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:


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 21, 2020
Seth v. District of Columbia
The Arc
Date: Jul. 24, 2019
By: The Arc
This lawsuit challenges the indefinite incarceration of Markelle Seth, a young man with intellectual disability languishing in federal prison despite not having been convicted of a crime in violation of his right under state and federal law to receive services and treatment in the most integrated ...
View Link Detail  


CASE ADDITIONS
January 20, 2020
Does, 1-104 v. Wasden
Case Category: Criminal Justice (Other)
Trial Docket: 1:16-cv-00429 (D. Idaho)
CJ-ID-0003
More than 100 sex offenders are challenging Idaho’s laws that require registration and community notification of sex offenders, saying the laws violate an array of constitutional rights, from the prohibition on double jeopardy to freedom of religion. The lawsuit seeks a permanent order to stop the state and its counties from enforcing some portions of the law. On April 5, 2019, Judge Nye dismissed the second amended complaint with prejudice because the plaintiffs failed to tie facts to specific constitutional violations. On May 5, 2019, the plaintiffs appealed this decision to the U.S. Court of Appeals for the Ninth Circuit. As of January 20, 2020, this case is pending in the Court of Appeals.
View Case Detail (CJ-ID-0003)


CASE ADDITIONS
January 20, 2020
Justice Network v. Craighead County
Case Category: Criminal Justice (Other)
Trial Docket: 3:17-cv-00169 (E.D. Ark.)
CJ-AR-0005
In 2017, the plaintiff, a private probation company, filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. Plaintiff alleged that two defendant-judges unlawfully forgave fees owed by probation clients to the plaintiff. The district court granted each defendant’s motion to dismiss. The plaintiff appealed to the Eighth Circuit, which affirmed the District Court's dismissal of the case. The case is now presumed to be closed.
View Case Detail (CJ-AR-0005)


CASE ADDITIONS
January 20, 2020
Georgia State Conference of the NAACP v. City of LaGrange
Case Category: Public Benefits / Government Services
Trial Docket: 3:17-cv-00067-TCB (N.D. Ga.)
PB-GA-0009
The Georgia NAACP and other plaintiffs challenged policies in place in the City of LaGrange, GA, limiting provision of utility service to individuals with outstanding court debt and to individuals who lack photo identification and valid social security numbers. The case was dismissed for failure to state a claim, but was appealed to the Eleventh Circuit. On October 10, 2019, the Court of Appeals vacated the District Court’s decision and remand the case for further proceedings. The case is pending discovery.
View Case Detail (PB-GA-0009)


CASE ADDITIONS
January 20, 2020
State of New York v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 1:19-cv-07777 (S.D.N.Y.)
IM-NY-0069
Summary/Abstract not yet on record
View Case Detail (IM-NY-0069)


CASE ADDITIONS
January 19, 2020
Metropolitan St. Louis Equal Housing and Opportunity Council v. City of Maplewood
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 4:17-cv-00886-PLC (E.D. Mo.)
FH-MO-0006
Summary/Abstract not yet on record
View Case Detail (FH-MO-0006)


CASE ADDITIONS
January 19, 2020
Long v. Southeastern Pennsylvania Transportation Authority
Case Category: Equal Employment
Trial Docket: 2:16-cv-01991-PBT (E.D. Pa.)
EE-PA-0251
In 2016, three individuals who had applied for jobs at the Southeastern Pennsylvania Transportation Authority filed this class action complaint in the Eastern District of Pennsylvania (SEPTA). The plaintiffs alleged that SEPTA had violated federal fair credit law and state law regarding anti-discrimination in hiring. The case was dismissed for lack of standing, and the named parties appealed in 2017. On October 16, 2018, the third Circuit Court of Appeals affirmed the dismissal of plaintiffs’ claim based on SEPTA’s failure to provide them with notice of their FCRA rights, but reversed the dismissal of the claim based on SEPTA’s failure to provide them with copies of their consumer reports and remanded for further proceedings. On August 6, 2019, the plaintiffs filed a second amended complaint and the case is ongoing.
View Case Detail (EE-PA-0251)


CASE ADDITIONS
January 19, 2020
Kennicott v. Sandia Corporation
Case Category: Equal Employment
Trial Docket: 1:17-cv-00188-JB-GJF (D.N.M.)
EE-NM-0065
Summary/Abstract not yet on record
View Case Detail (EE-NM-0065)


CASE ADDITIONS
January 18, 2020
Little v. Frederick
Case Category: Criminal Justice (Other)
Trial Docket: 6:17-cv-00724 (W.D. La.)
CJ-LA-0007
Summary/Abstract not yet on record
View Case Detail (CJ-LA-0007)


CASE ADDITIONS
January 18, 2020
Staples Accessible Web Site and Point of Sale Settlement Agreement
Case Category: Disability Rights-Pub. Accom.
Trial Docket: NA (No Court)
DR-CA-0007
Summary/Abstract not yet on record
View Case Detail (DR-CA-0007)


CASE ADDITIONS
January 18, 2020
Hayden v. Keller
Case Category: Criminal Justice (Other)
Trial Docket: 5:10-ct-3123-BO (E.D.N.C.)
CJ-NC-0006
Summary/Abstract not yet on record
View Case Detail (CJ-NC-0006)


CASE ADDITIONS
January 18, 2020
M.B. v. Tidball
Case Category: Child Welfare
Trial Docket: 2:17-cv-04102-NKL (W.D. Mo.)
CW-MO-0003
Summary/Abstract not yet on record
View Case Detail (CW-MO-0003)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 17, 2020
Another Look at the Judicial Power of the Purse: Courts, Corrections, and State Budgets in the 1980s
Date: 1996
By: John Fliter (Kansas State University Faculty)
30 L. & Soc'y Rev. 399
In measuring the impact of court-ordered prison reforms on state budgets, Taggart (1989) challenged Harriman and Straussman's (1983) conclusion that court decisions have affected state spending for corrections. This Research Note explores important questions left unanswered by both studies: (1) ...
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 17, 2020
Hearings before the Subcommittee on the Constitution of the Committee on the Judiciary
Date: July 1997
By: United States Senate (United States)
View Link Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Protecting the Rights of DACA Recipients as Persons Residing Under Color of Law in New York
CUNY L. Rev. F.
Date: Winter 2018
By: Janet Calvo (CUNY School of Law Law Student)
21 CUNY L. Rev. F. 1-18
While the future immigration status of those who enrolled in DACA, Deferred Action for Childhood Arrivals, is uncertain, they should remain eligible for both professional licensing and Medicaid in New York as they continue to be PRUCOL, permanently residing under color of law, whether or not DACA ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
No Confidence: Confidentiality, Ethics and the Law of Academic Privilege
Comm. L. & Pol'y
Date: 06/10/2016
By: Eric Robinson
21 Comm. L. & Pol'y 323-381
The law recognizes several evidentiary privileges, including a qualified privilege recognized by statute or court precedent in forty-eight states and several federal circuits that allows journalists to protect confidential sources. Meanwhile, ethical practices for social science surveys require ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
The Force and the Resistance: Why Changing the Police Force is Neither Inevitable, Nor Impossible
U. Pa. J.L. & Soc. Change
Date: 2017
By: Ryan Cohen (Harvard Law School Law Student)
20 U. Pa. J.L. & Soc. Change 105-123
Studies show that people can evolve and, when they do, their evolution happens in a patterned and replicable way. Organizations, which are created, directed, and made up of people, are no different. Indeed, organizational psychology and change-management theory-embraced in the business sector-shed ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Interpreting Injustice: The Department of Homeland Security's Failure to Comply with Federal Language Access Requirements in Immigration Detention
Harv. Latino L. Rev.
Date: April 2017
By: Katherine Beck
20 Harv. Latino L. Rev. 15-50
This Comment analyzes how DHS and ICE are noncompliant with federal language access policy, EO 13166, and Title VI. In Part II, I provide a background legal framework on language access and national origin discrimination and put immigration detention into that context. In Part I, I analyze how DHS ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
"A House Divided": A Response to Professor Abbe Smith's In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects
U. Pa. J.L. & Soc. Change
Date: 2011
By: W. Tucker Carrington (University of Mississippi School of Law Faculty)
15 U. Pa. J.L. & Soc. Change 1-24
Professor Smith begins her article by immediately conceding that there is now little debate about the impact of innocence work. She readily acknowledges the power of DNA evidence to free the wrongly convicted and, in the process, to raise serious questions about certain fundamental conceptions in ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Supermax Administration and the Eighth Amendment: Deference, Discretion and Double Bunking
U.C. Irvine L. Rev.
Date: 2015
By: Keramet Reiter (University of California Irvine School of Law Faculty)
5 U.C. Irvine L. Rev. 89-150
This Article explores the constitutionality of supermax prisons, focusing on one of the earliest and largest supermaxes in the United States, California's Pelican Bay State Prison, and one of the first court cases to consider supermax constitutionality, Madrid v. Gomez. Although international human ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
An Impossible Standard: The California Parole Board Process for Inmates with Cognitive Impairments
S. Cal. L. Rev.
Date: 2018
By: Amber Heron (University of Southern California Gould School of Law Law Student)
91 S. Cal. L. Rev. 990-1019
This Note argues that reform must come from re-envisioning the manner in which the parole process is administered and by applying a truly individualized approach. To be clear, the legal standard of current dangerousness is not at issue; it is the process by which the parole board determines a given ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Formal Marriage
St. Louis L.J.
Date: 2016
By: Jeffery Redding (Saint Louis University School of Law Law Student)
60 St. Louis L.J. 671-693
This Article aims to account for the emerging constitutional and legal
concern with paper forms, especially in the context of marriage rights in the United States. The goal of this Article's exploration of "formal marriage" is twofold, namely to explain how it is that marriage rights in the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Erasing Presence Through Reasonable Suspicion: Terry and its Progeny as a Vehicle for State Immigration Enforcement
Idaho L. Rev.
Date: 2018
By: Naomi Doraisamy (University of Idaho College of Law Law Student)
54 Idaho L. Rev. 410-466
This Article examines the long shadow cast on local policing by Terry v.
Ohio, tracing the impact of Terry's progeny on state legislative campaigns focused on immigration enforcement. The policing tools afforded by Terry's progeny have an unmistakable presence-deterring effect on communities ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Polycentricity and Queue Jumping in Public Law Remedies: A Two-Track Response
Univ. of Toronto L.J.
Date: Winter 2016
By: Kent Roach (University of Toronto Law Faculty)
66 Univ. of Toronto L.J. 3-52
This article examines complex public law remedies in light of Lon Fuller’s famous critique that courts are ill-equipped to deal with polycentric or multifaceted issues and the related critique that remedies for health care and other socio-economic rights result in queue jumping. Most contemporary ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Taking Sex Discrimination Seriously
Denv. U. L. Rev.
Date: 2015
By: Vicki Schultz (Yale Law School Faculty)
91 Denv. U. L. Rev. 995-1120
The fiftieth anniversary of Title VII's ban on sex discrimination provides an occasion to reflect on its successes and failures in achieving workplace sex equality. Although considerable progress has occurred, advances have been both uneven and unsteady. This Article shows that a primary limit on ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
The Health of Undocumented Mexicans in New York City
Chicana/o-Latina/o L. Rev.
Date: 2013
By: Gerald P. Lopez (UCLA School of Law Faculty)
32 Chicana/o-Latina/o L. Rev. 1-250
In this Article, Professor Gerald P Lopez analyzes how this study - more accurately, the effort of which the study is a part - aims at once to close two gaps: the gap between what we now know and what we might learn about the health of undocumented Mexicans in New York City, and the gap between ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Immigrant Covering
Wm. & Mary L. Rev.
Date: 2017
By: Stella Burch Elias (University of Iowa College of Law Faculty)
58 Wm. & Mary L. Rev. 765-856
Over the last ten years there has been a marked shift in U.S. immigration law away from reliance upon statutory authorization and regulatory provisions to subregulatory or "liminal" rules and discretionary decision-making. This trend is apparent in both federal immigration law and in state and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
There's No Place like Home: Realizing the Vision of Community-Based Mental Health Treatment for Children
DePaul L. Rev.
Date: 2012
By: Yael Zakai Cannon (University of New Mexico School of Law Faculty)
61 DePaul L. Rev. 1049-1128
This Article argues that local and state public agencies often fail to comply with their duties and fulfill the aims of these federal regimes, leading to unnecessary institutionalization of youth. This Article expands the analysis of the legal systems affecting at-risk youth by looking at them ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Anti-Gay Curriculum Laws
Colum. L. Rev.
Date: 2017
By: Clifford Rosky (University of Utah S.J. Quinney College of Law Faculty)
117 Colum. L. Rev. 1461-1542
Since the Supreme Court's invalidation of anti-gay marriage laws,
scholars and advocates have been debating the LGBT movement's near-
term strategies and priorities. This Article joins that conversation by de-
veloping the framework for a national campaign to repeal or invalidate ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Challenges Facing LGBTQ Youth
Geo. J. Gender & L.
Date: 2017
By: Mudasar Khan, Kelly McLaughlin, Peter Mezey & Daniel Robertson
18 Geo. J. Gender & L. 475-536
This Article will discuss the myriad of challenges faced by lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth in the United States. The Article will focus on issues faced by LGBTQ youth in school as well as the issues faced by families with LGBTQ children, including increased risk ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Workers, Dignity and Equitable Tolling
Nw. U. J. Int'l Hum. Rts.
Date: 2017
By: Diane Rudolph (Harvard Law School Faculty)
15 Nw. U. J. Int'l Hum. Rts. 126-167
The argument proceeds in four parts. In Part I, for the non-specialist the article provides an overview of how workers bring employment discrimination lawsuits in the United States and at which points they may encounter delays. The process is far from intuitive. Its complexities present multiple ...
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CASE ADDITIONS
January 16, 2020
Lippert v. Godinez
Case Category: Prison Conditions
Trial Docket: 1:10-cv-04603 (N.D. Ill.)
PC-IL-0032
In 2010, a prisoner from the Stateville Correction Center filed this case in the US District Court for the Northern District of Illinois. The case certified a class of all prisoners in Illinois who receive medical or dental care. The plaintiffs alleged long-standing, systemic violations of Eighth Amendment rights in the failure to properly follow prescribe procedures for prisoners' medical treatment. After lengthy litigation, the parties settled on the eve of trial in 2019. The defendants are currently under a consent decree to reform medical care in the Illinois prisons. The case is ongoing.
View Case Detail (PC-IL-0032)


