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
August 20, 2017
City and County of San Francisco v. Sessions
Case Category: Immigration
Trial Docket: 4:17-cv-04642-SBA (N.D. Cal.)
IM-CA-0093
Summary/Abstract not yet on record
View Case Detail (IM-CA-0093)


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


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


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


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


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


CASE ADDITIONS
August 2, 2017
Council on American-Islamic Relations - Connecticut v. U.S. Citizenship and Immigration Services
Case Category: National Security
Trial Docket: 3:17-cv-01061-AVC (D. Conn.)
NS-CT-0001
Summary/Abstract not yet on record
View Case Detail (NS-CT-0001)


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 7, 2017
Police Assessment Resource Center: County of Los Angeles
Date: Dec 31, 2016
(PARC )
The Police Assessment Resource Center (PARC) was founded to provide independent, evidence-based counsel and research on effective, respectful, and publicly accountable policing to law enforcement agencies, government entities, and community groups. It was founded in 2001 by the Vera Institute of ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 7, 2017
William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
William G. v. Pataki was filed on behalf of parolees with serious mental illnesses and substance abuse problems who are languishing in jail, waiting for state-funded treatment services to become available. The parolees are being held in New York City jails for alleged technical violations of their ...
View Link Detail  


CASE ADDITIONS
July 7, 2017
Colorado Criminal Defense Bar v. Hickenlooper
Case Category: Indigent Defense
Trial Docket: 1:10-cv-02930-JLK (D. Colo.)
PD-CO-0001
Summary/Abstract not yet on record
View Case Detail (PD-CO-0001)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 6, 2017
Missouri P&A and Scaletty v. Carnahan
http://www.bazelon.org/missouri-pa-and-scaletty-v-carnahan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
The case was filed on behalf of Bob Scaletty, a retired electrician diagnosed with paranoid schizophrenia, and Missouri Protection and Advocacy Services, which represents people with mental disabilities. Mr. Scaletty had voted consistently until November 2004, when he received a letter saying he ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 6, 2017
Jane Doe v. Hunter College
http://www.bazelon.org/jane-doe-v-hunter-college/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
The plaintiff, “Jane Doe,” had admitted herself to Cabrini Medical Center after taking a large number of Tylenol pills and then calling 911. When she returned to the dorm she found the locks to her room changed. She was allowed to remove her belongings only in the presence of a security guard. ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 6, 2017
Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
The settlement brought about a significant transformation of New Jersey’s mental health service system. The state greatly expanded supported housing and other community services for people with serious mental illness, helping thousands of people avoid needless hospitalization. It also made ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
July 6, 2017
Groundbreaking 7th Circuit Ruling in Favor of Ash Whitaker, Transgender Student Seeking Access to Correct Bathroom
Date: May 30, 2017
By: Transgender Law Center (Transgender Law Center)
An article about the 7th Circuit's ruling in W. v. Kenosha Unified School District No 1 Board of Education, along with other resources pertaining to this case.*
View Link Detail  


CASE ADDITIONS
July 6, 2017
Ali v. Thaler
Case Category: Prison Conditions
Trial Docket: 9:09-cv-00052-RC-JKG (E.D. Tex.)
PC-TX-0017
On March 29, 2009, a Muslim inmate at the Gib Lewis Unit in the Texas Department of Criminal Justice filed this pro-se lawsuit in the United States District Court for the Eastern District of Texas. He sought relief from a TDCJ policy prohibiting him from wearing his beard at a fist-length and from wearing a Kufi. The case went back and forth between the District Court and the Fifth Circuit for more than seven years, but the Plaintiff ultimately won a permanent injunction enjoining TDCJ from enforcing these grooming policies.
View Case Detail (PC-TX-0017)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 29, 2017
Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Date: Jun 28, 2017
By: U.S. Department of State
On June 26, 2017, the Supreme Court partially lifted preliminary injunctions that barred the Department from enforcing section 2 of Executive Order (E.O.) 13780, which suspends the entry to the United States of, and the issuance of visas to, nationals of six designated countries, as well as section ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 28, 2017
Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
In accordance with my duties as Attorney General, I have determined that section 9(a) of the Executive Order, which is directed to the Attorney General and the Secretary of Homeland Security, will be applied solely to federal grants administered by the Department of Justice or the Department of ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 28, 2017
Video: Ninth Circuit Hears Travel Ban Oral Arguments
C-SPAN
Date: May 15, 2017
By: Ninth Circuit
The Ninth Circuit Court of Appeals reviewed the decision of Hawaii U.S. District Court Judge Derrick Watson regarding the enforcement of President Trump’s travel ban. Judge Watson issued a preliminary injunction and stay blocking President Trump’s enforcement of his revised travel ban involving ...
View Link Detail  


