University of Michigan Law School
Civil Rights Litigation Clearinghouse

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


CASE ADDITIONS
October 16, 2018
Hollihan v. Pennsylvania Department of Corrections
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 3:15-cv-00005-EMK-SES (M.D. Pa.)
DR-PA-0008
In Jan. 2015, the plaintiff, an inmate, filed this putative class action lawsuit in the U.S. District Court for the Middle District of Pennsylvania, alleging that the Pennsylvania Department of Corrections systematically denied medical care to inmates with severe eye conditions, including severe cataracts, in violation of the ADA, § 504, and his Eighth Amendment right to be free from cruel and unusual punishment. The parties settled, and the Department of Corrections changed their cataract policy, no longer denying inmates for surgery if they had "One Good Eye."
View Case Detail (DR-PA-0008)


CASE STUDIES
October 15, 2018
"Public-Private Conservation Agreements and the Greater Sage Grouse"
Public Land & Resources Law Review
Date: Oct. 15, 2018
By: Justin R. Pidot (University of Denver Sturm College of Law)
39 Pub. Land & Resources L. Rev. 161
The author, a former attorney with the U.S. Bureau of Land Management, discusses litigation related to threatened species relegated to the government's "precluded" list, including the Greater Sage Grouse. Differences between the Obama and Trump administrations with respect to conservation in this ...
View Case Study Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
October 14, 2018
"The Oyez Project, Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011)."
https://www.oyez.org/cases/2010/10-277
Date: Oct. 14, 2018
By: Oyez Project (IIT Chicago-Kent College of Law)
Information about the Supreme Court litigation in this case, including audio recordings of the oral argument and opinion announcement, and the briefs and the docket and written opinion.*
View Link Detail  


CASE ADDITIONS
October 14, 2018
Johnson v. Jessup
Case Category: Criminal Justice (Other)
Trial Docket: 1:18-cv-00467 (M.D. N.C.)
CJ-NC-0008
Four low-income citizens facing permanent license revocation filed this class action in North Carolina federal court against the DMV under §1983. They alleged DMV violated Fourteenth Amendment Due Process because license revocation hearings did not provide an adequate inquiry into the plaintiffs' ability to pay. The case is ongoing.
View Case Detail (CJ-NC-0008)


CASE ADDITIONS
October 14, 2018
Holmes v. Godinez
Case Category: Prison Conditions
Trial Docket: 1:11-cv-02961 (N.D. Ill.)
PC-IL-0028
Summary/Abstract not yet on record
View Case Detail (PC-IL-0028)


CASE ADDITIONS
October 13, 2018
Alicia B. v. Malloy
Case Category: Education
Trial Docket: 3:16-cv-00065 (D. Conn.)
ED-CT-0005
Two Connecticut plaintiffs are suing their respective public schools board of education and the State Board of Education for inadequate alternative education provided to expelled students. The Boards of Education and the State defendants have settled individually with the Plaintiffs. The State Department of Education agreed to develop and disclose several guidelines, as well as to implement and monitor the execution of several measures about the issues raised by the complaint.
View Case Detail (ED-CT-0005)


CASE ADDITIONS
October 12, 2018
American Immigration Council v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 14-cv-8403 (S.D.N.Y.)
IM-NY-0050
On October 21, 2014, the American Immigration Council, National Immigration Project of the National Lawyers Guild and American Civil Liberties Union filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs claimed that the defendants failed to disclose documents regarding information and practices concerning the expedited removal of families from an Artesia, New Mexico immigration detention center. The production of the requested documents was ordered. The parties settled on June 6, 2017.
View Case Detail (IM-NY-0050)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
October 11, 2018
State v. Gregory
https://www.aclu-wa.org
Date: Oct. 11, 2018
By: ACLU of Washington (ACLU)
An ACLU amicus brief urges the Washington Supreme Court to strike down the state’s death penalty system for being arbitrary, unfair, and racially biased. Joining in the brief are 56 former and retired judges from around the state, an organization representing murder victims’ families, faith ...
View Link Detail  


CASE ADDITIONS
October 11, 2018
EEOC v. EXXON MOBIL CORPORATION
Case Category: Equal Employment
Trial Docket: 3:06-CV-1732-K (N.D. Tex.)
EE-TX-0117
Summary/Abstract not yet on record
View Case Detail (EE-TX-0117)


CASE ADDITIONS
October 11, 2018
Lopez v. Brown
Case Category: Prison Conditions
Trial Docket: 15-cv-02725 (N.D. Cal.)
PC-CA-0071
Summary/Abstract not yet on record
View Case Detail (PC-CA-0071)


CASE ADDITIONS
October 11, 2018
EEOC v. Sterling Jewelers Inc.
Case Category: Equal Employment
Trial Docket: No. 08-CV-706 (W.D.N.Y.)
EE-NY-0236
On September 9, 2008, in response to charges filed by 18 women, the Equal Employment Opportunity Commission (EEOC) filed suit against Sterling Jewelers, Inc., alleging violation of Title VII of the Civil Rights Act of 1964 through sex-discriminatory employment practices. The EEOC alleges that Sterling's system of promotion and compensation decisions is excessively subjective, arguing that it is intentionally so to facilitate/encourage discrimination and that in any case it has an illegal disparate impact on female sales employees. The EEOC sought injunctive relief and monetary relief for the class of female sales employees and to recover its costs. The progress of the case has been slow because of numerous disputes over procedure and discovery. On April 25, 2011, the Court (Richard J. Arcara) bifurcated trial and discovery into two phases, liability (Stage I) and damages (Stage II). The bifurcation was followed by extensive discovery dispute. The case was initially granted summary judgment in favor of Sterling in 2013 on grounds that EEOC failed to satisfy their obligation to conduct nationwide investigations of Sterling's employment practices. EEOC appealed, and the United States Court of Appeals for the Second Circuit vacated and remanded this motion. EEOC and Sterling entered into a consent decree on Mar 4, 2017. The court maintained jurisdiction, and provisions included general injunctive provisions, and the appointment of an employment practice expert.
View Case Detail (EE-NY-0236)


CASE ADDITIONS
October 11, 2018
Foster v. City of Oakland
Case Category: Jail Conditions
Trial Docket: 3:05-cv-03110-SI (N.D. Cal.)
JC-CA-0062
On August 1, 2005, a group of men, who claimed they were wrongfully strip searched, filed a lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983 against the City of Oakland, the Oakland Chief of Police, and Oakland police officers. On April 18, 2013, the parties agreed to a settlement of injunctive and declaratory relief claims requiring the defendants to institute a new policy concerning strip searches in the field.
View Case Detail (JC-CA-0062)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
October 10, 2018
EPIC.org U.S. v. Moalin
General background, news articles, and additional filings related to this case.*
View Link Detail  


CASE ADDITIONS
October 10, 2018
EEOC v. GNLV Corp. d/b/a/ Golden Nugget
Case Category: Equal Employment
Trial Docket: 2:06-cv-01225-BES-PAL (D. Nev.)
EE-NV-0013
Summary/Abstract not yet on record
View Case Detail (EE-NV-0013)


CASE ADDITIONS
October 10, 2018
Hand v. Scott
Case Category: Election/Voting Rights
Trial Docket: 4:17-cv-00128-MW-CAS (N.D. Fla.)
VR-FL-0172
In 2017, disenfranchised ex-felons in Florida filed a claim in U.S. District Court for the Northern District of Florida. Plaintiffs alleged that Florida's felon re-enfranchisement scheme violated their First and Fourteenth Amendment rights. In 2018, the court found the Defendant's policy unconstitutional, enjoined them from continuing its implementation, and required the promulgation of a new policy complying with the ruling. Defendants appealed, and the 11th Circuit stayed the district courts injunctions pending resolution of appeal. Oral arguments were held later in 2018, and the case remains open.
View Case Detail (VR-FL-0172)


CASE ADDITIONS
October 10, 2018
Seth v. District of Columbia
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 1:18-cv-01034 (D.D.C.)
DR-DC-0006
In 2018, a D.C. resident with intellectual disabilities civilly committed to a federal prison in North Carolina sued D.C. and DDS for alleged violations of the Americans with Disabilities Act, the D.C Human Rights Act, and the Citizens with Intellectual Disabilities Act. The plaintiff claimed that after being found incompetent to stand trial, DDS should have begun civil commitment proceedings in the D.C. Superior Court. This would have allowed the plaintiff to receive treatment close to his family rather than being placed in the federal prison system. The defendants moved to dismiss the case in June 2018. In September 2018, the court granted the defendants’ motion to dismiss. The court held that the plaintiff had not proved he was being discriminated against based on his disability and that D.C. was not obligated to begin commitment proceedings in every case regarding the civil commitment of a D.C. resident.
View Case Detail (DR-DC-0006)