CASE ADDITIONS
January 15, 2020
Georgia Advocacy Office v. Jackson
Case Category: Jail Conditions
Trial Docket: 1:19-cv-01634-WMR-JFK (N.D. Ga.)
JC-GA-0034
In April 2019, two female detainees in the South Fulton Municipal Regional Jail and the Georgia Advocacy Office filed this class action lawsuit in the U.S. District Court for the Northern District of Georgia. Plaintiffs alleged that defendants violated the Eighth Amendment, Fourteenth Amendment Equal Protection Clause, and the Americans with Disabilities Act by placing detainees with mental disabilities in prolonged solitary confinement, maintaining conditions of confinement that deprived the plaintiffs of basic human needs, excluding plaintiffs and other women from the competency restoration program on the basis of sex, and denying plaintiffs’ access to important services and programs solely by reason of their disabilities. The court granted a preliminary injunction in July 2019, which the defendants appeals. The case is ongoing.
View Case Detail (JC-GA-0034)


CASE ADDITIONS
January 15, 2020
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 September 2019, the parties settled for injunctive and monetary relief.
View Case Detail (PC-AK-0002)


CASE ADDITIONS
January 14, 2020
Graves v. Arpaio
Case Category: Jail Conditions
Trial Docket: 2:77-cv-00479 (D. Ariz.)
JC-AZ-0008
In 1977, a group of pretrial detainees incarcerated in Maricopa County Jail filed a class action lawsuit alleging that the Maricopa County Sheriff's Office denied them constitutional rights related to overcrowding, insufficient medical care, and lack of access to courts. In 1981, the parties entered into a Consent Decree which remained in force until it was superseded by a stipulated Amended Judgment entered on January 10, 1995. On September 30, 2014, the Court issued its Fourth Amended Judgment, which terminated part of the prior judgments, but which kept some of the previous injunctive rulings in effect. The parties continued to litigate compliance until September 2019, when Judge Wake terminated the case. The case is ongoing.
View Case Detail (JC-AZ-0008)


CASE ADDITIONS
January 14, 2020
Center for Independence of the Disabled v. Metropolitan Transportation Authority
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 1:17-cv-02990-KBF (S.D.N.Y.)
DR-NY-0012
On April 25th, 2017, a group of New York City disability rights organizations and three individual disabled New York City residents who use wheelchairs and have frequently encountered subway outages filed this class action lawsuit in the United States District Court for the Southern District of New York. The plaintiffs sued the Metropolitan Transportation Authority, the interim executive director of the Metropolitan Transportation Authority, the New York City Transit Authority, the acting president of the New York City Transit Authority, and the City of New York, under Title II of the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law (“NYCHRL”). The plaintiffs claimed that the defendants’ failure to maintain the limited number of elevators in the subway caused the systematic discriminatory exclusion of hundreds of thousands of New Yorkers with mobility disabilities from New York City’s subway system in violation of state and federal law. After extensive discovery, both parties filed motions for summary judgment on August 9, 2019. An oral argument was held on October 24 but Judge George B. Daniels reserved a decision on the motions. The case is still ongoing.
View Case Detail (DR-NY-0012)


CASE ADDITIONS
January 14, 2020
Horse v. District of Columbia
Case Category: Policing
Trial Docket: 1:17-cv-01216 (D.D.C.)
PN-DC-0013
Plaintiff photojournalist and demonstrators are suing the District of Columbia for violating their First, Fourth, and Fifth Amendment rights under 42 U.S.C. § 1983 preventing them from peacefully assembling. Plaintiffs also allege that they were falsely imprisoned by defendant police who used a tactic called "kettling" to trap demonstrators, and further violated plaintiffs' rights to peaceably assemble by using chemical irritants before issuing dispersal orders. Plaintiffs also allege they were subjected to unjustified strip searches. The case is still ongoing.
View Case Detail (PN-DC-0013)


CASE ADDITIONS
January 13, 2020
Al-Mowafak v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-00557 (N.D. Cal.)
IM-CA-0088
This class action was filed on Feb. 2, 2017 in response to President Trump’s January 27, 2017 Executive Order (EO) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Plaintiffs, represented by the ACLU of Northern California and private counsel, also challenged the Department of State's Jan. 27 letter "provisionally revoking all valid nonimmigrant and immigrant visas" of nationals of these nations. The action was filed in the United States District Court for the Northern District of California, seeking declaratory and injunctive relief. On Mar. 6, 2017, prompted by adverse developments in the Washington v. Trump litigation in the 9th Circuit, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780. The plaintiffs quickly responded to the new EO. On Mar. 13, plaintiffs filed a first amended complaint, arguing that the new EO resolved "none of [the] fatal flaws" of the first EO. In addition to the violations stated in the first complaint, the amended complaint added that the EO violated the separation of powers "because it is contrary to Congress’s establishment of uniform rules of naturalization, as expressed in the Immigration and Nationality Act (“INA”), and because it exceeds the President’s constitutional authority at the expense of Congress’s power to legislate." On Mar. 16, plaintiffs filed a motion for preliminary injunction, to which defendants responded in opposition on Mar. 30. In the meantime, other litigation against the second EO proceeded across the country, with some rulings ultimately having nationwide effects. On Mar. 15, the U.S. District Court for the District of Hawaii enjoined the second EO in Hawaii v. Trump. Across the country in Maryland, the District Court also granted a nationwide preliminary injunction against portions of the EO in the IRAP v. Trump case. The government appealed in both cases. On Jun. 2017, the Supreme Court agreed to review both cases. In response to the Hawaii ruling, the U.S. filed a motion to stay proceedings in this case pending the outcome of that 9th Circuit appeal. Judge Orrick set the preliminary injunction hearing for May 31, after oral arguments took place in the 9th Circuit. However, in light of the 4th Circuit's ruling in IRAP v. Trump, the court vacated the preliminary injunction hearing. On Jun. 19, the court approved the parties' stipulation to stay most of the proceedings while the nationwide injunction from Hawaii v. Trump remains in effect. This case is ongoing.
View Case Detail (IM-CA-0088)


CASE ADDITIONS
January 13, 2020
Hammock v. City of Auburn
Case Category: Equal Employment
Trial Docket: 87-V-680-E (M.D. Ala.)
EE-AL-0104
Summary/Abstract not yet on record
View Case Detail (EE-AL-0104)


CASE ADDITIONS
January 13, 2020
In re. Birmingham Reverse Discrimination Employment Litigation (Martin v. Wilks)
Case Category: Equal Employment
Trial Docket: 84-00903-CV-P-S (N.D. Ala.)
EE-AL-0109
Summary/Abstract not yet on record
View Case Detail (EE-AL-0109)


CASE ADDITIONS
January 13, 2020
City of El Cenizo v. State of Texas
Case Category: Immigration and/or the Border
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 other suits in this special collection, this suit does not challenge President Trump's "Sanctuary City" Executive Order. In this consolidated action, the district court granted a preliminary injunction prohibiting SB4 from going into effect on its projected start date. The Fifth Circuit reversed the preliminary injunction and affirmed in a rehearing en banc, stating that the ordinance was facially constitutional. Some of the plaintiffs voluntarily dismissed their claims on remand. Others filed amended complaints in December 2019 and the case is alive again.
View Case Detail (IM-TX-0045)


CASE ADDITIONS
January 12, 2020
Sims v. Montgomery County
Case Category: Equal Employment
Trial Docket: C.A. No. 3708-N (M.D. Ala.)
EE-AL-0092
Summary/Abstract not yet on record
View Case Detail (EE-AL-0092)


CASE ADDITIONS
January 12, 2020
EEOC v. CLAY COUNTY BOARD OF EDUCATION
Case Category: Equal Employment
Trial Docket: 1:98-cv-02889-RBP (N.D. Ala.)
EE-AL-0019
Summary/Abstract not yet on record
View Case Detail (EE-AL-0019)


CASE STUDIES
January 11, 2020
"Voluntary Interdistrict School Desegregation in St. Louis: The Special Master's Tale"
Date: 1986
By: D. Bruce La Pierre (Washington University in St. Louis Faculty)
1987 Wis. L. Rev. 971
View Case Study Detail  


CASE STUDIES
January 11, 2020
"Unending Struggle: The Long Road to an Equal Education in St. Louis"
Reedy Press
Date: 2004
By: Judge Gerald W. Heaney & Dr. Susan Uchitelle
View Case Study Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 11, 2020
Pro Se Muslim Prisoner Reaches Religious Rights Settlement Agreement with Virginia Prison Officials
Date: June 2009
By: David M. Reutter (Prison Legal News)
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 11, 2020
Sheriff to end solitary confinement for teens at Palm Beach County jail under settlement
Date: November 2018
By: John Pacenti (The Palm Beach Post)
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 11, 2020
Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them
Date: November 2017
By: Peter Baker and Eileen Sullivan (N.Y. Times)
View Link Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
January 8, 2020
Racial Classification and Ascriptive Injury
Wash. U. L. Rev.
Date: 2014
By: Paul Gowder (University of Iowa Faculty)
92 Wash. U. L. Rev. 325-396
This Article describes a new model of the relationship between racial
ascriptions on an individual level, private racial bias, social disadvantage,
and state action, called the cognitive hierarchical model. It argues that
racial hierarchy in the wider culture affects our ...
View Article Detail  


