of money owed to the courts unfairly punishes poor people for being poor, and that suspending their licenses was a violation of the due process and equal protection clauses of the U.S. Constitution. In March 2017, Senior U.S. District Judge Norman K. Moon dismissed the case without prejudice, holding that the court lacked jurisdiction to hear the case. The plaintiffs appealed to the United States Court of Appeals for the Fourth Circuit. In May 2018, the Fourth Circuit dismissed the appeal for lack of jurisdiction and remanded the case back to the district court with instructions to allow the plaintiffs to amend their complaint. In September 2018, the plaintiffs filed an amended class action complaint and a motion for preliminary injunction, which Judge Moon granted in December 2018, finding it likely that the plaintiffs would succeed on establishing that the Virginia statute violates procedural due process. In 2019, the District Court issued an order staying the proceedings until 2020, citing a budget amendment by Governor Northam that reinstated the driver's licenses that had been revoked for failure to pay fines.
View Case Detail (PB-VA-0007)


ARTICLES THAT USE THE CLEARINGHOUSE
October 25, 2019
Anti-Incarcerative Remedies for Illegal Conditions of Confinement
U. Miami Race & Soc. Just. L. Rev.
Date: Summer 2016
By: Margo Schlanger (University of Michigan Faculty)
6 U. Miami Race & Soc. Just. L. Rev. 1-30 (2016)
Well over half of American prisoners have symptoms of mental illness. And the most recent thorough analysis found that an astounding 15% of state prisoners and 24% of jail inmates "reported symptoms that met the criteria for a psychotic disorder." In addition, 4 to 10% prisoners have a serious ...
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CASE ADDITIONS
October 24, 2019
P.L v. U.S. Immigration and Customs Enforcement
Case Category: Immigration and/or the Border
Trial Docket: 1:19-cv-01336-ALC (S.D.N.Y.)
IM-NY-0067
The plaintiffs in this case are seven immigrants who were detained in jails outside of New York City and required to appear for removal proceedings through VTC. Prior to June 2018, detained immigrants had their removal proceedings in person. On June 27, 2018 ICE’s New York Field Office announced that the majority of future proceedings would be conducted through VTC. Issues such as the plaintiffs feeling discouraged to testify about sensitive personal information vital to their case via VTC while in the presence of ICE agents and delays due to foreign language interpretation services or accommodations added to the difficulty of testifying.
View Case Detail (IM-NY-0067)


CASE ADDITIONS
October 24, 2019
Jewel v. National Security Agency
Case Category: National Security
Trial Docket: 4:08-cv-04373-JSW (N.D. Cal.)
NS-CA-0002
In 2008, AT&T residential telephone customers sued the United States, claiming that the its electronic surveillance program violated the Fourth Amendment, First Amendment, Foreign Intelligence Surveillance Act ("FISA"), the Wiretap Act, the Electronic Communications Privacy Act or the Stored Communications Act, the Administrative Procedure Act, and separation of powers. In 2013, the District Court dismissed the Plaintiffs' statutory claims; and in February 2015, the Court dismissed the Fourth Amendment Claim. In June 2015, the plaintiffs appealed to the United States Court of Appeals for the Ninth Circuit; in December 2015, the Ninth Circuit dismissed the appeal for lack of jurisdiction, and given that the questions surrounding Fourth Amendment was intertwined with several other issues that remained pending in district court, and the interlocutory appeal would only have prolonged final resolution of the case. In February 2016, Judge White held that the plaintiffs may state claims under the Wiretap Act and the Stored Communications Act, and in May 2017, Judge White ordered the government defendants to marshal all of their evidence relating to plaintiffs’ standing and to present that evidence to the court. In September 2018, the government defendants filed a motion for summary judgment. In April the court approved the defendants summary judgement motion and denied the plaintiffs'. The plaintiffs appealed in April to the 9th Circuit of Appeals. As of October 2019, this appeal remains pending.
View Case Detail (NS-CA-0002)


CASE ADDITIONS
October 24, 2019
Edgar v. Coats
Case Category: Speech and Religious Freedom
Trial Docket: 8:19-cv-00985-GJH (D. Md.)
FA-MD-0002
On April 2, 2019, five former employees of the Office of the Director of National Intelligence, the Central Intelligence Agency, and the Department of Defense, brought this suit challenging the agencies’ system of pre-publication review. Plaintiffs alleged the regimes of review violated their First Amendment rights in granting executive officers sweeping discretion to suppress publications and speech. The case was assigned to Judge Jarrod Hazel. Defendants filed a motion to dismiss, and the case is ongoing.
View Case Detail (FA-MD-0002)


CASE ADDITIONS
October 23, 2019
National Immigration Project of the National Lawyers Guild v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-00659-AT (S.D.N.Y.)
IM-NY-0060
On Jan. 25, 2018, the NIPNLG and a professor sued DHS under FOIA, seeking materials on the government's Nov. 2017 decision to terminate Temporary Protected Status (TPS) for Haitian nationals. Due to parallel injunctive litigation and receiving the desired documents the plaintiffs agreed to voluntarily dismiss on April 23, 2019.
View Case Detail (IM-NY-0060)