CASE ADDITIONS
October 9, 2018
Yorgensen v. Hollywood Ent Corp
Case Category: Equal Employment
Trial Docket: 4:04-cv-00613-BLW (D. Idaho)
EE-ID-0033
A deaf woman filed this lawsuit in the state court of Idaho, alleging that her former employer Hollywood Video discriminated against her on the basis of her disability. The case was removed to federal court and ultimately consolidated with an EEOC case in federal court.
View Case Detail (EE-ID-0033)


CASE ADDITIONS
October 8, 2018
Khoury v. Asher
Case Category: Immigration and/or the Border
Trial Docket: 2:13-cv-01367-RAJ (W.D. Wash.)
IM-WA-0021
In 2013, immigration detainees brought a lawsuit against DHS and DOJ claiming that the government was misapplying the immigration mandatory detention statute. They alleged that the government's practice violates the INA and their due process rights. Plaintiffs sought class certification and injunctive and declaratory relief. The court (Judge Richard A. Jones) denied injunctive relief but granted class certification and declaratory relief. The defendants appealed the decision to the 9th Circuit. The 9th Circuit affirmed the decision of the district court. The Supreme Court of the United States has granted certiorari to resolve the circuit split on the issue of whether the mandatory detention provision of 8 U.S.C. § 1226(c) applies only to immigrants detained promptly after their release from criminal custody.
View Case Detail (IM-WA-0021)


CASE ADDITIONS
October 8, 2018
City of Los Angeles v. Sessions III
Case Category: Immigration and/or the Border
Trial Docket: 2:18-cv-07347 (C.D. Cal.)
IM-CA-0131
In 2018, the city of Los Angeles filed this complaint in the U.S. District Court for the Central District of California. The plaintiff alleged that the Department of Justice was again unlawfully imposing immigration-related conditions on federal funding to the city in violation of the separation of powers, the spending clause, the Tenth Amendment, and the Administrative Procedure Act. The case is ongoing as of October 2018.
View Case Detail (IM-CA-0131)


CASE ADDITIONS
October 8, 2018
American Civil Liberties Union of Northern California v. Transportation Security Administration
Case Category: National Security
Trial Docket: 3:18-cv-01539-LB (N.D. Cal.)
NS-CA-0028
In March 2018, the American Civil Liberties Union of Northern California filed this lawsuit in the United States District Court for the District of Northern California. The plaintiff alleged that the Transportation Security Administration violated the Freedom of Information Act for wrongfully withholding its records. As of August 2018, the parties were working in good faith to resolve some of the claims and issues in this action. The case is ongoing.
View Case Detail (NS-CA-0028)


CASE ADDITIONS
October 7, 2018
North Carolina Environmental Justice Network v. Taylor
Case Category: Environmental Justice
Trial Docket: 4:12-cv-154 (E.D.N.C.)
EJ-NC-0001
This 2012 lawsuit was brought by the North Carolina Environmental Justice Network (NCEJN), the Neuse Riverkeeper Foundation, Inc., and the Waterkeeper Alliance, Inc. in the U.S. District Court for the Eastern District of North Carolina. The plaintiffs sued the Taylor Finishing Company under the CWA and the RCRA, alleging that the company had caused the release of hazardous pollutants into the Neuse River Basin. In June 2018, the parties entered into a private consent decree and the court approved it in August.
View Case Detail (EJ-NC-0001)


CASE ADDITIONS
October 7, 2018
Schilling v. TransCor America LLC
Case Category: Prison Conditions
Trial Docket: 3:08-cv-00941 (N.D. Cal.)
PC-CA-0051
In February 2008, a pretrial detainee filed this class action suit against a private prison transport company claiming the conditions under which detainees were transported were cruel and unusual; detainees were held, handcuffed and shackled, in cages too small to stand up or lie down in, denied adequate fluid, hygiene or medical care for as many as four days of travel. The company attempted to appeal the judge's definition of the class to the United States Supreme Court but certiorari was denied. The case was later settled between the company and the three named plaintiffs. As a result, other members of the class filed their own separate lawsuit with a related claim against the same company.
View Case Detail (PC-CA-0051)


CASE ADDITIONS
October 7, 2018
Buzzfeed Inc. v. U.S. Immigration and Customs Enforcement et. al.
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-01501-KBJ (D.D.C.)
IM-DC-0048
On June 26, 2018, Buzzfeed sued ICE in District Court for D.C. for its failure to respond to a FOIA request regarding the use and review of solitary confinement in ICE detention. ICE refused to produce documents over a year after the request was filed or provide an estimated document production date. On September 19, 2018, ICE proposed a production schedule that would run through May 2020. Judge Ketanji Brown Jackson ordered the agency to explain its FOIA-processing capacity and reason for delay in this case before deciding on the proposed schedule.
View Case Detail (IM-DC-0048)


CASE ADDITIONS
October 7, 2018
Ramos v. Nielsen
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-01554-EMC (N.D. Cal.)
IM-CA-0134
Summary/Abstract not yet on record
View Case Detail (IM-CA-0134)


CASE ADDITIONS
October 7, 2018
EEOC v. New York State Department of Correctional Services
Case Category: Equal Employment
Trial Docket: 1:07-cv-02587-SAS (S.D.N.Y.)
EE-NY-0288
Summary/Abstract not yet on record
View Case Detail (EE-NY-0288)


CASE ADDITIONS
October 7, 2018
MoonShadow v. Raemisch
Case Category: Prison Conditions
Trial Docket: 1:16-cv-01717 (D. Colo.)
PC-CO-0032
Summary/Abstract not yet on record
View Case Detail (PC-CO-0032)


CASE ADDITIONS
October 7, 2018
Thompson v. Baldwin
Case Category: Prison Conditions
Trial Docket: 3:18-cv-03230-SEM-TSH (C.D. Ill.)
PC-IL-0042
On September 13, 2018, the plaintiff filed a complaint in the United States District Court for the Central District of Illinois under 42 U.S.C. § 1983, alleging violations of the 1st and 14th Amendments of the United States Constitution. The plaintiff, an author of a Pulitzer-prize winning book about the Attica Prison uprising, wished for her book to be made available to prisoners who are under the authority of the Illinois Department of Correction [IDOC]. Her complaint alleged that the defendants, employees of IDOC, improperly censored her book by preventing it from being distributed in some of the prisons in the state. The complaint further alleged a violation of the plaintiff's free speech and due process rights, because there was no process available to challenge the censorship. The case is currently ongoing.
View Case Detail (PC-IL-0042)


CASE ADDITIONS
October 7, 2018
NAACP v. Merrill
Case Category: Criminal Justice (Other)
Trial Docket: 3:18-cv-01094 (D. Conn.)
CJ-CT-0001
In 2018, the NAACP, the Connecticut State Conference of the NAACP, and several private citizens of Hamden and New Haven filed this lawsuit in the U.S. District Court for the District of Connecticut. Plaintiffs alleged that the Defendants' 2011 Redistricting Plan, which is expected to be used in the 2018 and 2020 elections, violated the Fourteenth Amendment. The case is ongoing.
View Case Detail (CJ-CT-0001)


CASE ADDITIONS
October 7, 2018
Still v. El Paso County
Case Category: Criminal Justice (Other)
Trial Docket: 1:17-cv-02656 (D. Colo.)
CJ-CO-0004
In 2017, a former pretrial detainee in El Paso County, Colorado sued the county in the U.S. District Court of Colorado. Plaintiff alleged that the policy of detaining citizens granted a personal recognizance bond by a state court judge, solely for their inability to pay a $55 pretrial services fee to the county, violated their Fourteenth Amendment Rights to Equal Protection and Due Process. Shortly after the filing of the complaint, the chief judge of state courts in El Paso County, Colorado ended this practice. In 2018, the parties reached a settlement to compensate the Plaintiff and 183 other inmates who had been held according to the policy and for attorney fees. The cases concluded in August 2018.
View Case Detail (CJ-CO-0004)


CASE ADDITIONS
October 7, 2018
EEOC v. ALLSTATE INSURANCE COMPANY
Case Category: Equal Employment
Trial Docket: 4:04-CV1359MLM (E.D. Mo.)
EE-MO-0002
In 2004, the EEOC filed a complaint against Allstate Insurance Company in the Eastern District of Missouri. Plaintiffs allege that Allstate's rehire policy disproportionately and adversely impacted workers over the age of 40, in violation of the Age Discrimination in Employment Act. In 2009, the parties reached a settlement that required Allstate to conduct a disparate impact analysis on its rehire policies and in the event that there is a disparate impact on those 40 or older, required Allstate to coordinate with the EEOC before implementing the policy. The settlement also awarded monetary damages to adversely impacted claimants. The case is now closed.
View Case Detail (EE-MO-0002)