CASE ADDITIONS
January 6, 2020
Jones et al. v. City of Faribault
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 0:18-cv-01643 (D. Minn.)
FH-MN-0002
On June 13, 2018, a resettlement non-profit for the Somali community and six Black and Somali residents of Faribault, Minnesota, filed this lawsuit in the U.S. District Court for the District of Minnesota. The plaintiffs alleged that a Faribault ordinance violated the Fair Housing Act and the equal protection clauses of the Fourteenth Amendment and Minnesota Constitution. The case is ongoing.
View Case Detail (FH-MN-0002)


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Civil Redress and Historical Memory Act of 2029: A Legislative Proposal
U. Mich. J.L. Reform
Date: Fall 2017
By: William J. Aceves (California Western School of Law Faculty)
51 U. Mich. J.L. Reform 163-240
This Article offers a legislative proposal based on the Civil Liberties Act of 1988, which Congress adopted to address the discrimination and detention of Japanese Americans during the Second World War. Based on this historical analog, this Article proposes the adoption of the Civil Redress and ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Copwatching
Calif. L. Rev.
Date: 2016
By: Jocelyn Simonson (Brooklyn Law School Faculty)
104 Calif. L. Rev. 391-446
This Article explores the phenomenon of organized copwatching-groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions in an effort to hold police departments accountable to the populations they police. The Article ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Principled Policing: Warrior Cops and Guardian Officers
Wake Forest L. Rev.
Date: 2016
By: Seth W. Stoughton (University of South Carolina School of Law Faculty)
51 Wake Forest L. Rev. 611-676
This article contends that a more fundamental reform is necessary: the core principles of policing need to be adjusted to change how officers view their job and their relationship with the community. Law enforcement has long taken great pride in its adherence to a Warrior ethos, which emphasizes ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Stops and Stares: Street Stops, Surveillance and Race in the New Policing
Fordham Urb. L.J.
Date: 2016
By: Jeffrey Fagan, Anthony A. Braga, Rod K Brunson, April Pattavmna (Columbia University Law School Faculty)
43 Fordham Urb. L.J. 539-614
This article examines racial disparities under a unique configuration of the street stop prong of the "new policing"-the inclusion of non-contact observations (or surveillances) in the field interrogation and observation activity of Boston Police Department officers. The authors show that Boston ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Class Action Myopia
Duke L.J.
Date: February 2016
By: Maureen Carroll (UCLA School of Law Law Student)
65 Duke L.J. 843-908
Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief. This Article argues that the myopic focus on the aggregated- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Border Wall Foundations
Williamette L. Rev.
Date: 2018
By: F. Cartwright Weiland
54 Williamette L. Rev. 427-494 2018
This article examines law and history related to President Donald Trump's "border wall, " and Mexico's alleged financial responsibility for the wall's construction. It argues that two classical texts provide a useful framing for the supplementary role Mexico - and Mexican law plays in achieving US ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Right To Be Rescued: Disability Justice in an Age of Disaster
Yale L.J.
Date: 2015
By: Adrien A. Weibgen (Yale Law School Law Student)
124 Yale L.J. 2406-2469
This Note explores the legal responsibilities that local governments have toward marginalized communities in a time of crisis and argues that people with disabilities (PWDs) have a "right to be rescued": a legal right to have their unique needs accounted for and addressed in emergency planning ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Alone and Unrepresented: A Call to Congress to Provide Counsel for Unaccompanied Minors
Harv. J. on Legis.
Date: 2013
By: Shani M. King (University of Florida Levin College of Law Faculty)
50 Harv. J. on Legis. 331-384
The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement
Wash. U. L. Rev.
Date: 2018
By: Jennifer Lee Koh (Western State College of Law Faculty)
96 Wash. U. L. Rev. 337-394
This Article is the first to consider the interplay of expedited removal and
reinstatement. It traces the operation of the two removal processes, both
independently and in combination with each other. It emphasizes the harsh statutory bars on judicial and habeas review, and the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Overseeing Agency Enforcement
Geo. Wash. L. Rev.
Date: 2016
By: Rachel E. Barkow (NYU School of Law Faculty)
84 Geo. Wash. L. Rev. 1129-1186
A big part of what agencies do-indeed, the core of their executive
power-is law enforcement. Whether it is a statute or an agency regulation, agencies make sure that individuals and entities comply with the law. In the case of some agencies, such as prosecutors' offices or police departments, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Intersection of Law, Policy, and Police Body-Worn Cameras: An Exploration of Critical Issues
N.C. L. Rev.
Date: 2018
By: Michael D. White, Henry F. Fradella (Arizona State University Faculty)
96 N.C. L. Rev. 1579-1638
Police body-worn cameras ("BWCs") have diffused rapidly among U.S. law enforcement, in part because of early studies which suggested that the technology could produce important outcomes for police and their communities. The potential for BWCs to produce positive outcomes is affected by a wide range ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
"Amorphous Federalism" and the Supreme Court's Marriage Cases
Loy. L.A. L. Rev.
Date: 2014
By: David B. Cruz (University of Southern California Gould School of Law Faculty)
47 Loy. L.A. L. Rev. 393-450
This Article addresses the U.S. Supreme Court's decisions in
Hollingsworth v. Perry and United States v. Windsor, the two cases in
the October 2012 Term that took up issues of marriage rights of same-
sex couples. After Part I of the Article provides a brief Introduction, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The Right Choice for Elections: How Choice Voting will End Gerrymandering and Expand Minority Voting Rights, from City Councils to Congress
U. Rich. L. Rev.
Date: 2013
By: Rob Richie, Andrew Spencer (Haverford College, University of Arizona School of Law Faculty)
47 U. Rich. L. Rev. 959-1014
This article recommends a different approach, grounded in replacing winner-take-all voting rules with choice voting, both as a generally applied voting method and as a preferred remedy in Voting Rights Act cases. In Section I, it reviews the major winner-take-all methods for electing legislative ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Federal Civil Litigation as an Instrument of Police Reform: A Natural Experiment Exploring the Effects of the Floyd Ruling on Stop-and-Frisk Activities in New York City
Ohio St. J. Crim.
Date: 2016
By: Michael D. White, Henry F. Fradella, Weston J. Morrow, Doug Mellom (Arizona State University, Arizona State University, University of Nevada, Arizona State University Faculty)
14 Ohio St. J. Crim. L. 9-66
Stop-and-frisk has emerged as a popular crime control tactic in
American policing. Though stop-and-frisk has a long, established legal
history, the recent experiences in many jurisdictions demonstrate a
strong disconnect between principle and practice. Arguably, stop-and- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
There's No Place like Home: Reshaping Community Interventions and Policies to Eliminate Environmental Hazards and Improve Population Health for Low-Income and Minority Communities
Harv. L & Pol'y Rev.
Date: 2018
By: Emily A. Benfer, Allyson E. Gold (George Washington University Law School Faculty)
11 Harv. L & Pol'y Rev. S1
In recent years, local governments across the country have passed crime free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
One-Strike 2.0: How Local Governments Are Distorting a Flawed Federal Eviction Law
UCLA L. Rev
Date: 2018
By: Kathryn V. Ramsey (George Washington Law School Faculty)
65 UCLA L. Rev. 1146-1199
In recent years, local governments across the country have passed crime-free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Sexual Abuse in California Prisons: How the California Rape Shield Fails the Most Vulnerable Populations
UCLA Women's L.J.
Date: 2014
By: Tasha Hill (University of California Los Angeles School of Law Law Student)
21 UCLA Women's L.J. 89-143
Primarily, the author argues that the rape shield exclusion is unconstitu-
tional under the Equal Protection Clause of the Fourteenth Amend-
ment, since there is no rational basis for the exclusion. Additionally,
while the California rape shield exclusion is not mentioned specif- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The Importance of the Political in Immigration Federalism
Ariz. St. L.J.
Date: Jan. 31, 2013
By: S. Karthick Ramakrishnan, Pratheepan Gulasekaram (University of California, Santa Clara University School of Law Faculty)
44 Ariz. St. L.J. 1431-1488
This Article provides a systematic, empirical investigation of the genesis of state and local immigration regulations, discrediting the popular notion that they are caused by uneven demographic pressures across the country. It also proffers a novel theory to explain the proliferation of these ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Fixing Deference in Youth Crimmigration Cases
N.M. L. Rev.
Date: Summer 2018
By: Esther K. Hong
48 N.M. L. Rev. 330-372
This Article focuses on another type of judicial deference-one that has not yet been addressed by scholars. It has a significant impact on immigration cases involving noncitizen minors and young adults, referred to collectively in this Article as "noncitizen youth," who have state offense findings ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Is Integration a Discriminatory Purpose?
Iowa L. Rev.
Date: 2011
By: Michelle Adams (Yeshiva University Cardozo School of Law Faculty)
96 Iowa L. Rev. 837-884
Is integration a form of discrimination? Remarkably, recent Supreme Court doctrine suggests that the answer to this question may well be yes. In Ricci v. DeStefano, the Court characterizes-for the very first time-government action taken to avoid disparate-impact liability and to integrate the ...
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CASE STUDIES
December 11, 2019
"Calibrating the Eighth Amendment: Graham, Miller, and the Right to Mental Healthcare in Juvenile Prison"
UCLA L. Rev.
Date: 2016
By: Sara McDermott (UCLA School of Law Law Student)
63 UCLA L. Rev. 712-759
Young people locked up in juvenile prisons have an enormous need for mental healthcare, one which juvenile prisons have consistently found themselves unable to meet. As a result, many incarcerated young people end up being denied the care they deserve. Yet for years, courts have implemented a ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Gideon Incarcerated: Access to Counsel in Pretrial Detention
U.C. Irvine L. Rev.
Date: 2018
By: Johanna Kalb (Loyola University New Orleans College of Law Faculty)
9 U.C. Irvine L. Rev. 101-140
This Article traces the hidden ways in which mass incarceration has worked to thwart Gideon's promise, both in fact and in law, for incarcerated criminal defendants. It then proposes possibilities for reinvigorating the Sixth Amendment's protections, through intersecting strategies for regulation ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Detaining Families: A Study of Asylum Adjudication in Family Detention
Calif. L. Rev.
Date: 2018
By: Ingrid Eagly, Steven Shafer, Jana Whalley (UCLA School of Law, Faculty)
106 Calif. L. Rev. 785-868
This Article presents the findings of the first national study of the practice of detaining families as they pursue relief in United States immigration courts. The records the authors analyze were obtained from the Executive Office for Immigration Review (EOIR), the division of the Department of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
How Mainstream Reformers Design Ambitious Reentry Programs Doomed to Fail and Destined to Reinforce Targeted Mass Incarceration and Social Control
Hastings Race & Pov. L.J.
Date: 2014
By: Gerald P. Lopez (UCLA School of Law Faculty)
11 Hastings Race & Pov. L.J. 1-110
Ambitious reentry programs always have been the right and the wise thing to do. That is true, whether you regard yourself as hugely in favor of the "get tough on crime" (and its "War on Drugs") or hugely opposed. Among most militant opponents, and emphatically in my own view, reentry has always ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Policing Through an American Prism
Yale L.J.
Date: 2017
By: Debo P. Adegbile
126 Yale L.J. 2222-[ix]
Policing practices in America are under scrutiny. Video clips, protests, and media coverage bring attention and a sense of urgency to fatal police civilian incidents that are often accompanied by broader calls for reform. Tensions often run high after officer involved shootings of unarmed civilians, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The IDEA of an Adequate Education for All: Ensuring Success for Incarcerated Youth with Disabilities
J.L. & Educ.
Date: 2013
By: Jennifer A. L. Sheldon-Sherman
42 J.L. & Educ. 227-274
This article focuses on the education of youth with disabilities in the juvenile justice system, with particular emphasis on the role of litigation in reforming educational services for incarcerated youth. Through an analysis of California's response to the Farrell v. Tilton litigation," this ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Governing the American Police: Wrestling with the Problems of Democracy
U. Chi. Legal F.
Date: 2016
By: Samuel Walker (University of Nebraska at Omaha Faculty)
2016 U. Chi. Legal F. 615-660
This Article argues that the central problem of governing the police is that we suffer not from a lack of democratic control, but from a rather well functioning process of democratic governance in the pursuit of the wrong values. The democratic ideal of policing is that law enforcement agencies ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Reviving the Carefully Limited Exception: From Jail to GPS Bail
Faulkner L. Rev.
Date: 2013
By: Alexis Causey
5 Faulkner L. Rev. 59-114
California's prisons are grossly overcrowded, violating the United States Constitution.' To solve this problem, the California Legislature passed the Public Safety Realignment Act, Assembly Bill 109. The Act aims to decrease prison populations by sending non-violent, non-serious, and non-sex ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Access to Justice for Asylum Seekers: Developing an Effective Model of Holistic Asylum Representation
U. Mich. J.L. Reform
Date: 2015
By: Sabrineh Ardalan (Harvard Law School Faculty)
48 U. Mich. J.L. Reform 1001-1038
The United States does not guarantee asylum seekers the help of an advocate or a lawyer. This fact alone presents a serious barrier to access to justice given the complexities of the U.S. asylum system. A national study found that fewer than forty percent of immigrants facing removal were ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Government Access to and Manipulation of Social Media: Legal and Policy Challenges
How. L.J.
Date: 2018
By: Rachel Levinson-Waldman (New York University School of Law Faculty)
61 How. L.J. 523-562
This essay highlights issues arising from law enforcement's use of social media for a range of purposes; analyzes the legal framework that governs its use; and proposes basic principles to govern law enforcement's access to social media in order to ensure transparency and safeguard individuals' ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
The Union of Contraceptive Services and the Affordable Care Act Gives Birth to First Amendment Concerns
Alb. L.J. Sci. & Tech.
Date: 2013
By: Evelyn M. Tenenbaum (Albany Law School Faculty)
23 Alb. L.J. Sci. & Tech. 539-580
In the Patient Protection and Affordable Care Act (ACA), the Obama Administration attempted to deal with the underutilization of preventive services by requiring that some of these services be provided free of charge. In implementing the Act, the Department of Health and Human Services (HHS) ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
From Mass Incarceration to Mass Control, and Back Again: How Bipartisan Criminal Justice Reform May Lead to a for-Profit Nightmare
U. Pa. J.L. & Soc. Change
Date: 2017
By: Carl Takei (National Prison Project of the American Civil Liberties Union (ACLU) Faculty)
20 U. Pa. J.L. & Soc. Change 125-183
Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, but each side comes to it with distinct and in many ways incompatible long-term interests. If ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Property Rebels: Reclaiming Abandoned, Bank-Owned Homes for Community Uses
Am. U. L. Rev.
Date: 2015
By: Valerie Schneider (Howard University School of Law Faculty)
65 Am. U. L. Rev. 399-434
In urban cores, abandoned, bank-owned, foreclosed homes attract crime, drain value from neighboring properties, and deplete the resources of municipalities, creating economic black holes in communities. Groups of activists affiliated with the Occupy Our Homes movement have been working to undo the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Beyond Deliberate Indifference: Improving Jail Health Care with False Claims Acts
Va. J. Soc. Pol'y & L.
Date: 2017
By: Nina Goepfert (University of Virginia School of Law Law Student)
25 Va. J. Soc. Pol'y & L. 123-157
Over 11 million people are admitted into U.S. jails annually. Every year countless men and women die in jail before they are convicted of any crime because health care providers neglect their medical needs. Jail health care is a frequent and worthy subjection of litigation. Section 1983 has ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Policing Black Residents as Nuisances: Why Selective Nuisance Law Enforcement Violates the Fair Housing Act
Harv. J. Racial & Ethnic Just.
Date: 2018
By: Rachel Smith
34 Harv. J. Racial & Ethnic Just. 87-116
Across the county, cities and suburbs especially those with increasing minority populations are passing 'crime-free' housing laws and other broad new nuisance laws that give police unprecedented discretion to compel evictions. Towns are also discriminatorily enforcing existing nuisance laws, which ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Future of the Fourth Amendment: The Problem with Privacy, Poverty and Policing
U. Md. L.J. Race, Religion, Gender & Class
Date: 2014
By: Kami Chavis Simmons (Wake Forest University School of Law Faculty)
14 U. Md. L.J. Race, Religion, Gender & Class 240-272
For decades, the reasonable expectation of privacy has been the
primary standard by which courts have determined whether a “search”
has occurred within the meaning of the Fourth Amendment. The
Supreme Court’s recent decision in U.S. v. Jones, however, has
reinvigorated ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Beginning to End Racial Profiling: Definitive Solutions to an Elusive Problem
Wash. & Lee J. Civil Rts. & Soc. Just.
Date: 03/18/2011
By: Kami Chavis Simmons (Wake Forest University Law School Faculty)
18 Wash. & Lee J. Civil Rts. & Soc. Just. 25-54
Undoubtedly, the pernicious practice of racial profiling, or at least the
perception that this practice occurs, has caused many citizens to alter their routine to avoid the indignity of yet another police stop. Unfortunately, there is a growing body of evidence that suggests that the ...
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CASE ADDITIONS
December 7, 2019
Latino Officers Ass'n of New York v. City of New York
Case Category: Equal Employment
Trial Docket: 1:99-cv-09568 (S.D.N.Y.)
EE-NY-0208
On September 9, 1999, Latino and African-American police officers brought this putitive class action against the City of New York and the New York Police Department under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, 42 U.S.C. §§ 1981, 1983, 1985, and state and local law, seeking an injunction to abolish discrimination. On September 15, 2004, Judge Kaplan approved a settlement agreement between the parties, and NYPD agreed to pay the plaintiffs $20 million and pay class counsel $4.8 million for attorneys’ fees and costs. The case is now closed.
View Case Detail (EE-NY-0208)