CASE STUDIES
June 28, 2017
"Avoyelles Parish Public Schools: Louisiana School for the Agricultural Sciences’ Admission Policies as a Breeding Ground for a Return to Legal Segregation"
SSRN
Date: Mar 15, 2017
By: Daisha Latrice Hodges (Southern University Law Center Law Student)
In the landmark decision of Brown v. Board of Education of Topeka, Kansas, the United States Supreme Court declared that doctrine of “separate but equal” was unconstitutional; however, nearly six decades later schools are divided along racial lines. Avoyelles Parish Public Schools have been ...
View Case Study Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 28, 2017
#StopSB4
Texas Civil Rights Project
Date: Jun 27, 2017
By: Texas Civil Rights Project
On May 7th, Texas’ Governor, Greg Abbott, signed SB 4 into law. SB 4 is the most discriminatory piece of anti-immigrant legislation in the United States. SB 4 is currently scheduled to go into effect in September 2017. The bill makes Texas less safe by encouraging racial profiling and forcing ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 26, 2017
Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
Williams v. Quinn challenges Illinois’ segregation of individuals with mental illnesses in intermediate care nursing facilities. More than 4,000 people are housed in such facilities in Illinois, commonly referred to as “IMDs” (“institutions for mental diseases”).*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 26, 2017
United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
On January 26, 2012, the U.S. Department of Justice (DOJ) filed a complaint against the Commonwealth of Virginia in the U.S. District Court for the Eastern District of Virginia. The complaint alleged that the state had violated the Americans with Disabilities Act and the U.S. Supreme Court’s ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 26, 2017
United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
Local advocates began calling attention to the declining state of North Carolina’s public mental health system in the early-to-mid-2000s, when the state began downsizing and privatizing psychiatric hospitals without implementing sufficient community-based mental health services.*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 26, 2017
U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
On May 18, 2016, the State of Georgia and the United States Department of Justice filed in federal district court an agreement to expand the capacity and improve the quality of community-based services the State provides to individuals with developmental disabilities and mental illnesses. This “ ...
View Link Detail  