CASE STUDIES
October 6, 2018
"Case Studies in Emergency Election Litigation: The Presidential Advisory Commission on Election Integrity"
The Federal Judicial
Date: Sep. 25, 2018
By: Robert Timothy Reagan (Federal Judicial Center)
In mid-2017, President Trump created the Presidential Advisory
Commission on Election Integrity. The commission’s vice chair
asked all states to submit extensive voter registration data to the
commission. Following states’ reluctance to comply and lawsuits
challenging ...
View Case Study Detail  


CASE ADDITIONS
October 6, 2018
Citizens for Responsibility and Ethics in Washington (CREW) v. Trump
Case Category: Presidential Authority
Trial Docket: 1:17-cv-00458 (S.D.N.Y.)
PR-NY-0002
Summary/Abstract not yet on record
View Case Detail (PR-NY-0002)


CASE ADDITIONS
October 5, 2018
EEOC v. FIRST WIRELESS GROUP, INC.
Case Category: Equal Employment
Trial Docket: CV 03 4990 (E.D.N.Y.)
EE-NY-0055
Summary/Abstract not yet on record
View Case Detail (EE-NY-0055)


CASE ADDITIONS
October 5, 2018
Teneng v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 5:18-cv-01609 (C.D. Cal.)
IM-CA-0129
In 2018, immigrants and refugees detained at Victorville Medium Security Prison filed this class action complaint in the U.S. District Court for the Central District of California. Plaintiffs alleged that detaining asylum seekers violated their Fifth Amendment rights to due process, and the conditions of their confinement violated their First Amendment rights to free exercise of religion. This case is ongoing.
View Case Detail (IM-CA-0129)


CASE ADDITIONS
October 5, 2018
Common Cause v. Presidential Advisory Commission on Election Integrity
Case Category: Presidential Authority
Trial Docket: 1:17-cv-01398-CKK (D.D.C.)
PR-DC-0009
In 2017, Common Cause, a nonprofit dedicated to protecting voter's rights filed this complaint in the United States District Court for the District of Columbia. Plaintiffs alleged that creating the Presidential Advisory Commission on Election Integrity ("Commission") and its investigative methods violated the Privacy Act and the Administrative Procedure Act. In 2018, President Trump signed an order dissolving the Commission and the plaintiffs dismissed the case following confirmation that the Director of White House Information Technology destroyed the state voter data that had been collected prior to dissolution.
View Case Detail (PR-DC-0009)


CASE ADDITIONS
October 5, 2018
Andrews v. Rauner
Case Category: Prison Conditions
Trial Docket: 1:18-cv-01101-SEM-TSH (C.D. Ill.)
PC-IL-0043
Summary/Abstract not yet on record
View Case Detail (PC-IL-0043)


CASE ADDITIONS
October 5, 2018
American Civil Liberties Union v. Department of Justice
Case Category: National Security
Trial Docket: 1:02-cv-02077-ESH (D.D.C.)
NS-DC-0092
On October 24, 2002, the American Civil Liberties Union and four other nonprofit organization plaintiff filed a lawsuit against the Department of Justice under the Freedom of Information Act (FOIA), alleging that the DOJ witheld records related the government's implementation of the USA Patriot Act. The plaintiffs sought a preliminary injunction for the release of the requested documents, and the plaintiffs and defendant agreed that the defendant would finish processing the requested documents by January 15, 2003. After several extensions, the DOJ released the documents on March 3, 2003. The plaintiffs alleged that the DOJ improperly withheld information within the documents under FOIA exemptions 1 and 5, which authorize the withholding of records in the interest of national defense and those that would not be available by law to a party in litigation, respectively. Both parties motioned for summary judgement. On May 19, 2003, Judge Huvelle denied the plaintiff's motion for summary judgement and granted the defendant's motion, holding that the witholdings were proper.
View Case Detail (NS-DC-0092)


CASE ADDITIONS
October 5, 2018
Hill v. Merrill Gardens LLC
Case Category: Equal Employment
Trial Docket: 1:04-cv-00248 (N.D. Ind.)
EE-IN-0129
In 2004, two African-American job applicants filed this class action lawsuit in the U.S. District Court for the Northern District of Indiana. Plaintiffs alleged that Merrill Gardens LLC, a private employer, discriminated against them on the basis of race. The EEOC filed a similar lawsuit against the employer. All parties agreed to work together to negotiate the terms of the settlement. In 2005, the case settled with the defendant paying $750,000.
View Case Detail (EE-IN-0129)


CASE ADDITIONS
October 5, 2018
Doe v. Hommrich
Case Category: Juvenile Institution
Trial Docket: 3:16-cv-00799 (M.D. Tenn.)
JI-TN-0006
In 2016, a minor detainee at Rutherford County Juvenile Detention Center filed this class action complaint in the U.S. District Court for the Middle District of Tennessee. The plaintiff alleged that the practice of placing minors in solitary confinement as punishment violated their Eighth and Fourteenth Amendment Rights. In 2017, the plaintiff was granted a preliminary injunction and the parties began the settlement process. The case is ongoing and a joint mediation report is scheduled to be filed in January 2019.
View Case Detail (JI-TN-0006)


CASE ADDITIONS
October 5, 2018
U.S. v. Texas (DOJ CRIPA lawsuit involving many State Schools)
Case Category: Intellectual Disability (Facility)
Trial Docket: 1:09-cv-00490-SS (W.D. Tex.)
ID-TX-0002
Summary/Abstract not yet on record
View Case Detail (ID-TX-0002)


CASE ADDITIONS
October 4, 2018
M.M.M. v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-01832-DMS-MDD (S.D. Cal.)
IM-CA-0130
Summary/Abstract not yet on record
View Case Detail (IM-CA-0130)


CASE ADDITIONS
October 4, 2018
Huff v. CoreCivic
Case Category: Prison Conditions
Trial Docket: 2:17-cv-2320 (D. Kan.)
PC-KS-0007
The plaintiffs, who had been detained at a private detention facility filed this lawsuit alleging that the company that operated the detention facility and the company that provided phone and video conference services had violated Kansas, Missouri, and Federal wiretapping statutes. Specifically, plaintiffs claimed that the defendants had recorded confidential phone calls and meetings between detainees and their attorneys.
View Case Detail (PC-KS-0007)


CASE ADDITIONS
October 4, 2018
Michigan State A. Philip Randolph Institute et. al. v. Johnson
Case Category: Election/Voting Rights
Trial Docket: 2:16-cv-11844-GAD-MKM (E.D. Mich.)
VR-MI-0073
On May 24, 2016, the Michigan State A. Philip Randolph Institute and three Michigan voters filed this lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the Michigan Secretary of State under 42 U.S.C. § 1983, Section 2 of the Voting Rights Act of 1965, and Title II of the Americans with Disabilities Act. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief to prevent enforcement of Michigan’s 2015 Public Act 268, which eliminated straight party voting. The plaintiffs claimed that PA 268 violated the Equal Protection Clause of the Fourteenth Amendment to the Constitution, Section 2 of the VRA, and the ADA. Specifically, they claimed that by abolishing straight party voting, PA 268 unreasonably burdened the right to vote of all Michigan citizens, unreasonably and disproportionately burdened the right to vote of African American citizens, and denied and abridged the right to vote of African Americans because of their race.
View Case Detail (VR-MI-0073)


CASE ADDITIONS
October 4, 2018
American Civil Liberties Union of Northern California v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-04105-LB (N.D. Cal.)
IM-CA-0127
On July 10, 2018, the ACLU of Northern California filed this FOIA suit against U.S. Immigrations and Customs Enforcement. The plaintiff sought records pursuant to a FOIA request about the defendant's use of a contractor to process and transport immigration detainees, some of whom had allegedly suffered injury and death due to the contractor's malfeasance. The plaintiff sought an order from the court that the defendant provide the records. The case is ongoing.
View Case Detail (IM-CA-0127)


CASE ADDITIONS
October 4, 2018
Western Watersheds Project v. U.S. Fish and Wildlife Serv.
Case Category: Environmental Justice
Trial Docket: 4:06-cv-00277 (D. Idaho)
EJ-ID-0001
In 2006, an environmental non-profit filed this action seeking reversal of the U.S. Fish and Wildlife Service's determination not to list the Greater Sage Grouse under the Endangered Species Act. The court found that the defendant's decision not to list the species had been tainted by political considerations and inattention to scientific analysis. The defendant was ordered to conduct a new review of the Sage Grouse's status, the result of which was a new determination in 2010 that listing the Sage Grouse under the ESA was warranted. However, the defendant claimed it could not actually add the species to the endangered species list, due to a bureaucratic backlog and lack of resources. The plaintiff's request to file a supplemental brief was denied by the court, and the case closed.
View Case Detail (EJ-ID-0001)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
October 3, 2018
Banished
The Marshall Project; Longreads
Date: 10/3/2018
By: Beth Schwartzapfel and Emily Kassie (The Marshall Project; Longreads)
A long-form article covering the impact of Miami-Dade County's restrictive housing laws on registered sex offenders.*
View Link Detail  