CASE ADDITIONS
December 6, 2019
Raymond v. The City of New York
Case Category: Equal Employment
Trial Docket: 1:15-cv-06885 (S.D.N.Y.)
EE-NY-0285
On August 31,2015, a group of minority New York City police officers who had been disciplined or fired filed a class action suit against the New York City Police Department in the U.S. District Court for the Southern District of New York. Plaintiffs are alleging the police department mandates an unofficial quota policy and that minority officers within the department have been discriminated against for complaining about and not following this unofficial policy. After resubmitting a new complaint, discovery progressed and a settlement conference occurred on December 4, 2019. The parties did not settle. The case is ongoing.
View Case Detail (EE-NY-0285)


CASE ADDITIONS
December 5, 2019
American Council of the Blind v. O'Neill
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 1:02-cv-00864-JR (D.D.C.)
DR-DC-0001
The American Council of the Blind sued the Treasury Department in the U.S. District Court of the District of Columbia in 2002 to get paper currency redesigned so that persons with visual impairments can recognize the denominations without having to rely on sighted people or scanners for help. In 2006, Judge James Robertson declared that the Department of the Treasury was violating section 504 of the Rehabilitation Act by failing to make banknotes accessible to the line and visually impaired. In 2008, the court also ordered the government to make prioritize accessibility design changes and to report on its progress towards full accessibility every six months until full compliance is reached. After Treasury indicated that full compliance would not be reached until sometime between 2026 and 2038 (instead of 2018, as initially projected), the plaintiffs moved to modify the 2008 injunction to require a hard deadline of 2026 for accessible $5, $10, $20, and $50 bills. Judge Beryl Howell denied this motion, leaving the deadline of the injunction open-ended. The plaintiffs appealed in 2017, and the DC Circuit Court of Appeals held that Judge Howell had not based her denial on a sufficient factual record. Judge Howell again denied the plaintiffs' motion to modify in 2019, and the plaintiffs again appealed the court's decision. As of December 5, 2019, the appeal is still ongoing and no oral argument has been scheduled. The case is ongoing.
View Case Detail (DR-DC-0001)


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


CASE ADDITIONS
December 3, 2019
Nappier v. Snyder
Case Category: Public Benefits / Government Services
Trial Docket: 1:16-cv-00636 (W.D. Mich.)
PB-MI-0028
On March 23, 2016, a resident of Flint, Michigan filed this class action lawsuit in the Michigan Court of Claims against state officials involved with the Flint water crisis. The plaintiffs alleged the defendants were grossly negligent because they continued to “falsely reassure the public” that the water was safe despite evidence to the contrary. The defendants removed the case, but the district court and Sixth Circuit found that neither federal officer nor federal question jurisdiction existed. The case returned to state court, where litigation over the scope of an officer's governmental immunity continues.
View Case Detail (PB-MI-0028)


CASE ADDITIONS
December 2, 2019
Baker v. DesLauriers
Case Category: Mental Health (Facility)
Trial Docket: 6:14-cv-01356 (D. Kan.)
MH-KS-0001
In 2014, various former prisoners who were forced to enroll in Kansas’s Sexual Predator Treatment Program (SPTP) after their release filed this Lawsuit in the U.S District Court for the District of Kansas. The Plaintiffs alleged that the program is punitive rather than therapeutic, and that it thus violates constitutional rights against ex post facto punishment and double jeopardy in addition to rights guaranteed under the American's Disability Act (ADA), the Protection and Advocacy of Individual Rights Act (PAIR), Section 504 (Rehabilitation Act), and Kansas state law. After counsel was appointed for the plaintiffs, an amended complaint was filed that alleged due process violations under SPTP. On July 17, 2017, Judge Thomas Marten dismissed the case for failure to state a claim and denied a motion to certify the class as moot. On November 14, 2017, Judge Marten denied the plaintiffs' motion for reconsideration and dismissed the case with prejudice.
View Case Detail (MH-KS-0001)


CASE ADDITIONS
December 2, 2019
Reynolds v. Alabama Department of Transportation
Case Category: Equal Employment
Trial Docket: 2:85-cv-00665 (M.D. Ala.)
EE-AL-0101
In 1985, a group of African American employees eligible for promotion to merit positions at the Alabama Department of Transportation (ALDOT) filed suit against ALDOT and other state agencies in the U.S. District Court for the Middle District of Alabama. Plaintiffs alleged that the defendants had engaged in a variety of discriminatory practices, specifically by manipulating the hiring and promotion procedures to exclude African Americans from all but menial jobs. As such, plaintiffs alleged that defendants had violated 42 U.S.C. § 1981, §1983, §2000e, and Title VII, and sought injunctive relief and damages. The case has been ongoing for more than 30 years. Although the court issued a consent decree in 1994, in which the defendants were later found in civil contempt in 1998 and in 2000 resulting in up to $59.6 million settlement, litigation regarding the defendants' civil contempt continued as well as the numerous objections raised by prospective intervenors. The hiring class was decertified in 2015, and the intervenors withdrew in March 2017 with their contempt claims being settled in June 2017.
View Case Detail (EE-AL-0101)


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


CASE ADDITIONS
December 1, 2019
U.S. v. Alabama
Case Category: Prison Conditions
Trial Docket: 2:15-cv-00368-MHT-TFM (M.D. Ala.)
PC-AL-0034
In 2013, the DOJ Civil Rights Division investigated the Julia Tutwiler Prison in Alabama. After sending the state Department of Corrections a findings letter in January 2014, the DOJ filed this suit against the state of Alabama and Department of Corrections in 2015 for heinous sexual abuse committed by the ADOC's male officers the prison. The parties reached a settlement agreement approved by the court in an enforceable consent decree, which required the ADOC and Tutwiler to make recommended changes and file compliance reports every six months. The case is ongoing.
View Case Detail (PC-AL-0034)