CASE ADDITIONS
June 26, 2017
Wikimedia Foundation v. National Security Agency
Case Category: National Security
Trial Docket: 1:15-cv-00662-RDB (D. Md.)
NS-MD-0001
The plaintiffs, a collection of mostly privacy/human rights non-profit organizations, sued the National Security Agency and Department of Justice for violating their constitutional rights by maintaining widespread, warrantless "Upstream Surveillance" programs of digital communications. The case was dismissed, but plaintiffs appealed. The 4th Circuit vacated and remanded the dismissal as to Wikimedia, but affirmed as to all other plaintiffs.
View Case Detail (NS-MD-0001)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 25, 2017
S.S. v. Springfield Public Schools
http://www.bazelon.org/springfield-massachusetts-school-system/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
Students with mental health needs are being warehoused in a segregated Springfield school without educational opportunities or therapeutic supports, according to this class action lawsuit filed on June 27, 2014, in US District Court.*
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 25, 2017
O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
In an enormous victory for more than 4,000 New Yorkers living in large private “adult homes,” on March 1, 2010 the Eastern District Court of New York ordered the State to afford all qualified residents an opportunity to move into supported housing where they can receive mental health and social ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 25, 2017
Office of Protection and Advocacy v. State of Conneticut
http://www.bazelon.org/opa-v-ct/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
Office of Protection and Advocacy v. State of Connecticut alleges that more than 200 people with mental illnesses are “needlessly segregated and inappropriately warehoused” in three Connecticut nursing homes, and asks the court to order state agencies to develop suitable community-living ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 25, 2017
Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
Advocates from the Judge David L. Bazelon Center for Mental Health Law, the Disabilities Rights Center, the Center for Public Representation and Devine, Millimet & Branch, PA, filed a class-action complaint on behalf of New Hampshire residents with serious mental illnesses who are or are at risk of ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 25, 2017
Katie A. v. Bonta
http://www.bazelon.org/katie-a-v-bonta/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
The class action known as Katie A. v. Bonta was filed in July 2002. It challenges California’s failure to provide home-based and community-based mental health services to children who are in the foster care system or at risk of removal from their families. Of special concern is California’s ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 25, 2017
J.K. v. Humble
http://www.bazelon.org/j-k-v-humble/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
J.K. v. Humble (originally filed as J.K. v. Eden) challenged Arizona’s failure to provide mental health services to poor children, resulting in a landmark settlement reforming the state’s behavioral healthcare system for children. However, the glacial pace of implementation has led to a dispute- ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 25, 2017
Doe v. Pasadena Unified School District
http://www.bazelon.org/doe-v-pasadena-unified-school-district/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
On February 11, 2016, the Bazelon Center and its co-counsel filed a class action complaint in federal district court in Los Angeles on behalf of students with mental health needs who are denied an equal education as a result of their placement in a segregated school operated by the Pasadena Unified ...
View Link Detail  


CASE STUDIES
June 25, 2017
"Trump and the Foreign Emoluments Clause"
https://www.theusconstitution.org/trump-and-foreign-emoluments-clause
Date: 2017
By: Constitutional Accountability Center (Constitutional Accountability Center)
This website has collected resources for Blumenthal v. Trump.*
View Case Study Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 25, 2017
A.J. v. Cesar Chavez Public Charter Schools
http://www.bazelon.org/a-j-v-cesar-chavez-public-charter-schools-et-al/
Date: 2017
By: Bazelon Center (Bazelon Center)
The Bazelon Center for Mental Health Law, together with partners University Legal Services and Crowell & Moring, LLP, filed an Individuals with Disabilities Education Act (IDEA) due process complaint with the D.C. Student Hearing Office against Cesar Chavez Public Charter Schools (Chavez) and the ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 24, 2017
Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
The White House
Date: Jun 14, 2017
By: Donald Trump (White House)
This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctions that bar enforcement of certain provisions of Executive Order 13780, "Protecting the Nation from ...
View Link Detail  


CASE STUDIES
June 24, 2017
"From Hospitals to Prisons: A New Explanation"
http://cornelllawreview.org/clronline/from-hospitals-to-prisons-a-new-explanation
Date: 2017
By: Fredrick E. Vars & Shelby B. Calambokidis (Cornell Law Review)
"Deinstitutionalization from state mental hospitals was largely over by 1980, but the percentage of prisoners with mental illness did not begin to skyrocket until 1990. The leading theories for the criminalization of mental illness cannot fully explain this gap.

This Essay offers a new ...
View Case Study Detail  


CASE ADDITIONS
June 17, 2017
El Paso County v. State of Texas
Case Category: Immigration
Trial Docket: 5:17-cv-00459 (W.D. Tex.)
IM-TX-0046
This suit challenges Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the other suits in this special collection, this suit does not challenge President Trump's "Sanctuary City" Executive Order. On May 22, the County of El Paso filed this suit in the United States District Court Western District of Texas. The suit alleged that SB4 violates the Fourteenth Amendment’s equal protection and due process clauses, the Fourth Amendment's protection against unreasonable searches and seizures, the supremacy clause, the First Amendment's protection of expression, and the Texas Constitution. Plaintiffs seek declaratory and injunctive relief. As this case has been consolidated with others, please refer to this case for further updates.
View Case Detail (IM-TX-0046)