CASE ADDITIONS
October 3, 2018
Porter v. Intl Profit Assc Inc
Case Category: Equal Employment
Trial Docket: 1:02-cv-02790 (N.D. Ill.)
EE-IL-0307
The plaintiff, a female employee of International Profit Associates filed this lawsuit under Title VII of the Civil Rights Act of 1964. They plaintiff claimed that throughout her employment at IPA she was repeatedly sexually harassed and sexually discriminated against, and that this discrimination and harassment led her to experience severe emotional distress. On September 26, 2002 the plaintiff filed a notice for a voluntarily dismissal of her individual case and sought leave to intervene in Case No. 01 C4427. The court granted the Plaintiff’s Motion to intervene and the case was closed.
View Case Detail (EE-IL-0307)


CASE ADDITIONS
October 3, 2018
Rios-Diaz v. Butler
Case Category: Immigration and/or the Border
Trial Docket: 2:13-cv-00077-SEH-CSO (D. Mont.)
IM-MT-0001
A group of Latino men sued the Montana Highway Patrol after a series of traffic stops during which they alleged they were discriminated against and detained for prolonged periods of time while their immigration status was checked, which is not under the jurisdiction of the Montana High Patrol.
View Case Detail (IM-MT-0001)


CASE ADDITIONS
October 2, 2018
Ms. J.P. v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: 2:18-cv-06081 (C.D. Cal.)
IM-CA-0126
On July 12, 2018, three mothers who came to the United States seeking asylum and who, upon detention, were each separated from their minor daughters filed this class action lawsuit in the U.S. District Court for the Central District of California. Plaintiffs sought an injunction requiring the Attorney General of the United States and other federal agencies and agency heads to provide mental-health screenings and appropriate trauma-informed remedial medical and mental-health services to those parents and children who were separated as a result of the government’s immigrant family separation policy.
View Case Detail (IM-CA-0126)


CASE ADDITIONS
October 2, 2018
H.C. v. Bradshaw
Case Category: Jail Conditions
Trial Docket: 9:18-cv-80810 (S.D. Fla.)
JC-FL-0023
Plaintiffs, incarcerated children who are either currently in solitary confinement or have experienced solitary confinement in Palm Beach County Jail in the past, filed a complaint as named individuals and as a putative class action against the County School District, School Board, and Sheriff's Office, as well as related officials in their individual capacities, in the United States District Court for the Southern District of Florida (West Palm Beach) on June 21, 2018. The claim was filed under the Individuals with Disabilities Education Act ("IDEA"), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act ("ADA"). Plaintiffs are alleging violations of the 8th and 14th Amendments of the United States Constitution, and are seeking declaratory and injunctive relief. In their complaint, the plaintiffs challenge Palm Beach County's use of solitary confinement against minors, the conditions of the solitary confinement, and the lack of educational opportunities available to children in solitary confinement. This case is currently ongoing.
View Case Detail (JC-FL-0023)


CASE ADDITIONS
October 1, 2018
American Immigration Council v. U.S. Immigration and Customs Enforcement
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-01614-ABJ (D.D.C.)
IM-DC-0052
Summary/Abstract not yet on record
View Case Detail (IM-DC-0052)


CASE ADDITIONS
September 30, 2018
American Immigration Council v. U.S. Immigration and Customs Enforcement
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-01531 (D.D.C.)
IM-DC-0049
On June 27, 2018, the American Immigration Council filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the U.S. Immigration & Customs Enforcement (“ICE”), the U.S. Customs & Border Protection (“CBP”), and the U.S. Department of Homeland Security (“DHS”) under 5 U.S.C. § 552, the Freedom of Information Act (“FOIA”). The plaintiff seeking injunctive relief, sought to compel the disclosure of records regarding the separation of families who arrive at the U.S.-Mexico border. This case is ongoing.
View Case Detail (IM-DC-0049)


CASE ADDITIONS
September 30, 2018
Videckis v. Pepperdine University
Case Category: Education
Trial Docket: 2:15-cv-00298-DDP (JCx) (C.D. Cal.)
ED-CA-0024
Summary/Abstract not yet on record
View Case Detail (ED-CA-0024)


CASE ADDITIONS
September 30, 2018
American Civil Liberties Union v. Department of Justice
Case Category: National Security
Trial Docket: 1:03-cv-02522-ESH (D.D.C.)
NS-DC-0095
In 2003, the ACLU and several other nonprofits that advocate for privacy and free speech filed this FOIA lawsuit against the DOJ in the U.S. District Court for the District of Columbia. Plaintiffs sought disclosure of DOJ and FBI records related to the DOJ's implementation of Section 215 of the USA PATRIOT Act. In 2014, the court held that the government had properly withheld the Section 215 List, but found that plaintiffs were entitled to expedited processing of the remaining documents related to Section 215. Following the opinion, the parties reached a settlement, under which the government disclosed the requested documents and the plaintiffs agreed to drop the lawsuit.
View Case Detail (NS-DC-0095)


CASE ADDITIONS
September 29, 2018
Muslim Advocates v. U.S. Department of Justice
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-01967-RC (D.D.C.)
IM-DC-0055
On August 23, 2018, Muslim Advocates filed a complaint in the United States District Court for the District of Columbia against the United States Department of Justice [DOJ] and United States Immigration and Customs Enforcement [ICE]. The complaint alleged violations of the Freedom of Information Act [FOIA], 5 U.S.C. § 552(a). Muslim Advocates had requested information from both defendants regarding Operation Janus, where DOJ, in conjunction with information agencies, reviewed the files of naturalized citizens and began intensive denaturalization efforts. The plaintiff is seeking declaratory and injunctive relief. The case is currently ongoing.
View Case Detail (IM-DC-0055)


CASE ADDITIONS
September 29, 2018
Martos v. Miami-Dade County Department of Corrections and Rehabilitation
Case Category: Prison Conditions
Trial Docket: 1:16-cv-21501-JEM (S.D. Fla.)
PC-FL-0023
Summary/Abstract not yet on record
View Case Detail (PC-FL-0023)


CASE ADDITIONS
September 28, 2018
EEOC v. Bell Gas, Inc. (AWC Propane)
Case Category: Equal Employment
Trial Docket: CIV 02 1212 LCS/KBM (D.N.M.)
EE-NM-0013
In 2002, the EEOC filed suit on behalf of an employee of ABC Propane against ABC Propane, Bell Gas, and Cortez Gas Company for firing the employee in retaliation. Plaintiff alleged after ABC found out that the employee had filed a discrimination claim against parent company Bell Gas, ABC fired her. In 2004, the parties reached a settlement that resulted in monetary damages for the employee and instituted an annual, two year training program on sexual assault and retaliation for all defendant companies.
View Case Detail (EE-NM-0013)


CASE ADDITIONS
September 28, 2018
Sigma-Beta-XI v. Riverside
Case Category: Criminal Justice (Other)
Trial Docket: 5:18-cv-01399 (C.D. Cal.)
CJ-CA-0021
A non-profit and children enrolled in the Youth Accountability Team (YAT) program filed this class action on July 1, 2018 against County of Riverside for implementing practices in the YAT program that violated participants' constitutional rights. The court granted class certification in September 2018 and the case remains ongoing.
View Case Detail (CJ-CA-0021)


CASE ADDITIONS
September 28, 2018
U.S. v. City of New York (Kings County Hospital)
Case Category: Mental Health (Facility)
Trial Docket: CV10-0060 (E.D.N.Y.)
MH-NY-0009
In 2007, the DOJ opened an investigation of Kings County Hospital Center’s mental health facilities. After an on-site review, the DOJ issued a findings letter in 2008 concluding that the facilities were deficient in several areas including protection from harm, mental health care, medical care, quality assurance, and safety. The State of New York, the New York City Health and Hospitals Corporation, and KCHC worked with the DOJ to come up with an agreement to address the issues at KCHC. The DOJ filed a complaint in 2010 and a consent judgment was filed the following day with the terms of the agreement. KCHC was monitored by compliance experts twice a year until 2016. In 2017, the compliance team alerted the court that KCHC had been in compliance for one year, and requested that the case be closed. The case was subsequently closed.
View Case Detail (MH-NY-0009)