CASE ADDITIONS
October 23, 2019
Todd v. Housing Authority of Kansas City, Missouri
Case Category: Public Housing
Trial Docket: 4:84-cv-00852 (W.D. Mo.)
PH-MO-0001
In 1984, applicants determined to be ineligible for public housing by the Housing Authority of Kansas City filed a class action lawsuit against the organization and its Executive Director under 42 U.S.C § 1983, alleging that they were not granted due process and were denied assistance. In 1988, they entered into a consent decree that granted the plaintiffs greater rights to appeal their ineligibility, the ability to use a payment plan to pay off debts owed to the Housing Authority, and also provided for attorney fees.
View Case Detail (PH-MO-0001)


CASE ADDITIONS
October 21, 2019
Johnson v. Raemisch
Case Category: Prison Conditions
Trial Docket: 3:07-cv-00390 (W.D. Wis.)
PC-WI-0013
On July 19, 2007, a prisoner at Waupun Correctional Institution filed this §1983 lawsuit against the Wisconsin Department of Justice in US District Court for the Western District of Wisconsin, alleging violations of his First Amendment rights. Specifically, plaintiff alleged that defendants illegally refused to deliver him the 3/22/07 edition of The New Abolitionist, a newsletter critical of Wisconsin prison officials. In May 2008, the Court grant summary judgment to plaintiff, ordering the prison officials to immediately deliver him a copy of the publication, and scheduling a trial on damages. The parties settled in July 2008.
View Case Detail (PC-WI-0013)


CASE ADDITIONS
October 20, 2019
Wyatt B. v. Brown
Case Category: Child Welfare
Trial Docket: 6:19-cv-00556-AA (D. Or.)
CW-OR-0001
Ten children in the custody of the Oregon Department of Human Services filed this putative class action lawsuit in the United States District Court for the District of Oregon. The plaintiffs sued the Oregon Department of Human Services under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Adoption Assistance and Child Welfare Act (CWA) of 1980. The plaintiffs, represented by A Better Childhood, Disability Rights Oregon, and private counsel, sought a declaration that the defendants had violated the plaintiffs’ constitutional and statutory rights and injunctive relief to prevent future harm. The defendants have filed a motion to dismiss, and the case is ongoing as of October 2019.
View Case Detail (CW-OR-0001)


CASE ADDITIONS
October 18, 2019
Disability Rights Montana v. Opper
Case Category: Prison Conditions
Trial Docket: 2:14-cv-00025-SEH (D. Mont.)
PC-MT-0008
Disability Rights Montana filed this lawsuit against the Montana Department of Corrections, the Montana State Prison, the Montana Department of Public Health and Human Services, and the Montana State Hospital, in the United States District Court for the District of Montana. The plaintiff alleged that the Prison and the Department of Corrections were violating the Eighth Amendment rights of seriously mentally ill prisoners by, among other things, putting prisoners with serious mental illnesses in solitary confinement. As for the hospital and the DPHHS, the plaintiff alleged that both were violating the Fifth and Fourteenth Amendment Due Process rights of prisoners who had been sentenced as "guilty but mentally ill" (GBMI) by transferring them from the hospital to the state prison. This second claim was eventually dropped by the plaintiffs in a stipulated dismissal. After dismissal of their claims by the district court, plaintiffs appealed to the Ninth Circuit. The Ninth Circuit reversed the judgment and the case is ongoing on remand in the District Court.
View Case Detail (PC-MT-0008)


CASE ADDITIONS
October 18, 2019
Mendoza-Martinez v. Mackey [Kennedy v. Mendoza-Martinez]
Case Category: Immigration and/or the Border
Trial Docket: 1334-ND (N.D. Cal.)
IM-CA-0139
In 1946, the plaintiff was stripped of his citizenship under Section 401(j) the Nationality Act of 1940 for having fled the U.S. to evade conscription during World War II. He challenged the constitutionality of this provision, and his case was eventually reviewed by the Supreme Court. The Court concluded that the Section 401(j) Expatriation provision of the Nationality Act was unconstitutional. The case is now closed. The Supreme Court found Section 401(j) to be unconstitutional under the Fifth, Sixth, and Eighth Amendments. According to the Court, the stripping of citizenship was form of cruel and unusual punishment. Further, the Court held that this punishment was imposed through a process lacking procedural protections demanded by the constitution.
View Case Detail (IM-CA-0139)


CASE ADDITIONS
October 18, 2019
Tenorio-Serrano v. Driscoll
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-08075 (D. Ariz.)
IM-AZ-0026
Following his arrest and confinement at the Coconino County Detention Facility (CCDF), plaintiff challenged the prolonged detention of inmates at CCDF triggered by detainer requests from the U.S. Immigration and Customs Enforcement Agency (ICE). Plaintiff claimed this policy violated Article II, section 8 of the Arizona Constitution and the Fourth and Fourteenth Amendments to the United States Constitution. He sought class-wide declaratory and injunctive relief for all CCDF detainees subject to this prolonged detention policy despite their eligibility for pretrial release. The U.S. District Court for the district of Arizona denied the plaintiff's motion for a preliminary injunction, citing his inability to demonstrate a likelihood of success on the merits of his claims. Plaintiff moved to dismiss the case thereafter, which was accepted by the court.
View Case Detail (IM-AZ-0026)