CASE ADDITIONS
June 17, 2017
City of San Antonio v. Texas
Case Category: Immigration
Trial Docket: 5:17-cv-00489-OLG (W.D. Tex.)
IM-TX-0047
This suit challenges Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the other suits in this special collection, this suit does not challenge President Trump's "Sanctuary City" Executive Order. On June 1, the City of San Antonio filed this suit in the United States District Court Western District of Texas. The suit alleged that SB4 violates the the Supremacy Clause, the Contracts Clause, the First Amendment, the Fourth Amendment, the Fourteenth Amendment, and Section 2 of the Voting Rights Act of 1965. Plaintiffs seek declaratory and injunctive relief. Please refer to this case for further updates.
View Case Detail (IM-TX-0047)


CASE ADDITIONS
June 17, 2017
G.G. [Gavin Grimm] v. Gloucester County School Board
Case Category: Education
Trial Docket: 4:15-cv-00054-RGD-TEM (E.D. Va.)
ED-VA-0002
In 2015, a transgender boy filed a lawsuit against his school district because they would not allow him to use the boys' bathroom. The court granted the school district's motion to dismiss, but the appeals court reversed and remanded, and the district court has since granted a preliminary injunction allowing plaintiff access to the boy's bathroom. The Supreme Court granted the school district's petition for a writ of certiorari in 2016, but later remanded the case after the Department of Education and Department of Justice withdrew their prior federal statements on the issue. The case is on remand in the Fourth Circuit.
View Case Detail (ED-VA-0002)


CASE ADDITIONS
June 15, 2017
Argueta v. Myers
Case Category: Immigration
Trial Docket: 3:08-cv-01652-PGS-DEA (D.N.J.)
IM-NJ-0007
Summary/Abstract not yet on record
View Case Detail (IM-NJ-0007)


CASE ADDITIONS
June 15, 2017
Hamama v. Adducci
Case Category: Immigration
Trial Docket: 2:17-cv-11910 (E.D. Mich.)
IM-MI-0005
Petitioners in this class action habeas petition are Iraqi nationals—many, perhaps most, Chaldean Christian—who have resided in the United States for many years. They have been subject to final orders of removal for years, but the government permitted them to reside in the community under ...
View Case Detail (IM-MI-0005)


CASE ADDITIONS
June 14, 2017
City of El Cenizo v. State of Texas
Case Category: Immigration
Trial Docket: 5:17-cv-00404 (W.D. Tex.)
IM-TX-0045
This suit challenges Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the , this suit does not challenge President Trump's "Sanctuary City" Executive Order. On May 8, the City of El Cenizo filed this suit in the United States District Court Western District of Texas. The suit alleged that SB4 violates the 10th Amendment by commandeering local government and that it is preempted under federal law. There are, so far, four cases addressing SB4. The State of Texas has been seeking to consolidate this and two other cases with another case, Texas v. Travis County; the opposing side in Travis County (several cities and the Mexican American Legal Defense and Education Fund) oppose consolidation, arguing that Texas illegitimately raced to the courthouse, filing this case before SB4 had even gone into effect, in order to secure the most favorable court/judge. The four cases are: This one (Judge Orlando L. Garcia). El Paso County v. Texas, No. 5:17-cv-00459 (W.D. Tex.), IM-TX-0046 (Judge Orlando L. Garcia) City of San Antonio, Texas v. State of Texas, No. 5:17-cv-00489 (W.D. Tex.), IM-TX-0047 (Judge Orlando L. Garcia) Texas v. Travis County, No. 1:17-cv-00425 (W.D. Tex.), IM-TX-0044 The three cases pending before Judge Garcia were brought by cities and counties seeking a declaratory judgment and injunction barring implementation of SB4. The other case was brought by brought by Texas against pro-immigration cities and counties. On June 6, Judge Garcia ordered a consolidation of this case with the San Antonio and El Paso cases, with this case becoming the lead case in the consolidation. Travis County, however, remains separate.
View Case Detail (IM-TX-0045)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 13, 2017
Morgan v. Sproat
(Southern Poverty Law Center)
Description of the Southern Poverty Law Center's recent involvement in the 1975 case Morgan v. Sproat.*
View Link Detail  