CASE ADDITIONS
September 26, 2018
League of United Latin American Citizens (LULAC) of Arizona v. Michele Reagan
Case Category: Election/Voting Rights
Trial Docket: 2:17-cv-04102-DGC (D. Ariz.)
VR-AZ-0053
In November 2017, the League of United Latin American Citizens of Arizona (LULAC-Arizona) and the Arizona Students’ Association (ASA) filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs claimed that there was undue burden on the Right to Vote and Equal Protection under the First and Fourteenth Amendments. In June 2018, the parties reached an agreement that made it less difficult for voters to register. The case closed in June 2018.
View Case Detail (VR-AZ-0053)


CASE ADDITIONS
September 25, 2018
Sharr v. NCS Pearson, Inc.
Case Category: Equal Employment
Trial Docket: 3:02-cv-01513 (D. Or.)
EE-OR-0026
Former screeners of Portland International Airport, who were not retained as employees when airport screeners became federal employees, filed suit individually and as a putative class against NCS Pearson, Inc. and against the government in the United States District Court for the District of Oregon on November 2, 2002. Plaintiffs alleged discrimination in the hiring process, and sought monetary relief, claiming violations of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act. The government was dismissed from the action, and after a jury trial, the jury awarded twenty-two (of fifty-plus) plaintiffs damages based on the defendant’s interference in their prospective employment.
View Case Detail (EE-OR-0026)


CASE ADDITIONS
September 25, 2018
Bellant v. Snyder
Case Category: Election/Voting Rights
Trial Docket: 17-cv-13887 (E.D. Mich.)
VR-MI-0072
Plaintiffs, who are citizens of the United States and residents of the state of Michigan, filed a complaint in the United States District Court for the Eastern District of Michigan on December 1, 2017. The plaintiffs sued a number of state officials, including the governor of Michigan, under 42 U.S.C. §1983. They are seeking declaratory relief holding that Public Act 436 is a violation of the Equal Protection Clause of the 14th Amendment. Public Act 436 gives the state legislature power to appoint Emergency Managers, who have powers that were previously reserved for locally elected officials, to local municipalities once a financial emergency has been declared. Plaintiffs allege that PA 436 takes voting power away from local communities and that this provision invidiously discriminates against predominantly African-American communities.
View Case Detail (VR-MI-0072)


CASE ADDITIONS
September 24, 2018
Wilwal v. Kelly
Case Category: National Security
Trial Docket: 0:17-cv-02835 (D. Minn.)
NS-MN-0001
An individual on a terrorist watchlist was stopped by Border Patrol when re-entering the country. He and his family were detained for over ten hours. In March 2018, defendants argued their motion to dismiss. The court issued a minute entry for proceedings stating that an order was forthcoming. That order has not yet been issued.
View Case Detail (NS-MN-0001)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 23, 2018
Selma and the Liuzzo Murder Trials: The First Modern Civil Rights Convictions
Date: 2018
By: Jim Turner
This is the on-line annex to a book by Jim Turner, with case documents.

In 1965 the drive for black voting rights in the south culminated in the epic Selma to Montgomery Freedom March. After brutal state police beatings stunned the nation on "Bloody Sunday," troops under federal court ...
View Link Detail  


CASE ADDITIONS
September 23, 2018
The National Federation of the Blind v. U.S. Department of Education
Case Category: Education
Trial Docket: 1:18-cv-01568-TDC (D. Md.)
ED-MD-0002
On May 31, 2018, The National Federation of the Blind filed this lawsuit in the U.C. District Court for the District of Maryland (Northern Division). The plaintiff sued the U.S. Department of Education and the Secretary of Education along with the Acting Assistant Secretary, claiming that the changes to the 2018 OCR Manual violated the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq., and was contrary to the mission of the OCR. These changes in § 108(t) of the 2018 OCR Manual require mandatory dismissal of complaints if the claim is either part of "a pattern" of complaints against multiple recipients, or places an unreasonable burden on OCR's resources. These changes also eliminate the appeal rights of complainants.
View Case Detail (ED-MD-0002)


CASE ADDITIONS
September 23, 2018
Ajaj v. Federal Bureau of Prisons
Case Category: Prison Conditions
Trial Docket: 1:15-cv-00992-RBJ-KLM (D. Colo.)
PC-CO-0031
A Muslim prisoner brought this case alleging violations of his rights under the RFRA and the First and Fifth Amendment to the United States Constitution. He alleged that the prison had violated his rights by forcing him to take medication between 6am and 6pm during Ramadan, denying him access to group prayer, denying him Halal meals. The case ended with an order granting many, but not all, of the plaintiff's requested relief.
View Case Detail (PC-CO-0031)


CASE ADDITIONS
September 18, 2018
Cockrum v. Donald J. Trump for President
Case Category: Presidential Authority
Trial Docket: 1:17-cv-01370 (D.D.C.)
PR-DC-0008
On July 12, 2017, three individuals sued Donald J. Trump for President, Inc. and a senior adviser to the Trump campaign team alleging damages stemming from having their private information stolen by Russians who hacked the Democratic National Committee’s electronic database during the 2016 Presidential election cycle. On September 26, 2017, the plaintiffs filed an amended complaint adding additional factual allegations, and on October 25, 2017, the defendants filed motions to dismiss. These motions are still pending.
View Case Detail (PR-DC-0008)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
September 5, 2018
International Profit Associates to Pay $8 Million for Sexual Harassment of Eighty-Two Women
EEOC
Date: Mar. 28, 2011
By: EEOC
https://www.eeoc.gov/eeoc/newsroom/release/3-28-11a.cfm
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 30, 2018
HAMAMA V. ADDUCCI
Date: Aug. 30, 2018
By: ACLU
The ACLU sued Immigration and Customs Enforcement in June 2017 after ICE agents arrested more than 100 Iraqis — including many who’ve been in the U.S. for decades — in raids throughout metropolitan Detroit.*
View Link Detail  


CASE ADDITIONS
August 30, 2018
CRIPA Investigation of Clyde L. Choate Developmental Center (2009)
Case Category: Intellectual Disability (Facility)
Trial Docket: (No Court)
ID-IL-0005
In 2007, the U.S. Department of Justice informed the Governor of Illinois that it was going to investigate the conditions of the Clyde L. Choate Development Center pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. After two on-site reviews, the DOJ found that Choate provided inadequate services to its residents. In 2013, the DOJ closed their investigation of Choate after Illinois expanded its community-based services. There was no litigation or settlement between the parties.
View Case Detail (ID-IL-0005)


CASE ADDITIONS
August 29, 2018
DOJ CRIPA Investigation of the Northwest Habilitation Center, St. Louis, Missouri
Case Category: Intellectual Disability (Facility)
Trial Docket: (No Court)
ID-MO-0004
In 2007, the DOJ opened an investigation of the Northwest Habilitation Center in response to two residents' deaths at the facility that occurred as a result of staff neglect. After an on-site review, the DOJ issued a findings letter in 2008 concluding that staff failed to implement proper intervention strategies that would prevent resident abuse and self-harm. The report suggested the facility develop and implement new policies and skills training for staff. However, the facility closed in 2012 while under monitoring and residents were transferred to other facilities. The investigation subsequently closed that year.
View Case Detail (ID-MO-0004)


CASE ADDITIONS
August 29, 2018
New York Immigration Coalition v. U.S. Department of Commerce
Case Category: Public Benefits / Government Services
Trial Docket: 1:18-cv-05025 (S.D.N.Y.)
PB-NY-0033
In March 2018, the Secretary of Commerce ordered that the 2020 Census include a question about citizenship of all U.S. residents. The following June, a group of six advocacy and policy organizations filed a complaint against the Department of Commerce and Bureau of Census alleging that the question intentionally discriminated immigrant communities of color. The plaintiffs posited that the Trump Administration sought to deter participation in the Census and affect federal funding. This case was informally coordinated with States v. U.S. Department of Commerce and the action's equal protection and APA claims survived a motion to dismiss.
View Case Detail (PB-NY-0033)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 20, 2018
Furlow v. Belmar
Center for Constitutional Rights
Date: Feb. 28, 2018
(Center for Constitutional Rights)
Case page on Furlow v. Belmar from the Center for Constitutional Rights.*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 13, 2018
Datz v. Suffolk County (Defending First Amendment Right to Film Police Activity in Public in Suffolk County)
NYCLU Cases
Date: Jul. 1, 2014
(NYCLU)
New York Civil Liberties Union case page, including video the plaintiff took of the police activity*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 9, 2018
Gerber and Berlin v. Cooper - Freedom to Marry in North Carolina
ACLU Cases
Date: Jun. 2, 2014
(ACLU)
The ACLU's page for the case.*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 8, 2018
Flint Water Crisis: Settlement to Launch Groundbreaking Program to Assess Impacts on Flint Children
ACLU of Michigan
Date: Apr. 9, 2018
By: ACLU of Michigan
Attorneys for Flint schoolchildren have reached a historic agreement with the Michigan Department of Education (MDE), Genesee Intermediate School District (GISD) and Flint Community Schools (FCS) to establish an unprecedented program to provide universal screening, and in-depth assessments when ...
View Link Detail  