CASE ADDITIONS
December 1, 2019
Prince v. Aiellos
Case Category: Prison Conditions
Trial Docket: 2:09-cv-05429 (D.N.J.)
PC-NJ-0023
On October 23, 2009, an individual plaintiff filed a lawsuit in the U.S. District Court of the District of New Jersey under 42 U.S.C. § 1983 against the Hackensack Police Department, Hackensack Municipal Court, Bergen County Jail in the City of Hackensack, Bergen County Municipal Court, and Bergen County Prosecutor. The plaintiff, bringing suit pro se, sought compensatory and punitive damages plus special damages for future legal fees. The plaintiff specifically claimed that the defendants violated his Second and Fourteenth Amendment rights by attempting to break in and enter his home, threatening to imprison him, fabricating stories to have him incarcerated, and asserting false criminal charges, which led to plaintiff spending three months and five days in county jail. The district court denied the defendant’s and plaintiff’s motions for summary judgment. In Dec. 2014, the Third Circuit affirmed the district court’s decision to deny summary judgment. Settlement discussions have since been unsuccessful and the case is ongoing in the district court.
View Case Detail (PC-NJ-0023)


CASE ADDITIONS
December 1, 2019
Doe v. Meachum
Case Category: Prison Conditions
Trial Docket: 88-562 (D. Conn.)
PC-CT-0005
On August 15, 1988, prisoners brought a class action suing the Connecticut Department of Corrections for the quality of care and confidentiality provided to inmates coping with AIDS. The prisoners were granted class action status and then were granted a consent judgment in 1990 which provided for an Agreement Monitoring Panel to ensure compliance with the consent judgment. Monitoring of compliance may continue, but there has been no recent activity on the docket as of December 2019.
View Case Detail (PC-CT-0005)


CASE ADDITIONS
December 1, 2019
Aref v. Holder
Case Category: Prison Conditions
Trial Docket: 1:10-cv-00539-RMU (D.D.C.)
PC-DC-0023
Five prisoners in the custody of the BOP filed suit in April, 2010 in the District Court for the District of Columbia alleging violations of their First, Fifth, and Eighth Amendment rights as well as a violation of the APA's notice and comment rulemaking requirement. The prisoners had been transferred to experimental "Communications Management Units," (CMUs), which restricted their ability to communicate and banned physical contact with visitors. The District Court granted summary judgment for the defendants, but the Court of Appeals reversed and remanded in part. As of December 2019, the district court dismissed the claim of one plaintiff who was deported upon release from BOP custody and continues to consider the remaining claim in light of the parties' cross-motions for summary judgment.
View Case Detail (PC-DC-0023)


CASE ADDITIONS
November 30, 2019
Jewish Family Service of Seattle v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 2:17-cv-01707-JLR (W.D. Wash.)
IM-WA-0036
This action challenged the Trump Administration's third attempt since taking office at suspending the United States Refugee Admissions Program (the USRAP). On Nov. 29, 2017, this case was consolidated with Doe v. Trump. Further updates on this case may be found on the Doe page, available here.
View Case Detail (IM-WA-0036)


CASE ADDITIONS
November 30, 2019
Ave Maria University v. Sebelius
Case Category: Speech and Religious Freedom
Trial Docket: 2:13−cv−00630 (M.D. Fla.)
FA-FL-0003
In 2012, a Catholic liberal arts college filed a RFRA challenge to rules adopted under the 2010 Patient Protection and Affordable Care Act, arguing that the rules infringed on its religious freedom by requiring it to provide coverage for contraception through its group health insurance plan. In Oct. 2014, the Court granted the university a preliminary injunction against enforcement of the HHS contraception mandate. In Dec. 2014, this injunction was appealed by the defendants to the 11th Circuit where it was stayed pending rulings on similar litigation. In May 2016 the Supreme Court issued a decision in Zubik v. Burwell, recognizing the need for government policy to balance religious objections to the ACA contraceptive mandate with providing full access to healthcare for coverage. The case was relatively dormant until the Trump Administration changed government policy removing the contraception coverage requirement for employers. Following this change in policy the defendants dismissed their appeal. On June 22, 2018, the plaintiffs filed for permanent injunction and declaratory relief. The court granted this motion on July 11, 2018 and issued a permanent injunction. The case is now closed.
View Case Detail (FA-FL-0003)


CASE ADDITIONS
November 30, 2019
Frank v. Walker
Case Category: Election/Voting Rights
Trial Docket: 2:11-cv-01128-LA (E.D. Wis.)
VR-WI-0017
In 2011 voters in Wisconsin filed this lawsuit in the US District Court for the Eastern District of Wisconsin. The plaintiffs alleged that their fundamental right to vote had been violated by Act 23, Wisconsin's law implementing a voter ID requirement. After much litigation, in 2016 a judge granted a preliminary injunction allowing voters without IDs to sign an affidavit in place of the ID requirement for the 2016 presidential election. The state appealed the injunction to the Seventh Circuit. The Seventh Circuit stayed the injunction pending the appeal. As of December 2019, the appeal remained pending in the Seventh Circuit.
View Case Detail (VR-WI-0017)


CASE ADDITIONS
November 30, 2019
Louisiana College v. Sebelius
Case Category: Speech and Religious Freedom
Trial Docket: 12-cv-00463 (W.D. La.)
FA-LA-0002
On February 18, 2012, Louisiana College filed a lawsuit in the Western District of Louisiana against the Federal Government, seeking to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. On August 14, 2014, the court granted, in part, plaintiff's motion for summary judgment, finding that the plaintiff's rights granted by the Religious Freedom and Restoration Act had been violated. After the defendant appealed to the 5th Circuit, an order was issued identical to that issued in Zubik v. Burwell, instructing the parties to reach an agreement that accommodated plaintiff's religious exercise while insuring coverage for affected employees. The case sat without any meaningful action until January 5, 2018 when the appeal was voluntarily dismissed by the defendants, ostensibly due to ongoing similar litigation. The plaintiffs then filed for a permanent injunction and court declaration essentially reaffirming the court's August 13th, 2014 ruling. The courts denied the motions on March 13, 2019, as they found their previous ruling final, and any repetition of it unnecessary.
View Case Detail (FA-LA-0002)


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


CASE ADDITIONS
November 28, 2019
United States v. Indigo Investments, LLC
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 1:09-cv-00376-LG-RHW (S.D. Miss.)
FH-MS-0003
This fair housing case in the U.S. District Court for the Southern District of Mississippi was brought in June 2009 by the United States, against the owner and managers of a 98-lot mobile home park located in Gulfport, Mississpppi. The defendants had leased lots to the the Federal Emergency Management Agency (FEMA), to house persons displaced by Hurricane Katrina. The plaintiff claimed that the site's management applied various park rules more harshly against African-American tenants, openly made racial slurs, declared that they didn't want any African-American residents living at the park, and generally harassed and intimidated black tenants. After District Judge Louis Guirola denied defendants' motions for summary judgment, the parties agreed to a three-year settlement. The agreement contained detailed provisions regulating the conduct of the defendant owner in the event it re-entered the rental real estate business, including notice to the Plaintiff, fair housing training, notice provisions, non-discrimination policies, detailed reporting and recordkeeping requirements to allow the plaintiff to monitor its compliance, and consent to periodic compliance testing. The agreement also awarded $45,000 in monetary damages to 12 named aggrieved persons, $45,000 to the plaintiff, and a $5,000 civil penalty. The case closed on January 18, 2011.
View Case Detail (FH-MS-0003)


CASE ADDITIONS
November 27, 2019
Clark v. California
Case Category: Prison Conditions
Trial Docket: 3:96-cv-01486-CRB (N.D. Cal.)
PC-CA-0005
In 1996, two prisoners with developmental disabilities, incarcerated in California Department of Corrections (CDC) facilities, filed a class action lawsuit n the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act (RA), against the CDC. The plaintiffs claimed that the defendants discriminated against them because of their disabilities, that their living conditions constituted cruel and unusual punishment and that the defendants had deprived them of due process. The parties agreed to settlements in 1998 and 2002 in which the defendants agreed to improve conditions. The defendants are still working to comply with the settlement.
View Case Detail (PC-CA-0005)


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


CASE ADDITIONS
November 27, 2019
Timberlake v. Buss [Donahue]
Case Category: Criminal Justice (Other)
Trial Docket: 06-1859 (S.D. Ind.)
CJ-IN-0002
On December 26, 2006, a prisoner at the Indiana State Prison filed a lawsuit under 42 U.S.C. § 1983 against the Indiana Department of Corrections in the U.S. District Court for the Southern District of Indiana. The plaintiff alleged that his constitutional rights were threatened by the defendants' use of the combination of three chemicals during lethal injection, which he believed would allow him to be conscious and subject to extreme pain and torture in violation of this Eighth Amendment right to be free from cruel and unusual punishment. After two plaintiffs joined the action, the defendants were awarded summary judgement on August 16, 2007. The plaintiff appealed the decision, however, the Circuit Court remanded the case with the direction to dismiss after the plaintiff died. The case is now closed.
View Case Detail (CJ-IN-0002)


CASE ADDITIONS
November 26, 2019
Americans United for Separation of Church and State v. Prison Fellowship Ministries
Case Category: Prison Conditions
Trial Docket: 4:03-cv-90074-RP-TJS (S.D. Iowa)
PC-IA-0025
In February 2003, prisoners sued the Iowa Department of Corrections (DOC) and the State of Iowa in the Southern District of Iowa for violating the First Amendment's Establishment Clause. The plaintiffs alleged that the DOC paid pre-release rehabilitation services based on Evangelical Christianity. Suing under 42 U.S.C. § 1983, the plaintiffs sought declarative and injunctive relief as well as damages. Proceeding amended complaints set out numerous specific practices in which Christian teachings and beliefs were explicitly a part of the rehabilitative services, asserted that participation in the program was pre-conditioned upon acceptance of Christian teachings, and noted that parole recommendations were made with input from the operators of the overtly Christian rehabilitative program. The plaintiffs sought a complete prohibition on state funding of this religious-based program or, alternatively, establishment of equivalently funded rehabilitation programs available to prisoners not participating in the InnerChange program. The plaintiffs prevailed at a bench trial but defendants appealed to the U.S. Circuit Court of Appeals for the Eighth Circuit. The Circuit court's opinion affirmed the district court's ruling in all but two respects: (1) the non-prisoner contributors to the prisoners' telephone fund lacked standing to sue, and (2) it had been an abuse of discretion for the lower court to grant recoupment for services rendered prior to its June 2, 2006 order. The court remanded the case for further proceedings. Back in district court, Judge Pratt granted a joint motion on August 22, 2008 requiring the defendants to pay $20,000 in a settlement agreement plus attorney's fees. The court retained jurisdiction over enforcement of the settlement agreement through September 2008 and the case has since closed.
View Case Detail (PC-IA-0025)


CASE ADDITIONS
November 25, 2019
Haldane v. Hammond
Case Category: Prison Conditions
Trial Docket: 2:15-cv-01810-RAJ-MAT (W.D. Wash.)
PC-WA-0026
Washington state prisoners with serious medical problems sued the Washington Department of Corrections for failing to provide adequate medical care. The plaintiffs believed that the DOC applied the term "medically necessary" too narrowly and denied immediate care and that decisions to provide outside treatment are decided arbitrarily, without medical justification. The plaintiffs sought class action certification but Judge Richard A. Jones denied the certification on September 18, 2017 on the grounds that the proposed class lacked commonality. The Ninth Circuit Court of Appeals denied an appeal by the plaintiffs later that year. Between June 2018 and March 2019, each remaining plaintiff filed to dismiss himself as a party. As a result, the court closed the case on March 27, 2019 when no plaintiffs remained.
View Case Detail (PC-WA-0026)