CASE ADDITIONS
October 18, 2019
City of Richmond v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-01535 (N.D. Cal.)
IM-CA-0090
On Mar. 21, 2017, the city of Richmond, CA challenged Trump’s Executive Order, which withholds federal funding from "sanctuary jurisdictions." Richmond sought declaratory and injunctive relief, alleging that it would be subject to financial and legal jeopardy if the federal government withheld funding from its municipal services. On Aug. 21, the Court granted the government's motion to dismiss, distinguishing Richmond's case from the related San Francisco/Santa Clara litigation. Because Richmond had not demonstrated that it had been targeted by the Order or that Richmond was not in compliance with the Administration's interpretation of 8 U.S.C. 1373, Judge William H. Orrick of the District Court for the Northern District of California found that Richmond lacked standing and that its claim was not yet ripe. Richmond declined to amend its complaint, and it appears this case has since been dismissed.
View Case Detail (IM-CA-0090)


CASE ADDITIONS
October 18, 2019
Rogers v. Sheriff of Cook County
Case Category: Jail Conditions
Trial Docket: 1:15-cv-11632 (N.D. Ill.)
JC-IL-0053
Three individual plaintiffs seeking class certification sued the Sheriff of Cook County and Cook County for compensatory damages following their forced tapering from opioid agonist therapy while in the custody of the Cook County Jail. Case is ongoing.
View Case Detail (JC-IL-0053)


CASE ADDITIONS
October 17, 2019
Taha v. Bensalem Township
Case Category: Jail Conditions
Trial Docket: 2:12-cv-06867-WB (E.D. Pa.)
JC-PA-0037
In 2012, a former detainee of Bucks County Correctional Facility filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs alleged that the County's policy of publishing their personal information and criminal history violated Pennsylvania state law. In 2019, a jury awarded the plaintiffs $68 million in punitive damages. The case is ongoing pending appeal.
View Case Detail (JC-PA-0037)


CASE ADDITIONS
October 17, 2019
Oakland v. Wells Fargo
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 3:15-cv-04321-EMC (N.D. Cal.)
FH-CA-0028
The City of Oakland filed suit against Wells Fargo & Co and Wells Fargo Bank NA in the Northern District of California alleging predatory mortgage lending practices that disproportionately affected minority communities. These mortgages are alleged to have caused a loss of property tax revenue, increased municipal spending, and the neutralization of city fair-housing programs. The motion to dismiss was partially denied by the court and is currently on interlocutory appeal with the 9th Circuit.
View Case Detail (FH-CA-0028)


CASE ADDITIONS
October 17, 2019
Andrews v. Allen
Case Category: Prison Conditions
Trial Docket: 6:18-cv-00047-JRH-RSB (S.D. Ga.)
PC-GA-0022
Two prisoners sued employees of the Georgia State Prisons for two separate instances of unlawful assault occurring on April 19, 2018. The suit was filed under 42 U.S.C § 1983 for violations of the Eighth and Fourteenth Amendments. The parties agreed to an undisclosed settlement, and the case was dismissed with prejudice on June 13, 2019.
View Case Detail (PC-GA-0022)


CASE ADDITIONS
October 16, 2019
Minich v. Spencer
Case Category: Prison Conditions
Trial Docket: 1482CV00448 (State Court)
PC-MA-0050
Three individuals held at Bridgewater State Hospital challenged the Hospital's use of seclusion and restraints against patients. The plaintiffs obtained an injunction ordering the Hospital to reform its use of seclusion and restraints. Their suit for damages is still open, but it has already resulted in a decision finding a private cause of action against misuse of seclusion and restraints under state law.
View Case Detail (PC-MA-0050)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
October 13, 2019
Bridgewater Inmate’s Family Agrees To Settle Suit
The Boston Globe
Date: April 2014
By: Michael Rezendes (The Boston Globe)
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
October 13, 2019
Titicut Follies
Film
Date: October 1967
By: Frederick Wiseman
This film explores conditions inside Massachusetts' Bridgewater State Hospital, a facility for individuals suffering from mental illness who have been committed. *
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 26, 2019
SUMMARY OF SETTLEMENTS BETWEEN CIVIL RIGHTS ADVOCATES AND FACEBOOK
ACLU
Date: May 2019
By: ACLU
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 26, 2019
Facebook Lets Advertisers Exclude Users by Race
ProPublica
Date: October 2016
By: Julia Angwin and Terry Parris Jr. (ProPublica)
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 14, 2019
Officials Agree To Cap Population at D.C. Jail
https://www.prisonlegalnews.org/news/2009/feb/15/officials-agree-to-cap-population-at-dc-jail/
Date: February 2009
By: Michael Rigby (Prison Legal News)
View Link Detail