CASE ADDITIONS
August 8, 2018
Northcutt v. South Carolina Department of Corrections
Case Category: Prison Conditions
Trial Docket: 4:17-cv-03301-BHH-TER (D.S.C.)
PC-SC-0009
On December 7, 2017, eighteen death row prisoners in the South Carolina Department of Corrections (SCDC) alleged they have been kept in solitary confinement for between nine and twenty years. Plaintiffs sued SCDC, its Director, and Wardens of prisons within the SCDC under 42 U.S.C. § 1983, alleging violations of their Eighth and Fourteenth Amendments rights by being denied any meaningful opportunity to challenge their conditions of confinement. The prisoners alleged that they were placed in solitary confinement regardless of behavioral history or individual status. On December 22, 2017, the plaintiffs moved for a preliminary injunction, but on June 26, 2018, Magistrate Judge Rogers issued a Report and Recommendation that the plaintiffs request for a preliminary injunction be denied. The case is ongoing.
View Case Detail (PC-SC-0009)


CASE ADDITIONS
August 8, 2018
Equal Rights Advocates v. United States Department of Education
Case Category: Education
Trial Docket: 3:18-cv-00535 (N.D. Cal.)
ED-CA-0027
In January 2018, SurvJustice, Equal Rights Advocates, and Victim Rights Law Center filed this lawsuit in the United States District Court for the Northern District of California. The plaintiff sued the U.S. Department of Education, alleging that the 2017 Title IX guidance created educational access disparities on the basis of sex and hampered the plaintiffs’ ability to do their jobs. The case is ongoing.
View Case Detail (ED-CA-0027)


CASE ADDITIONS
August 7, 2018
U.S. v. State of California
Case Category: Immigration and/or the Border
Trial Docket: 2:18-cv-00490 (E.D. Cal.)
IM-CA-0116
The United States federal government filed this suit on March 6, 2018, challenging California's "sanctuary city" state laws. This lawsuit comes after a series of lawsuits filed by California jurisdictions challenging the federal government's sanctuary city policies, which deny federal funding to jurisdictions that impede the federal government's immigration policies. The U.S. argued that the three laws "reflect a deliberate effort by California to obstruct the United States’ enforcement of federal immigration law," that the federal law preempted the state laws, and that the federal government had "preeminent authority" regarding immigration. The U.S. argued that California therefore violated the Supremacy Clause, and that the Supremacy Clause rendered the state laws invalid. The U.S. sought declaratory and injunctive relief.
View Case Detail (IM-CA-0116)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 6, 2018
Ligon v. City of New York (Challenging the NYPD's Aggressive Patrolling of Private Apartment Buildings)
New York Civil Liberties Union
Date: Jul. 1, 2017
By: New York Civil Liberties Union
This class-action lawsuit challenges Operation Clean Halls, a part of the NYPD's stop-and-frisk program that allows police officers to patrol thousands of private apartment buildings across New York City.*
View Link Detail  


CASE ADDITIONS
August 5, 2018
United States v. Strickland
Case Category: Juvenile Institution
Trial Docket: 2:08-cv-00475-ALM-MRA (S.D. Ohio)
JI-OH-0006
The Attorney General filed suit against the state of Ohio, its governor, the director of youth services, and the superintendents of its juvenile correctional facilities pursuant to 42 U.S.C. § 14141 for an alleged pattern or practice of violating the rights of juvenile detainees under the 14th Amendment, the Individuals with Disabilities Education Act (IDEA), and the Rehabilitation Act of 1973. The United States alleged that Ohio failed to protect the youth at its facilities from harm and undue risk of harm, failed to meet their medical and mental health needs, and failed to provide adequate special education services. The suit was filed as a result of Department of Justice (DOJ) investigations into the conditions of confinement at the Scioto and Marion centers that began in 2005. The Marion facility closed soon after the first injunction in this case. Ohio achieved substantial compliance in 2015, and the consent decree was terminated on December 3, 2015.
View Case Detail (JI-OH-0006)


CASE ADDITIONS
August 5, 2018
Alexander v. Yale
Case Category: Education
Trial Docket: Civ. No. N-77-277 (D. Conn.)
ED-CT-0002
This case was the first sexual harassment case brought under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., which bans sex discrimination in education by institutions that receive federal funding. It further established that sexual harassment of female students could be considered sex discrimination, and was thus illegal.
View Case Detail (ED-CT-0002)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 4, 2018
Landmark Settlement in Challenge to NYPD Surveillance of New York Muslims: What You Need to Know
ACLU
Date: Jan. 7, 2016
By: Hina Shamsi (ACLU National Security Project)
Article by director of ACLU's National Security Project describing 2016 joint settlement in Handschu v. Special Services Division and Raza v. City of New York.*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 4, 2018
Handschu v. Special Services Division (Challenging NYPD Surveillance Practices Targeting Political Groups)
NYCLU
Date: 2008
(ACLU)
Case overview of Handschu v. Special Services Division from New York Civil Liberties Union.*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 3, 2018
Floyd, et al. v. City of New York, et al.
Center for Constitutional Rights - Active Cases
Date: Jul. 20, 2018
(Center for Constitutional Rights)
The Center for Constitutional Rights, which filed the class action lawsuit in Floyd v. City of New York, has a summary and timeline of the case featured in its "Active Cases."*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
August 3, 2018
Case Study: Floyd v. City of New York
Catalysts for Collaboration
Date: Jan. 1, 2015
(Catalysts for Collaboration)
Floyd, et al. v. City of New York, et al., was a landmark federal class action lawsuit that addressed the controversial stop-and-frisk policies of the New York Police Department. The case was the result of significant collaboration of multiple advocacy, legal, and community groups that challenged ...
View Link Detail  


CASE ADDITIONS
August 3, 2018
States v. U.S. Department of Commerce
Case Category: Public Benefits / Government Services
Trial Docket: 1:18-cv-02921-JMF (S.D.N.Y.)
PB-NY-0032
An alliance of states, counties, and municipalities brought this lawsuit in the U.S. District Court for the Southern District of New York to stop the Trump Administration from including a question on citizenship status on the 2020 U.S. Census. They alleged that the the inclusion of such a question would deter undocumented immigrants from participating in the U.S. Census, thereby artificially keeping census counts lower than the actual population number and jeopardizing a number of public benefits: federal funding for social services and infrastructure, numerically adequate representation in the House of Representatives, and public and private resources for immigrants. They asserted that the insertion of the question would violate both the Enumeration Clause of the U.S. Constitution, which mandates that Congress conduct an "actual enumeration" of "the whole number of persons," and the Administrative Procedure Act. A group of NGOs filed a similar lawsuit in in the same court June 2018, adding the claim that the the Department of Commerce's proposed inclusion of the citizenship question also violated Fifth Amendment equal protection; it was partially consolidated into this case. In July 2018, Judge Jesse M. Furman allowed the case to proceed with respect to the APA claim and the NGO plaintiffs' equal protection claim, while dismissing the Enumeration Clause claim. As of August 2018, the case is still ongoing.
View Case Detail (PB-NY-0032)


CASE ADDITIONS
August 3, 2018
Arizona Attorneys for Criminal Justice v. Ducey
Case Category: Speech and Religious Freedom
Trial Docket: 2:17-cv-01422-SPL (D. Ariz.)
FA-AZ-0001
A group of criminal defense lawyers challenged the constitutionality of an Arizona law that bars counsel for criminal defendants from contacting crime victims or their relatives without having the prosecutor's office serve as an intermediary. They brought their lawsuit in May 2017 in the U.S. District Court for the District of Arizona. They alleged that the "victim's rights" law was unconstitutionally overbroad and constituted an impersmissible prior restraint of free speech in violation of the First Amendment. In March 2018, the court granted a motion to dismiss, but gave the plaintiffs leave to re-plead. The plaintiffs filed an amended complaint in May 2018. As of August 2018, the case is still ongoing.
View Case Detail (FA-AZ-0001)


CASE ADDITIONS
July 31, 2018
United States v. Cooney
Case Category: Policing
Trial Docket: Crim. A. No. 16837 (D. Colo.)
PN-CO-0001
In February 1962, the government indicted five defendants for violations of 18 U.S.C. § 242. The government alleged that the defendants, while acting under the color of state law, willfully entered and searched a citizen's home without her consent, a search warrant, or arrest warrant. The defendants sought dismissal of the charges by arguing that their behavior was not a violation of a person's Fourteenth Amendment rights at the time of their acts. The judge denied their motion to dismiss.
View Case Detail (PN-CO-0001)