CASE ADDITIONS
June 13, 2017
Texas v. Travis County
Case Category: Immigration
Trial Docket: 1:17-cv-00425 (W.D. Tex.)
IM-TX-0044
This suit seeks to support Texas's law Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the suits that seek to challenge President Trump's "Sanctuary City" Executive Order, this suit aims to support the work of federal immigration officials. On May 7, 2017, Texas Attorney General Ken Paxton filed this suit seeking a judgment on SB4 before it is challenged. Defendants are Travis County, City of Austin, and the Mexican American Legal Defense and Education Fund. In their complaint, Plaintiffs accused defendants of being "openly hostile" to cooperation with federal immigration officials both in policy and in practice. Plaintiffs seek declaratory judgment. Judge Sam Sparks was assigned to the case.
View Case Detail (IM-TX-0044)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 12, 2017
Colotl v. Kelly
ACLU
By: ACLU
The American Civil Liberties Union, ACLU of Georgia, and Kuck Immigration Partners LLC took legal action to restore Deferred Action for Childhood Arrivals protections to DREAMer Jessica Colotl. The Trump administration suddenly and arbitrarily revoked Colotl’s DACA status, even though immigration ...
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CASE ADDITIONS
June 12, 2017
Davis v. Buckley
Case Category: Intellectual Disability (Facility)
Trial Docket: 80-0569 (E.D. Va.)
ID-VA-0001
In 1980, two plaintiffs filed a class action lawsuit in the U.S. District Court for the Eastern District of Virginia on behalf of 98 residents with intellectual disabilities of Southside Virginia Training Center ("Southside") who desired community placement. Though the class was eventually denied, plaintiffs succeeded in acquiring the promise of a findings letter on Southside from the Department of Health and Human Services.
View Case Detail (ID-VA-0001)


CASE ADDITIONS
June 11, 2017
Conn. ARC v. Thorne
Case Category: Intellectual Disability (Facility)
Trial Docket: 78-653 (D. Conn.)
ID-CT-0001
Summary/Abstract not yet on record
View Case Detail (ID-CT-0001)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 9, 2017
Will the Virgin Islands finally end the practice of conscripting non-qualified lawyers to represent the indigent accused?
Sixth Amendment Center
Date: May 18, 2017
By: David Carroll and Phyllis Mann (Sixth Amendment Center)
Although the Virgin Islands has a territorial public defender office, trial court administrative rules historically authorized judges to conscript any attorney barred in the territory – divorce lawyers and real estate lawyers included – to provide representation to the indigent accused in ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
June 8, 2017
Tucker v. State of Idaho [ACLU resource page]
(ACLU of Idaho)
The ACLU, the ACLU of Idaho, and the global law firm Hogan Lovells filed a lawsuit in 2015 against the State of Idaho over its defective public defense system. This page is the ACLU's collection of relevant documents.*
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CASE ADDITIONS
June 5, 2017
In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things from [redacted]
Case Category: National Security
Trial Docket: BR 15-99 (FISC)
NS-DC-0101
In August 2015, the government submitted an application to the Foreign Intelligence Surveillance Court requesting bulk collection of telephony metadata during the interim period between the passage of the USA FREEDOM Act on June 2, 2015, and the beginning of the new telephony metadata collection under the Act on November 28, 2015. Judge Michael W. Mosman of the FISC granted the application, and with the assistance of court-appointed amicus, concluded that the USA FREEDOM Act also allowed the government to retain and use the previously bulk-collected metadata for limited purposes in the three months after November 28, 2015.
View Case Detail (NS-DC-0101)


CASE ADDITIONS
June 4, 2017
Miller v. Deal
Case Category: Indigent Defense
Trial Docket: 2011-CV-198121 (State Court)
PD-GA-0007
Five indigent parents who were incarcerated for their child support debt sued the State of Georgia seeking injunctive relief requiring the State to provide counsel when defendants could be incarcerated for child support debt, and when the State was a represented by its own attorneys. The issue of the class of indigent parent went to the Supreme Court of Georgia, which decided that there is no absolute, inflexible, and categorical right to appointed counsel in child support proceedings as a matter of due process, even when the Department, represented by its own lawyers, pursues the incarceration of an indigent parent.
View Case Detail (PD-GA-0007)