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


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


CASE ADDITIONS
November 24, 2019
Zaborowski v. Sheriff of Cook County
Case Category: Jail Conditions
Trial Docket: 1:08-cv-06946 (N.D. Ill.)
JC-IL-0046
A group of pregnant women previously incarcerated at the Cook County jail in Chicago, Illinois at the time they gave birth filed this class action against Cook County in December of 2008. The plaintiffs claimed that the policy of shackling women to an obstetric table before and during labor, as well as for days after they have given birth, with no allowance for breaks to walk or use the bathroom violated their constitutional rights. The case settled in May 2012 for 4.1 million dollars. The case is now closed.
View Case Detail (JC-IL-0046)


CASE ADDITIONS
November 24, 2019
Willis v. Indiana Dept. of Correction
Case Category: Prison Conditions
Trial Docket: 1:09-cv-00815-JMS-DML (S.D. Ind.)
PC-IN-0022
In 2009, an Orthodox Jewish prisoner filed this class action complaint in the U.S. District Court for the Southern District of Indiana. Plaintiffs alleged that the Indiana Department of Correction (DOC)'s denial of kosher meals to prisoners whose religion requires them to keep kosher violated their First Amendment rights and the Religious Land Use and Institutionalized Persons Act (RLUIPA). In 2010, injunctive and declaratory relief was granted in favor of the plaintiff on summary judgment, requiring that the DOC provide certified kosher meals to all inmates requesting them for religious reasons. When ongoing violations occurred, a contempt motion was brought against the DOC in 2016, but the parties reached a private settlement agreement. The court continued to receive letters in 2017 from prisoners alleging noncompliance, but the court did not reopen the case. The terms of the agreement ended in July 2019 and the case closed.
View Case Detail (PC-IN-0022)


CASE ADDITIONS
November 24, 2019
Paszko v. O'Brien
Case Category: Prison Conditions
Trial Docket: 1:15-cv-12298 (D. Mass.)
PC-MA-0042
In 2015, Massachusetts prisoners infected with the Hepatitis C virus filed this class action lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued Massachusetts Department of Correction and the Massachusetts Partnership for Correctional Healthcare, LLC under 42 U.S.C. §1983 for violation of the Eighth Amendment, claiming that defendants were deliberately indifferent to the serious medical needs of plaintiffs and members of the class infected with the Hepatitis C virus. The parties announced their intent to settle on February 9, 2018 and submitted an agreement the following month. Judge Groton approved the settlement on June 28, 2018. The court will continue to enforce the settlement agreement until December 2020.
View Case Detail (PC-MA-0042)


CASE ADDITIONS
November 24, 2019
Ashker v. Brown
Case Category: Prison Conditions
Trial Docket: 4:09-cv-05796 (N.D. Cal.)
PC-CA-0054
In 2009, California prisoners in solitary confinement filed this class action in the United States District Court for the Northern District of California. Plaintiffs alleged that being held in solitary confinement for more than a decade violates the Eighth Amendment, and that the assignment procedures lack sufficient due process. In 2015, the parties settled the case, and the CDC agreed to significant changes in solitary confinement policies. The settlement is ongoing with continued litigation over its extensions.
View Case Detail (PC-CA-0054)


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


CASE ADDITIONS
November 23, 2019
Issa v. School District of Lancaster
Case Category: Immigration and/or the Border
Trial Docket: 5:16-cv-03881-EGS (E.D. Pa.)
IM-PA-0013
On July 19, 2016, limited-English-proficient ("LEP") immigrants who, while aged 17-21, were, are, or may be in the future denied their right to equal educational opportunities and meaningful public education, brought a class-action lawsuit in the Eastern District of Pennsylvania against the School District of Lancaster. The plaintiffs sued under the Equal Education Opportunity Act and Section 601 of the Title VI of the Civil Rights Act of 1964, alleging that the defendant has a custom, practice, and policy of refusing to admit older immigrant LEP students into the District's regular high school, McCaskey, which has an International School specially tailored to the academic needs for new students in need of language supports and accommodations. Specifically, the plaintiffs claimed that the District either refused to admit them altogether, or assigned them to an "alternative" school, Phoenix Academy, a school for underachieving students which runs more like a disciplinary school than a traditional public high school. Moreover, Phoenix Academy lacks adequate and appropriate supports of immigrant LEP students, and is academically inferior by all measures and offers no extra-curricular opportunities. U.S. District Court Judge has granted the plaintiffs' motion for preliminary injunction, in part, but has denied the plaintiffs' motions for class certification without prejudice. The court approved a consent decree in 2017, which expired in June 2019.
View Case Detail (IM-PA-0013)


CASE ADDITIONS
November 23, 2019
San Jose v. Ross
Case Category: Public Benefits / Government Services
Trial Docket: 3:18-cv-02279 (N.D. Cal.)
PB-CA-0051
Plaintiffs sued the US Department of Commerce to prevent the Census Bureau from including a citizenship question on the 2020 Census. After trial, Judge Seeborg enjoined the defendants from including the citizenship question on the 2020 Census. The defendants appealed to the Ninth Circuit and filed a petition for writ of certiorari before judgment. The Supreme Court issued its opinion in another case about the census, Department of Commerce v. New York, and affirmed the district court's judgment that the citizenship question violated the APA. The Supreme Court vacated the judgment and remanded the case for further consideration in light of its decision in Department of Commerce v. New York. Back in the district court, Judge Seeborg permanently enjoined the defendants from including the citizenship question and retained jurisdiction over the matter until the 2020 Census results are reported to the President by December 31, 2020.
View Case Detail (PB-CA-0051)


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


CASE ADDITIONS
November 22, 2019
Samuel v. Signal International, LLC
Case Category: Immigration and/or the Border
Trial Docket: 1:13-cv-00323 (E.D. Tex.)
IM-TX-0035
On May 21, 2013, 17 Indian guestworkers filed suit in E.D. Tx. for harm suffered as a result of an allegedly fraudulent and coercive employment recruitment scheme. In July 2015, the Court ordered to stay the case due to Signal's bankruptcy, with status reports on the proceedings due every 120 days. On February 5, 2019, the bankruptcy proceedings closed and the parties are still submitting status reports as to when the funds will be disbursed.
View Case Detail (IM-TX-0035)


CASE ADDITIONS
November 22, 2019
Meganathan v. Signal International, LLC
Case Category: Immigration and/or the Border
Trial Docket: 1:13-cv-00497 (E.D. Tex.)
IM-TX-0037
On August 7, 2013, four Indian guestworkers filed suit in E.D. Tx. for harm suffered as a result of an allegedly fraudulent and coercive employment recruitment scheme. In July 2015, the Court ordered to stay the case due to Signal's bankruptcy, with status reports on the proceedings due every 120 days. The bankruptcy case closed on February 5, 2019, but the case remains open with no updates.
View Case Detail (IM-TX-0037)


CASE ADDITIONS
November 22, 2019
State of California v. U.S. Department of Justice
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-00805-JCS (N.D. Cal.)
IM-CA-0114
The State of California filed this suit on February 7, 2018, seeking to compel the U.S. Department of Justice (DOJ) to produce records under the Freedom of Information Act (FOIA). The State sought records related to DOJ's recent decision to impose certain immigration enforcement related conditions that local jurisdictions must meet to receive federal funding. On August 13, 2019, the case settled.
View Case Detail (IM-CA-0114)


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


CASE ADDITIONS
November 22, 2019
Al Otro Lado v. Kelly
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-02366-BAS-KSC (S.D. Cal.)
IM-CA-0092
In 2017, asylum seekers from Mexico and Honduras filed this class-action lawsuit in the U.S. District Court Central District of California. The plaintiffs alleged that they arrived at a port of entry at the U.S.-Mexico border seeking asylum but were prevented from accessing the U.S. asylum process by CBP officials. On November 21, 2017, the case was transferred to the District Court for the Southern District of California. On September 26, 2019, the plaintiffs filed a motion to provisionally certify the class, which was granted on November 19, 2019. The case is ongoing.
View Case Detail (IM-CA-0092)


CASE ADDITIONS
November 22, 2019
NAACP v. Merrill
Case Category: Criminal Justice (Other)
Trial Docket: 3:18-cv-01094 (D. Conn.)
CJ-CT-0001
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 defendants filed a motion to dismiss, which was denied and then appealed to the Second Circuit. On appeal, the denial was affirmed but the case was remanded to be heard by a three-judge panel. The case is still ongoing.
View Case Detail (CJ-CT-0001)


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


ARTICLES THAT USE THE CLEARINGHOUSE
November 21, 2019
De-Policing
Cornell L. Rev.
Date: March 2017
By: Stephen Rushin & Griffin Edwards (University of Illinois College of Law Faculty)
102 Cornell L. Rev. 721-782
Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of ...
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CASE ADDITIONS
November 21, 2019
Yourke v. City & County of San Francisco
Case Category: Jail Conditions
Trial Docket: 3:03-cv-03105-CRB (N.D. Cal.)
JC-CA-0051
In July 2003, Plaintiff filed this §1983 action against San Francisco in the U.S. District Court for the Northern District of California. Represented by private counsel, plaintiff alleged that he was subjected to false arrest and transported to the County Jail, where he was subjected to a strip search in violation of the Fourth and Fourteenth Amendments to the U.S. Constitution and California state law. The Court (Judge Charles R. Breyer) eventually found for Defendants. This was a companion case to Bull v. City and County of San Francisco, No. C 03-1840 CRB (N.D. Cal.) [see JC-CA-0007].
View Case Detail (JC-CA-0051)


CASE ADDITIONS
November 21, 2019
United States v. Rhode Island and City of Providence
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 1:13-cv-00442 (D.R.I.)
DR-RI-0004
On June 13, 2013, the Disability Rights Section of the United States Department of Justice's Civil Rights Division filed a lawsuit in the U.S. District Court for the District of Rhode Island lawsuit against the State of Rhode Island and City of Providence, Rhode Island including the Providence Public School Department, under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134. The United States asked the court for declaratory and injunctive relief, alleging that the defendants violated Title II of the ADA by unnecessarily segregating 90 individuals with intellectual and developmental disabilities (I/DD) and placing 85 individuals with I/DD at risk of the same unnecessary segregation in sheltered workshops and adult day programs. On the same day, the parties entered into an eight-year interim settlement agreement where the defendants agreed to stop funding new admissions to sheltered workshop and segregated day programs, agreed to provide services to transition both students and those individuals in segregated settings to more integrated employment and non-employment settings, agreed to provide students with all opportunities to earn high school diplomas and participate in state employment services after their 18th birthday, agreed to appoint a monitor and agreed that the City of Providence would stop using sheltered workshops as part of its high school curriculum for students with I/DD. As of November 21, 2019, monitoring is ongoing.
View Case Detail (DR-RI-0004)


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


CASE ADDITIONS
November 20, 2019
ACLU of Oregon v. U.S. Department of Homeland Security
Case Category: National Security
Trial Docket: 3:17-cv-00575-HZ (D. Or.)
NS-OR-0005
On April 12, 2017, the ACLUs Oregon, Alaska, Colorado, Idaho, and Wyoming filed this suit under the Freedom of Information Act (FOIA).This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection implemented President Trump's January 27 and March 6 Executive Orders that ban admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The parties filed a stipulation of dismissal with prejudice and the court approved the dismissal on February 26, 2019. This case is closed.
View Case Detail (NS-OR-0005)