CASE ADDITIONS
July 31, 2018
Roberts v. Sinclair
Case Category: Prison Conditions
Trial Docket: 2:18-cv-00837-RSM-BAT (W.D. Wash.)
PC-WA-0027
In June 2018, a group of Muslim prisoners at the Monroe Correctional Complex who were fasting during Ramadan filed this lawsuit against the Washington State Department of Corrections (DOC) in the U.S. District Court for the Western District of Washington. They alleged that prison staff subjected them to a "starvation policy" by refusing to provide them with meals outside of the hours in which they were fasting, in violation of the First, Eighth, and Fourteenth Amendments, as well as the Religious Land Use and Institutionalized Persons Act (RLUIPA). The same day they filed their complaint, the plaintiffs obtained a temporary restraining order ordering the prison to provide them with legally adequate meals meeting their religious needs through the end of Ramadan. The DOC denied all of the pertinent allegations in its answer filed in July 2018. The case is still ongoing.
View Case Detail (PC-WA-0027)


CASE ADDITIONS
July 30, 2018
Dowl v. Williams
Case Category: Prison Conditions
Trial Docket: 3:18-cv-00119-HRH (D. Alaska)
PC-AK-0002
Two practicing Muslim prisoners at the Anchorage Correctional Complex filed this lawsuit in the U.S. District Court for the District of Alaska in May 2018. They alleged that the prison instituted a "Ramadan Policy" during the Ramadan seasons of 2017 and 2018 that provided them with meals that were less in number and nutritional content than that which was legally required, and in some cases included pork, which their faith forbids them from eating. Plaintiffs alleged that this "Ramadan Policy" violated their rights under the First Amendment Free Exercise Clause, the Fourteenth Amendment Equal Protection Clause, the Eighth Amendment's ban on cruel and unusual punishment, and the Religious Land Use and Institutionalized Persons Act. On May 23, 2018, they obtained a temporary restraining order compelling the Alaska Department of Corrections (DOC) to provide them with legally adequate meals that met their religious needs through the end of Ramadan that year. In June 2018, the court approved the parties joint discovery plan, which anticipates discovery being completed by May 30, 2019. As of July 31, 2018, the case is still ongoing.
View Case Detail (PC-AK-0002)


CASE ADDITIONS
July 26, 2018
Bandy v. Jury Commission of Lee County
Case Category: Criminal Justice (Other)
Trial Docket: Civ Action No 720-E (M.D. Ala.)
CJ-AL-0012
A black criminal defendant brought this civil action in the Middle District of Alabama in 1966, alleging that the Lee County jury commission and district attorney systemically excluded members of his race from juries. He sought declaratory and injunctive relief, and a temporary restraining order was denied the day after he filed the complaint.
View Case Detail (CJ-AL-0012)


CASE ADDITIONS
July 24, 2018
Elhady v. Piehota
Case Category: National Security
Trial Docket: 1:16-cv-00375-AJT-JFA (E.D. Va.)
NS-VA-0008
This case marks the first time the Trump Administration has invoked the state secrets privilege in a challenge to the Terrorism Screening Database (TSDB or “the watch list”). The plaintiffs, a group of Muslim-American U.S. citizens who believed that they were on the watchlist, filed their lawsuit in April 2016 in the U.S. District Court for the Eastern District of Virginia. They said that the watchlist subjected them to invasive travel screening and reputational harm, and lacked a constitutionally adequate mechanism for having their names removed. The plaintiffs alleged that this violated their Fifth Amendment due process and equal protection rights, the Administrative Procedure Act, and the nondelegation doctrine. In 2017, Judge Anthony J. Trenga dismissed the plaintiffs' substantive due process, equal protection, and non-delegation claims, while allowing their procedural due process and APA claims to proceed to discovery. In April 2018, the government formally invoked the state secrets privilege in response to a motion to compel filed by the plaintiffs the month prior, asserting that they were seeking documents that touched on information shared by foreign governments and other sensitive national security information. After oral arguments in May 2018, Magistrate Judge John F. Anderson ordered the government to produce the documents requested by the plaintiffs, redacted of any classified or privileged information, and also ordered the government to produce the same documents for the court's in camera ex parte inspection. The case is still ongoing.
View Case Detail (NS-VA-0008)


CASE ADDITIONS
July 24, 2018
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
Iraqis and Afghans who worked for the U.S. government in their home countries who applied for special immigrant visas (SIVs) to the U.S. filed this lawsuit against the Departments of State and Homeland Security in 2018 when they experienced long delays in the processing of their applications. The plaintiffs alleged that both agencies were violating a 2013 congressional mandate that SIV applications must be processed fully within nine months. This class action follows earlier lawsuits filed in 2015 featuring individual plaintiffs who made substantially similar factual and legal allegations and won settlements from the government. As of July 2018, the case is still ongoing.
View Case Detail (IM-DC-0051)


CASE ADDITIONS
July 24, 2018
S.A. v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-03539-LB (N.D. Cal.)
IM-CA-0125
Applicants and beneficiaries of the Central American Minors (CAM) program filed this class action challenge in June 2018 to the Trump Administration's termination of the program in the U.S. District Court for the the Northern District of California. Plaintiffs alleged that the termination of the program and the revocation of parole for children who had already been approved violated the Administrative Procedure Act, DHS regulations, Fifth Amendment due process and equal protection, and the doctrine of equitable estoppel. In July, plaintiffs sought a preliminary injunction to prevent the government from terminating the program and restore the conditional parole approvals that had been granted prior to the CAM program's termination. As of July 24, 2018, the government had yet to respond and the court had not set a date to hear oral arguments on the motion.
View Case Detail (IM-CA-0125)


CASE ADDITIONS
July 23, 2018
DOJ Investigation of Missoula County Attorney’s Office
Case Category: Criminal Justice (Other)
Trial Docket: 9:14−cv−00038−DLC (D. Mont.)
CJ-MT-0003
This DOJ pattern or practice investigation into the Missoula County Attorney's Office found that the MCAO failed to adequately investigate and prosecute alleged sexual assaults against women, due to gender discrimination in violation of the Violent Crime Control and Law Enforcement Act of 1994 and the anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968. The matter led to an out-of-court settlement on June 10, 2014, setting out substantial reforms for the County Attorney's Office, with an oversight role played chiefly by the Montana Attorney General's office.
View Case Detail (CJ-MT-0003)


CASE ADDITIONS
July 23, 2018
United States of America v. Leflore County, Mississippi
Case Category: Juvenile Institution
Trial Docket: 4:15-cv-00059-DMB-JMV (N.D. Miss.)
JI-MS-0011
On March 31, 2011, the DOJ issued an investigative findings letter concluding that conditions at the Leflore County Juvenile Detention Center violated the constitutional and federal statutory rights of the youth confined there. The United States concluded that youth confined to LCJDC are: (1) exposed to excessive physical restraint and isolation as a means of discipline; (2) given inadequate educational opportunities; and (3) exposed to great risk of harm from inadequate mental health care, including inadequate screening, monitoring and treatment of youth who are suicidal. On May 12, 2015, the DOJ filed this lawsuit in the U.S. District Court for the Northern District of Mississippi. On June 18, 2015, the court entered a settlement agreement and as of July 23, 2015, the case is ongoing for compliance purposes.
View Case Detail (JI-MS-0011)


LINKS TO THE CLEARINGHOUSE
July 20, 2018
Hill v. Snyder
ACLU Michigan webpage
Date: September 13, 2017
(ACLU of Michigan)
ACLU of Michigan summary of the litigation.*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 20, 2018
J.S.R v. Sessions; V.F.B v Sessions
Yale Law webpage
Date: Summer 2018
(Yale Law School)
Yale Law School clinic summary of the litigation. *
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CASE ADDITIONS
July 20, 2018
Knight First Amendment Institute at Columbia University v. Trump
Case Category: Presidential Authority
Trial Docket: 1:17-cv-05205-NRB (S.D.N.Y.)
PR-NY-0004
This 2017 lawsuit was brought by the Knight First Amendment Institute at Columbia University, as well as various political writers and professors, in the U.S. District for the Southern District of New York. The plaintiffs sued President Donald Trump and other agents of the executive branch through a bivens claim, alleging unconstitutional violations of the First Amendment right to free speech after the named individual plaintiffs were blocked from the Twitter account @realDonaldTrump for being critical of President Trump and/or his policies. On May 23, 2018, the court granted in part the plaintiffs motion for summary judgment and the defendants appealed this decision to the Second Circuit. The case is ongoing.
View Case Detail (PR-NY-0004)


CASE ADDITIONS
July 20, 2018
City of Evanston v. Texaco
Case Category: Environmental Justice
Trial Docket: 13-cv-2106 (N.D. Ill.)
EJ-IL-0001
This 2013 lawsuit was brought by the City of Evanston, IL in the U.S. District Court for the Northern District of Illinois. The City sued Chevron U.S.A. Inc., E-Town Community Ventures, LLC, Texaco, Inc., the Chevron Corporation, and the Chevron Environmental Management Company under the Resource Conservation and Recovery Act (RCRA) and local ordinances, alleging that the defendants have caused the release of hazardous substances at a vacant commercial property in the city. In 2015, the parties reached a private settlement agreement. The case is ongoing for settlement purposes.
View Case Detail (EJ-IL-0001)