CASE ADDITIONS
June 3, 2017
Muslim Advocates v. U.S. Department of Homeland Security
Case Category: National Security
Trial Docket: 1:17-cv-00820 (D.D.C.)
NS-DC-0109
On May 3, 2017, Muslim Advocates filed this lawsuit under the Freedom of Information Act (FOIA). This suit aimed to shed light on the "government’s border searches of electronic devices in the possession of persons from the seven Muslim-majority countries covered by President Donald Trump’s January 27, 2017 Executive Order, in addition to its border searches of electronic devices in the possession of persons – including U.S. citizens – whom U.S. Customs and Border Protection (“CBP”) agents perceived to be Muslim." The plaintiff, who is a nonprofit organization, argued that such border searches "dramatically increased" after the EO was released. On May 18, the case was randomly assigned to Judge Amy Berman. The case is ongoing.
View Case Detail (NS-DC-0109)


CASE ADDITIONS
June 3, 2017
Tucker v. State of Idaho
Case Category: Indigent Defense
Trial Docket: CV-OC-2015-10240 (State Court)
PD-ID-0001
The Idaho Supreme Court found that plaintiffs could pursue this 2015 class action to seek reform of an allegedly unconstitutional public defender system. The case is proceeding towards trial in Idaho's District Court of the Fourth Judicial District, under 42 U.S.C. § 1983 and state law.
View Case Detail (PD-ID-0001)


CASE STUDIES
June 2, 2017
"He Calls Me By Lightning: The Life of Caliph Washington and the forgotten Saga of Jim Crow, Southern Justice, and the Death Penalty"
Date: 2017
By: S. Jonathan Bass (Samford University Faculty)
This biography includes a case study of Washington v. Lee, the case in which the Supreme Court held that jails and prisons could not be generally segregated.

A heroic reconstruction of the forgotten life of a wrongfully convicted man whose story becomes an historic portrait of racial ...
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CASE ADDITIONS
June 1, 2017
Hart v. Colvin
Case Category: Public Benefits / Government Services
Trial Docket: 3:15-cv-00623-JST (N.D. Cal.)
PB-CA-0046
On February 9, 2015, three individuals whose disability benefits had allegedly been denied or terminated based on consultative examinations (CEs) performed by a now disqualified doctor, filed this class action lawsuit in the District Court for the Northern District of California. The plaintiffs sued the Acting Commissioner of Social Security in her official capacity, under 42 U.S.C. § 1983, alleging that she wrongfully relied on CEs performed by a physician, who at the time of this complaint had been disqualified, in denying or terminating their disability benefits. Specifically, the plaintiffs alleged that the defendant's policy and practice of relying on this disqualified doctor's defective CE reports in denying or terminating disability benefits was in violation of requirement that these determinations be based on evidence from acceptable medical sources. After the defendant's motion to dismiss was denied on July 17, 2015, the court set a number of settlement conferences. For months these conferences were unsuccessful, but the parties reached an agreement on September 19, 2016 by which the defendant agreed to provide relief to class members through procedural mechanisms that vary depending on the status of their claims and the amount of time since their examination by the disqualified doctor and pay $490,000 in attorneys fees. On April 17, 2017, Judge Tigar granted final approval of the class action settlement.
View Case Detail (PB-CA-0046)


CASE ADDITIONS
May 29, 2017
Menocal v. The GEO Group, Inc.
Case Category: Immigration
Trial Docket: 1:14-cv-02887-JLK (D. Colo.)
IM-CO-0009
This class action lawsuit was brought by current and former civil immigration detainees against the GEO Group, Inc., a for-profit corporation that provides detention and correction services. The plaintiffs allege that GEO violated Colorado's Minimum Wage Order by paying its detained employees one dollar per day for their labor and that GEO violated federal law by forcing its detainees to clean the "pods" where they were housed for no pay. The plaintiffs seek monetary damages for themselves and those similarly situated.
View Case Detail (IM-CO-0009)


CASE STUDIES
May 27, 2017
"Hurrell-Harring et al. v. State of New York (Challenging New York State's Failure to Provide Adequate Public Defense Services) "
(New York Civil Liberties Union)
NYCLU summary of the case.*
View Case Study Detail  