CASE ADDITIONS
November 20, 2019
T.H. v. Dudek
Case Category: Public Benefits / Government Services
Trial Docket: 0:12-cv-60460-CI (S.D. Fla.)
PB-FL-0007
On March 13, 2012, plaintiffs (represented by private counsel and by the FSU College of Law Public Interest Law Center, and the North Florida Center For Equal Justice) filed this lawsuit in the Southern District of Florida, seeking to compel the state to provide services that will allow them to live in their homes and communities, rather than institutionalizing them in geriatric nursing homes. They also demanded the state cease the practice of denying or reducing Plaintiffs' services at recertification where there has been no change in the medical necessity of such services, and to award compensatory services to the Plaintiffs to remediate conditions that have resulted from past failures to provide medically necessary services. The case was consolidated with a DOJ case against Florida alleging they had violated the ADA when they unnecessarily segregated and institutionalized disabled children. The Plaintiffs against sought class certification due their claims becoming moot once they aged out of the Medicaid program, but this certification was dismissed. Plaintiffs were slowly dismissed for mootness due to this with the court finally fully dismissing the remaining Plaintiffs for mootness on June 9, 2017. The Plaintiffs appealed to the 11th Circuit which affirmed the District Court's ruling on May 16, 2019. Concurrently, in the consolidated DOJ case the United States was dismissed due to the District Court finding that the Attorney General could not sue under Title II of the ADA. However, the United States appealed to the 11th Circuit and on September 17, 2019, the court reversed the dismissal finding that the United States was privy to all legal means of enforcement and remanded the case for further proceedings.
View Case Detail (PB-FL-0007)


CASE ADDITIONS
November 19, 2019
Moussouris v. Microsoft Corporation
Case Category: Equal Employment
Trial Docket: 2:15-cv-01483 (W.D. Wash.)
EE-WA-0132
On September 16, 2015, the plaintiff, a former female technical employee, filed this class action against the defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e). The plaintiff alleged that as a result of defendant’s policies, patterns, and practices, female technical employees received less compensation and were promoted less frequently than their male counterparts. The court eventually denied class certification, and on July 11, 2018 partially granted the defendants summary judgement motion on the issue of state punitive damages. The plaintiffs have appealed both orders to the 9th Circuit and the case is ongoing as of November 19, 2019.
View Case Detail (EE-WA-0132)


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


CASE ADDITIONS
November 19, 2019
United States v. TK Properties
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 4:09-cv-04153-KES (D.S.D.)
FH-SD-0003
The United States filed a lawsuit in the District of South Dakota on October 15, 2009 under the Fair Housing Act of 1988, 42 U.S.C. §§3601-3631, against the owner of a 48 unit apartment complex and its property managers. The U.S. sought injunctive, declaratory, and monetary relief and civil penalties, alleging that the managers frequently used racial slurs to refer to black tenants, threatened them with eviction without cause, filed false police reports, turned off heat, threatened assault, and retaliated when complainants took their complaint to the owners and to the Housing Commission. The Complaint alleged that the owners knew of the managers' behavior and did nothing to stop it. On December 21, 2010, the parties settled the claim against the owners resulting in a three-year injunction with anti-discrimination policy, advertising, training, and monitoring provisions, as well as $30,000 in damages and penalties. The manager defendants defaulted and were ordered to pay $15,000 each in penalties, and prohibited from operating any housing entity covered by the Fair Housing Act.
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
National Security, Immigration and the Muslim Bans
Washington and Lee Law Review
Date: Summer 2018
By: Shoba Sivaprasad Wadhia (Penn State Law, University Park)
75 Wash. & Lee L. Rev. 1475-1506
National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
The Legal Impact of Emerging Governance Models on Public Education and Its Office Holders
The Urban Lawyer (American Bar Association)
Date: 2013
By: Robert A. Jr. Garda & David S. Doty (Loyola University of New Orleans College of Law)
45 Urb. Law. 21-50
The idea that changing the formal structure of governance can lead to better schools is rooted in American political and intellectual history. Politicians, career educators, parents, business leaders, and investors continue to wrangle over the control of public schools all across the country. With ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Sua Sponte Actions in the Appellate Courts: The Gorilla Rule Revisited
Bowen Law Repository: Scholarship & Archives
Date: 2016
By: Ronald J. Offenkrantz & Aaron S. Lichter (University of Arkansas at Little Rock William H. Bowen School of Law)
17 J. App. Prac. & Process 113-140
This article builds on prior scholarship by arguing that allowing an appellate court to reach out and grant relief not requested, based on arguments not made, both disserves the litigants and exercises a power that appellate courts should be loath to use, and by focusing attention on recent cases ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Wal-Mart Matters
Wake Forest Law Review
Date: 2011
By: Lesley Wexler (University of Illinois College of Law)
46 Wake Forest L. Rev. 95-121
Wal-Mart is the largest private employer in the United States, with more than one million current employees. Its employment practices directly affect over one percent of the American workforce. Moreover, other retailers often strive to replicate Wal-Mart’s practices. If employment discrimination ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Feminism and the (Trans)gender Entrapment of Gender Nonconforming Prisoners
University of California, Los Angeles
Date: Winter 2012
By: Julia C. Oparah (University of California, Los Angeles - Women's Law Journal)
18 UCLA Women's L.J. 239-271
This article explores the challenges for feminism presented by Bakari’s experiences of gender violence in and out of the prison system. Beginning in the midst of the second wave women’s liberation movement, feminist scholars in the U.S., U.K. and Canada began to critique what they named “ ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Case Refusal: A Duty for a Public Defender and a Remedy for All of a Public Defender's Clients
Washington University Law Review
Date: 2017
By: Stephen F. Hanlon (University of Washington School of Law)
Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness among them. All of these arguments are based on the idea that a public defender elects to labor under an excessive caseload ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Discriminatory Effects of Credit Scoring on Communities of Color
Suffolk University Law Review
Date: 2013
By: Lisa Rice & Deidre Swesnik (Suffolk University Law School)
46 Suffolk U. L. Rev. 935-966
This Article focuses primarily on the use of credit scores by lenders, not other industries. It provides an abbreviated overview of other critical issues facing consumers in regard to credit scoring and reporting. These issues are significant and help to demonstrate the urgent need to reform this ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Caged in: The Devastating Harms of Solitary Confinement on Prisoners with Physical Disabilities,
American Civil Liberties Union
Date: January 2017
By: Jamelia N. Morgan (University of Connecticut School of Law)
24 Buff. Hum. Rts. L. Rev. 81-177
This report draws from interviews with currently and formerly incarcerated people with disabilities, disability rights advocates, prisoner rights’ advocates, medical experts, legal scholars, and correctional officials and examines the conditions of confinement, harms, and challenges facing ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Bars to Justice: The Impact of Rape Myths on Women in Prison
Georgetown Journal of Gender and the Law
Date: 2016
By: Hannah Brenner et al. (California Western School of Law)
17 Geo. J. Gender & L. 521-573
This article stems from a National Science Foundation-funded interdisciplinary research project that addresses a major gap in understanding the reporting of sexual victimization in prison and the confluence of factors that contribute to the ineffectiveness of internal laws and policies. As a basis ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Executive Disorder: The Muslim Ban, Emergency Advocacy, and the Fires Next Time
Michigan Journal of Race & Law
Date: Spring 2017
By: Abed Ayoub & Khaled Beydoun (American Arab Anti-Discrimination Committee)
22 Mich. J. Race & L. 215-241
On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the “Muslim Ban.” The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Puerto Ricans: The Inequality of Equals through Time
Revista Juridica de la Universidad Interamericana de Puerto Rico
Date: 2015
By: Rene Pinto-Lugo (Universidad Interamericana de Puerto Rico)
50 Rev. Juridica U. Inter. P.R. 153-169
Since 1901, a series of United States Supreme Court decisions known as the Insular Cases, reflect the interpretation, at different times after the U.S. occupation of Puerto Rico in 1898, of the extent to which the Constitution of the United States applies to its possessions/territories. Essentially, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
The Cities, Government, Law, and Civil Society
Florida State University Law Review
Date: 2018
By: Heidi Li Feldman (Georgetown University Law Center )
45 Fla. St. U. L. Rev. 615-640
Cities often exemplify how government and law can enable civil society and all those encompassed by it. They show how government can promote and amplify collective action, not only at the local level but even at the international one. In the United States today, governments can and do provide ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Cosmopolitan Democracy and the Detention of Immigrant Families
University of Miami School of Law Institutional Repository
Date: 2017
By: Rebecca Sharpless (University of Miami School of Law)
47 N.M. L. Rev. 19-63
This Article employs the cosmopolitan political theory of Seyla Benhabib as a framework for understanding the U.S. government’s shifting decisions about family detention and immigration policy more generally. Although Benhabib is a leading political theorist, few have used her work to analyze ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Race, Policing, and Technology
North Carolina Law Review
Date: May 2017
By: I. Bennett Capers (University of North Carolina School of Law)
95 N.C. L. Rev. 1241-1292
This Essay argues that if we truly care about making policing egalitarian and fair to everyone, then that could mean more policing, not less. It advocates harnessing technology, including surveillance technology, to help deracialize policing. This turn to technology will not be cost free. Indeed, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Aging Injucntions and the Legacy of Institutional Reform Litigation
Vanderbilt Law Review
Date: January 2017
By: Jason Parkin (Vanderbilt University Law School)
70 Vand. L. Rev. 167
Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court’s ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
The Failure of Education Federalism
University of Michigan Journal of Law Reform
Date: 2017
By: Kristi L. Bowman (Michigan State University College of Law)
51 U. Mich. J.L. Reform 1
Since the Great Recession of 2007–09, states have devoted even less money to public education and state courts have become even more hostile to structural reform litigation that has sought to challenge education funding and quality. Yet the current model of education federalism (dual federalism) ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Series on Solitary Confinement & the Eighth Amendment: Article I of III
University of Pennsylvania Journal of Constitutional Law
Date: February 2019
By: Andrew Leon Hanna (University of Pennsylvania Law School)
21 U. Pa. J. Const. L. Online 1-22
Federal district courts have in recent years shown an increased willingness to question solitary confinement’s permissibility under the Eighth Amendment’s ban on cruel and unusual punishment, starting with particularly harsh forms of confinement against particularly vulnerable groups of people ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Epiphenomenal Indigent Defense
Missouri Law Review
Date: Summer 2010
By: Darryl K. Brown (University of Missouri School of Law)
75 Mo. L. Rev. 907-930
There are some much-studied, recurring social events and behaviors that, although centrally important to public policy and social life, have proven intractable to explanation and prediction. As currently salient examples, consider stock market crashes and recessions. Economists cannot consistently ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Judges Need to Exercise Their Responsibility to Require That Eligible Defendants Have Lawyers
Hofstra Law Review
Date: 2017
By: Robert C. Boruchowitz (Seattle University School of Law)
46 Hofstra L. Rev. 35-62
There are many courts in the United States, particularly misdemeanor courts, in which accused persons appear and often plead guilty without ever receiving the advice of counsel, even when they are eligible for a public defender. In various states, between twenty-five and sixty-eight percent of the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Profiling, Information Collection and the Value of Rights Argument
Washington Law Review
Date: February 2003
By: Alan Rubel (University of Washington School of Law)
32 Crim. Just. Ethics 210-230
In the United States and elsewhere, there is substantial controversy regarding the use of race and ethnicity by police in determining whom to stop, question, and investigate in relation to crime and security issues. In the ethics literature, the debate about profiling largely focuses on the nature ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Kim Davis and the Quest for a Judicial Accommodation
Faulkner Law Review
Date: Fall 2015
By: Jeffrey B. Hammond (Thomas Goode Jones School of Law)
7 Faulkner L. Rev. 105-128
The Kim Davis case was the subject of the foregoing presentation at the Faulkner Law Review Symposium on October 16, 2015. Events subsequent to the Symposium have changed the tenor of the remarks set forth below. Late in 2015, Matt Bevin was sworn in as the new governor of the Commonwealth of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Gideon's Ghost: Providing the Sixth Amendment Right to Counsel in Times of Budgetary Crisis
Michigan State Law Review
Date: 2010
By: Heather Baxter (Michigan State University College of Law)
2010 Mich. St. L. Rev. 341
This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. The landmark case of Gideon v. Wainwright required states, under the Sixth Amendment, to provide free counsel to indigent ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Racism in the Credit Card Industry
North Carolina Law Review
Date: 05/01/2017
By: Andrea Freeman (University of North Carolina School of Law)
95 N.C. L. Rev. 1071-1160
In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, employment, health, and education. Over several decades, credit ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Postscript to Hobby Lobby: Prescription for Accommodation or Overdose
DePaul Journal of Women, Gender and the Law
Date: Spring 2016
By: Paula Walter (DePaul University College of Law)
5 DePaul J. Women Gender & L. 1-23
The debate in Congress, preceding the passage of the Patient Protection and Affordable Care Act (ACA), unfurled an inquiry into the nature of healthcare in the United States and the role of the government in its delivery. The ACA was enacted into law in 2010 without Republican congressional ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 18, 2019
Sexual Violence as an Occupational Hazard & Condition of Confinement in the Closed Institutional Systems of the Military and Detention
Pepperdine Law Review
Date: 2017
By: Hannah Brenner, Kathleen Darcy & Sheryl Kubiak (Pepperdine School of Law)
44 Pepp. L. Rev. 881-956
Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid ...
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CASE ADDITIONS
November 18, 2019
Brown v. Snyder
Case Category: Public Benefits / Government Services
Trial Docket: 5:18-cv-10699 (E.D. Mich.)
PB-MI-0019
On November 2, 2017, five residents of Flint, MI filed this lawsuit in the Michigan Court of Claims. The plaintiffs sued the State of Michigan and many state employees for personal injuries and property damage arising out of the Flint Water Crisis. The plaintiffs sought declaratory relief, injunctive relief requiring the remediation of harm caused to plaintiffs, monitoring, compensatory damages, punitive damages, and attorneys’ fees and costs. Although initially filed in a Michigan state court, this case was removed by the defendants. This district court remanded the case and, after an unsuccessful appeal by the defendants to the Sixth Circuit, litigation is proceeding in state court.
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CASE ADDITIONS
November 18, 2019
Mendez Rojas v. Johnson
Case Category: Immigration and/or the Border
Trial Docket: 2:16-cv-01024 (W.D. Wash.)
IM-WA-0026
In 2016, asylum seekers filed this class action complaint in the U.S. District Court for the Western District of Washington. The plaintiffs alleged that DHS had failed to notify them of its one-year asylum application deadline and failed to implement mechanisms that guaranteed them the opportunity to timely submit asylum applications. In March 2018, the court granted the plaintiffs' motion for summary judgment. The defendants appealed the decision to the Ninth Circuit in May 2018, and the parties have since been participating in the Ninth Circuit's mediation program which facilitates settlement. This process is ongoing.
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Myths and Mechanics of Deterrence: The Role of Lawsuits in Law Enforcement Decisionmaking
University of California, Los Angeles Law Review
Date: 04/28/2010
By: Joanna C. Schwartz (University of California, Los Angeles School of Law)
57 UCLA L. Rev. 1023-1094
Judicial and scholarly descriptions of the deterrent power of civil rights damages actions rely heavily on the assumption that government officials have enough information about lawsuits alleging police officer misconduct that they can weigh the costs and benefits of maintaining the status quo. But ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
State Constitutional Challenges to Indigent Defense Systems
Missouri Law Review
Date: Summer 2010
By: Stephen F. Hanlon (University of Missouri School of Law)
75 Mo. L. Rev. 751-769
For many years, the primary vehicle that advocates used to protect the fundamental right of the accused to the effective assistance of counsel was the Sixth Amendment to the United States Constitution, as incorporated to the states by the Fourteenth Amendment. For some time, most obviously during ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Crazy in Alabama: Judicial Process and the Last Stand against Marriage Equality in the Land of George Wallace
Northwestern University Law Review
Date: 07/12/2015
By: Howard M. Wasserman (Northwestern Pritzker School of Law)
110 Nw. U. L. Rev. Online 1-17
On June 26, 2015, the Supreme Court of the United States ruled in Obergefell v. Hodges that prohibitions on same-sex marriage violate the Fourteenth Amendment. In hindsight, the decision seems inevitable, the culmination of a precisely two-year race towards marriage equality that began with the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Vetting Refugees: Is Our Screening Process Adequate, Humane, and Culturally Appropriate
The Federal Lawyer
Date: 05/03/2017
By: Sabrineh Ardalan (Federal Bar Association)
64 Fed. Law. 56-65
This article first provides a brief history of this country’s long-standing commitment to refugee protection. Next, it describes the legal standard applied in determining whether an individual is eligible for refugee protection, including bars to protection under U.S. law. The article then ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Traces of the Slave Patrol: Notes on Breed-Specific Legislation
Drexel Law Review
Date: 2018
By: P. Khalil Saucier (Drexel University Thomas R. Kline School of Law)
10 Drexel L. Rev. 673-693
This Article explores the ways in which antiblackness haunts nationwide breed-specific legislation of today. Dogs have long featured as a constitutive element in the antiblack dynamics of police power. Central to slave patrols of the past, dogs remain essential to current law enforcement practices ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Police Union Contracts
Duke Law Journal
Date: 2017
By: Stephen Rushin (Duke University School of Law)
66 Duke L.J. 1191-1266
This Article empirically demonstrates that police departments’ internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.