CASE ADDITIONS
July 20, 2018
Hill v. Snyder
Case Category: Criminal Justice (Other)
Trial Docket: 5:10-cv-14568-JCO-RSW (E.D. Mich.)
CJ-MI-0003
In November of 2010, juvenile prisoners filed a lawsuit in the United States District Court for the Eastern District of Michigan against the State of Michigan, challenging the state law that prohibited the Michigan Parole Board from considering for parole those sentenced to life in prison for first-degree murder. On January 30, 2013, the Court held that plaintiffs are entitled to a fair and meaningful opportunity to demonstrate that they are appropriate parole candidates, and ordered both parties to provide briefs on what would constitute a "fair and meaningful" opportunity. The defendants appealed the orders from the District Court. On May 11, 2016 the Court of Appeals vacated and remanded the case, urging the District Court to consider new Supreme Court cases and new Michigan Law. On August 3, 2016 the District Court denied the plaintiff's motion for preliminary injunction, to prevent re-sentencing of juvenile offenders. The district court's decision to grant the defendant's motion to dismiss was affirmed in part and reversed in part. The plaintiff's ex post facto claims survived and Heck does not bar review of the state's policies and procedures regarding parole eligibility.
View Case Detail (CJ-MI-0003)


CASE ADDITIONS
July 20, 2018
Standing Rock Sioux Tribe v. Dakota Access
Case Category: Environmental Justice
Trial Docket: 16-1534 (D.D.C.)
EJ-DC-0001
This 2016 lawsuit was brought by the Standing Rock Sioux Tribe in the U.S. District Court for the District of Columbia. The plaintiff sued the U.S. Army Corps of Engineers, alleging that they had violated the NHPA, the CWA, and NEPA by authorizing the construction of a pipeline over reservation land. The Cheyenne River Sioux Tribe intervened in support of the plaintiff and Dakota Access, LLC intervened as a defendant. The case is ongoing.
View Case Detail (EJ-DC-0001)


CASE ADDITIONS
July 19, 2018
Sabata v. Nebraska Department of Correctional Services
Case Category: Prison Conditions
Trial Docket: 4:17-cv-03107 (D. Neb.)
PC-NE-0013
On August 15, 2017, the eleven prisoners filed this class action lawsuit against the Nebraska Department of Correctional Services (NDCS) and the Nebraska Board of Parole (BOP) in the U.S. District Court for the District of Nebraska. The plaintiffs sought injunctive relief as well as attorneys’ fees and costs, claiming violations of section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Eighth Amendment. The case is ongoing, and the parties are currently engaged in discovery proceedings.
View Case Detail (PC-NE-0013)


CASE ADDITIONS
July 19, 2018
NAACP Legal Defense & Education Fund v. Trump
Case Category: Presidential Authority
Trial Docket: 1:17-cv-05427 (S.D.N.Y.)
PR-NY-0003
This 2017 lawsuit was brought by the NAACP Legal Defense & Education Fund against President Donald J. Trump and the Presidential Advisory Commission on Election Integrity under the Federal Advisory Commission Act (FACA) and the Administrative Procedure Act (APA). The NAACP claimed that this Commission was created to manufacture evidence supporting President Trump’s false claim of widespread voter fraud in the 2016 Presidential Election. On February 28, 2018, the NAACP voluntarily dismissed the case. The case is presumed closed.
View Case Detail (PR-NY-0003)


CASE ADDITIONS
July 19, 2018
A.W. v. South Carolina Department of Mental Health
Case Category: Public Benefits / Government Services
Trial Docket: 2:17-cv-01346 (D.S.C.)
PB-SC-0006
On May 24, 2017, six individuals, persons with mental disabilities and patients of South Carolina’s G. Werber Bryan Psychiatric Hospital (Bryan Hospital), and Protection and Advocacy for People with Disabilities Inc, filed this class action lawsuit in the U.S. District Court for the District of South Carolina. This lawsuit was brought against the South Carolina Department of Mental Health and the South Carolina Mental Health Commission, Bryan Hospital was operated by these entities. The plaintiffs sought injunctive and declaratory relief as well as attorneys’ fees and costs claiming violations of Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act. The plaintiffs alleged that the defendants had a practice of arbitrarily preventing patients the opportunity to discharge from Bryan Hospital, isolation these patients from the community, and charging them for their confinement. This case is ongoing.
View Case Detail (PB-SC-0006)


CASE ADDITIONS
July 19, 2018
Lawyers' Committee for Civil Rights Under Law v. Presidential Advisory Commission on Election Integrity
Case Category: Presidential Authority
Trial Docket: 1:17-cv-01354-CKK (D.D.C.)
PR-DC-0007
This 2017 lawsuit was brought by the Lawyers’ Committee for Civil Rights Under Law (LCCRUL) in the U.S. District Court for the District of Columbia. LCCRUL sued President Trump and the Presidential Advisory Commission on Election Integrity under FACA, the Mandamus and Venue Act, and the APA. LCCRUL alleged that the Committee was in violation of FACA, which imposed strict transparency requirements when any part of the executive branch seeks the advice or recommendation of a group that includes non-federal officials. The case is ongoing.
View Case Detail (PR-DC-0007)


CASE ADDITIONS
July 19, 2018
J.S.R. v. Sessions / V.F.B. v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: C.A. No. 3:18cv1106 (VAB) (D. Conn.)
IM-CT-0012
In 2018, two children from Central America filed separate complaints and petitions for habeas corpus ad testificandum in the U.S. District Court for the District of Connecticut. Plaintiffs alleged that after they had been apprehended by ICE, they were forcibly separated from their parents as part of the Trump Administration's "zero tolerance" policy towards illegal border crossings, in violation of their Fifth Amendment due process rights. Before the two complaints were filed, a federal district court in California had already held that ICE's forcible family separations violated parents' constitutional rights and ordered the government to reunify them with their children, but the plaintiffs successfully argued that the relief ordered in that case would be inadequate for them, because as children they were not in the class affected by that order. The court ordered ICE to make the parents physically present for a later status conference, and a few days later the government filed a notice of compliance indicating that the plaintiffs would be immediately reunified with their parents and the parents would be paroled from detention by ICE. As of July 20, 2018, the case is still ongoing.
View Case Detail (IM-CT-0012)


CASE ADDITIONS
July 18, 2018
Walker v. U.S. Department of Housing and Urban Development (HUD)
Case Category: Public Housing
Trial Docket: 3:85-cv-01210 (N.D. Tex.)
PH-TX-0001
In 1985, several thousand black participants in low-income housing programs in the West Dallas Projects, brought this class action lawsuit against nine Dallas metropolitan suburbs and the Dallas housing authority for purposeful segregation of the participants into West Dallas projects. Following a consent decree, over the next thirty-three years, the Dallas housing authority has worked to develop new projects and provide vouchers for surburban homes with the goal of desegregating the Dallas housing authority under the supervision of the Court, plaintiffs, and a special master.
View Case Detail (PH-TX-0001)


CASE ADDITIONS
July 18, 2018
Jones v. Gusman
Case Category: Jail Conditions
Trial Docket: 2:12-cv-00859 (E.D. La.)
JC-LA-0028
In 2012, a class of men, women and children imprisoned at Orleans Parish Prison (OPP) brought forth a suit in the U.S. District Court for the Eastern District of Louisiana against the Orleans Parish Sheriff. over the objection of the city of New Orleans, which will have to fund the reforms, the matter settled. The resulting court-enforceable decree includes new policies regarding protection from harm; mental health care; medical care; sanitation and environmental conditions; fire and life safety; language assistance; and youthful prisoners, and an independent monitor, to assist/ensure that reforms are carried out. The case is ongoing for monitoring and compliance purposes.
View Case Detail (JC-LA-0028)


CASE ADDITIONS
July 18, 2018
Barry v. Corrigan
Case Category: Public Benefits / Government Services
Trial Docket: 13-cv-13185 (E.D. Mich.)
PB-MI-0006
On July 24, 2013, a group of individuals who had been denied Food Assistance without proper notification due to a "criminal justice disqualification," filed a lawsuit under 42 U.S.C. § 1983 against the Michigan Department of Human Services (MDHS). On January 9, 2015, U.S. District Court Judge Judith Levy granted class certification and summary judgment for the plaintiffs. Plaintiffs continue to work with MDHS to implement all ordered changes to their administration of FAP benefits.
View Case Detail (PB-MI-0006)