CASE ADDITIONS
May 27, 2017
N.P. v. Georgia
Case Category: Indigent Defense
Trial Docket: 14-cv-241025 (State Court)
PD-GA-0008
On January 7, 2014, youth and adult criminal defendants filed this class-action lawsuit in the Georgia Superior Court of Fulton County. The plaintiffs sought declaratory and injunctive relief requiring the state to provide free and quality counsel to indigent defendants within three days of their arrest. On March 13, 2015, the United States Department of Justice (DOJ) submitted a Statement of Interest regarding the juvenile justice claims. On April 20, 2015 Judge Todd Markle approved a consent decree, set to last for three years.
View Case Detail (PD-GA-0008)


CASE ADDITIONS
May 26, 2017
Nwanguma v. Trump
Case Category: Presidential Authority
Trial Docket: 3:16-cv-00247-DJH-HBB (W.D. Ky.)
PR-KY-0001
Plaintiffs allege that at a campaign rally, Donald Trump incited the crowd to commit violence against them.
View Case Detail (PR-KY-0001)


CASE ADDITIONS
May 25, 2017
Twitter v. U.S. Department of Homeland Security
Case Category: Speech and Religious Freedom
Trial Docket: 3:17-cv-01916 (N.D. Cal.)
FA-CA-0013
On March 14, 2017, Twitter received a U.S. Customs and Border Protection (CBP) summons to disclose identifying information of the user(s) operating a rogue “alternative” government agency account. Twitter did not comply and instead filed suit in the U.S. District Court for the Northern District of California alleging a violation of First Amendment anonymity of political speech. On April 7, Twitter dismissed the suit when CBP withdrew its summons. The DHS Office of Inspector General is now investigating CBP on the matter.
View Case Detail (FA-CA-0013)


CASE ADDITIONS
May 25, 2017
Northwest Immigrants Rights Project (NWIRP) v. Sessions
Case Category: Immigration
Trial Docket: 2:17-cv-00716 (W.D. Wash.)
IM-WA-0034
On May 8, 2017, the Northwest Immigrant Rights Project (NWIRP) filed suit against the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), in the U.S. District Court for the Western District of Washington. The NWIRP received a “cease-and-desist” letter for providing assistance to unrepresented immigrants in deportation proceedings without appearing as formal counsel for each client. On May 11, 2017, the Court granted a nationwide TRO preventing DOJ enforcement of the prohibition or issuing any similar letters to other non-profits.
View Case Detail (IM-WA-0034)


CASE ADDITIONS
May 24, 2017
Heckman v. Williamson County
Case Category: Indigent Defense
Trial Docket: No. 06-453-C277 (State Court)
PD-TX-0001
A group of indigent defendants charged with misdemeanors punishable by imprisonment brought this suit alleging violations of their Sixth Amendment right to counsel. After six-year dispute regarding subject-matter jurisdiction, the parties reached a settlement forcing the county to provide notice of the right to indigent defense counsel, to provide public access to the courts, and to create a policy that provided quicker access to indigent defense counsel.
View Case Detail (PD-TX-0001)


CASE ADDITIONS
May 24, 2017
Alford v. Johnson County Commissioners
Case Category: Indigent Defense
Trial Docket: 73D01-1601-PL-000003 (State Court)
PD-IN-0003
On October 8, 2015 individuals who were arrested in Johnson County brought this lawsuit alleging a systematic denial of counsel in violation of the Sixth and Fourteenth Amendments as well as state law. The case is in Indiana Superior Court and was brought under 42 U.S.C. § 1983 and state law against the Johnson County Commissioners as well as several judges and public defenders. The defendants filed a motion to dismiss on March 29, 2016 and after hearing, Judge Robert W. Freese granted the motion to dismiss on January 30, 2017 because the plaintiffs' cases were not yet ripe for review as they were active criminal proceedings in the pre-trial stage. The plaintiffs appealed on February 6, 2017 and as of May 24, 2017 the matter is still pending.
View Case Detail (PD-IN-0003)