Policymakers have long relied on a handful of external legal mechanisms like ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
From Selma to Ferguson: The Voting Rights Act as a Blueprint for Police Reform
Search Results Featured snippet from the web Image result for california law review scholarship.law.berkeley.edu The California Law Review
Date: April 2017
By: Jason Mazzone & Stephen Rushin (University of California, Berkeley, School of Law)
105 Calif. L. Rev. 263-334
The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or localities, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Evaluating Section 14141: An Empirical Review of Pattern or Practice Police Misconduct Reform
Ohio State Journal of Criminal Law
Date: 2016
By: Joshua Chanin (Ohio State University Moritz College of Law)
14 Ohio St. J. Crim. L. 67-112
Section 14141 of the Violent Crime Act of 1994 fundamentally restructures the regulation of police behavior in the United States. Since the law’s passage, dozens of police departments have undergone lengthy and complex reforms designed to eliminate a pattern or practice of misconduct. Despite the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Fifty Years since Passage of the Fair Housing Act: Rent-To-Income Ratios in the Persistence of Residential Racial Segregation in Chicago
Search Results Web Result with Site Links The John Marshall Law Review
Date: Spring 2018
By: Amanda Insalaco (University of Illinois at Chicago John Marshall Law School)
51 J. Marshall L. Rev. 551-588
A vast discrepancy exists between instances of discrimination and the number of discrimination suits brought. Thus, this comment argues for policy changes to facilitate increased disparate impact litigation under the FHA and local and state ordinances, as well as the adoption of methods to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Section 8 Is the New N-Word: Policing Integration in the Age of Black Mobility
Washington University Journal of Law & Policy
Date: 2016
By: Norrinda Brown Hayat (University of the District of Columbia)
51 Wash. U. J.L. & Pol'y 61-93
This Article addresses the concept of black mobility within the context of Section 8 housing vouchers. Hayat explores the rise of racially coded language and its impact on racially discriminatory housing measures, highlighting the intersectionality between narratives of black criminality and the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
The Comparative Outputs of Magistrate Judges
Nevada Law Journal
Date: 09/26/2016
By: Christina L. Boyd (University of Nevada, Las Vegas - William S. Boyd School of Law)
16 Nev. L.J. 949-982
Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, ...
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CASE STUDIES
November 17, 2019
"Intimately Related to the Criminal Process: Examining the Consequences of a Conviction after Padilla v. Kentucky and State v. Sandoval"
Seattle Journal for Social Justice
Date: Spring/Summer 2011
By: Travis Stearns (Seattle University School of Law)
9 Seattle J. Soc. Just. 855-913
In 2010, the US Supreme Court held in Padilla v. Kentucky that effective assistance of counsel required that a criminal defense attorney provide affirmative advice for noncitizen clients who faced immigration consequences in their pleas or sentences.1 On March 17, 2011, the Washington State Supreme ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Honoring and Celebrating Myrna Raeder
Southwestern Law Review
Date: 04/13/2017
By: Brett Dignam (Southwestern Law School)
44 Sw. L. Rev. 496-507
Homage to the life and career of feminist legal scholar, Myrna Raeder. Concentration on Raeder's advocacy for women and survivors of sexual violence in the criminal justice system. *
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Non-Discrimination in Refugee and Asylum Law (against Travel Ban 1.0 and 2.0)
Georgetown Immigration Law Journal
Date: Spring 2017
By: Eunice Lee (Georgetown University Law School)
31 Geo. Immigr. L.J. 459-524
This article explores the tension between Executive Orders No. 13,769 and No. 13,780—colloquially known as “travel ban” 1.0 and 2.0—and the deep non-discrimination norms in refugee and asylum law. I engage in a close read of the legislative history of the Refugee Act of 1980; analyze the 195 ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Another Bite out of Katz: Foreign Intelligence Surveillance and the Incidental Overhear Doctrine
American Criminal Law Review
Date: Winter 2018
By: Elizabeth Goitein (Georgetown University Law Center)
55 Am. Crim. L. Rev. 105-125
Although the “reasonable expectation of privacy” test set forth in Katz represented a historic expansion of the Fourth Amendment’s right to privacy, it has few defenders among privacy scholars today. It is vulnerable to critique on a number of fronts: it is circular and gives courts little ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Public Defense Litigation: An Overview
Indiana Law Review
Date: 2018
By: Lauren Sudeall Lucas (Indiana University Maurer School of Law)
51 Ind. L. Rev. 89-110
The focus of this short Article is on how the courts can address and have addressed the failings of underfunded and structurally flawed indigent defense systems. More specifically, it explores lawsuits that identify systemic failures—such as underfunding, excessive caseloads, and inadequate ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Crafting Complaints and Settlements in Child Welfare Litigation
University of Pennsylvania Journal of Law and Social Change
Date: 2018
By: Zach Strassburger (University of Pennsylvania Law School)
21 U. Pa. J.L. & Soc. 219-265
Despite widespread criticism in legal scholarship bemoaning the inadequacies of institutional reform litigation, class-action lawsuits from public interest legal organizations have been the major driver of comprehensive child welfare reform over the past forty years. These legal claims are chaotic, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Trends in Prisoner Litigation, as the PLRA Enters Adulthood
University of Michigan Law School Scholarship Repository
Date: 2015
By: Margo Schlanger (University of Michigan Law School Faculty)
5 UC Irvine L. Rev. 153-178
The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich "Contract with America," is now as old as some prisoners. In the year after the statute's passage, some commenters labeled it merely "symbolic." In fact, as was evident nearly immediately, the PLRA undermined ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 17, 2019
Stealth Advocacy Can (Sometimes) Change the World
Michigan Law Review
Date: 2015
By: Margo Schlanger (University of Michigan Law School Faculty)
113 Mich. L. Rev. 897-916
Part I of this Review addresses the parenting-equality case study. I summarize Gash’s account and add to it the cautionary tale of the 2002 failure of stealth parenting-equality advocacy in Michigan. Part II addresses, more briefly, Gash’s group-home study. In Part III, I put Gash’s ...
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CASE ADDITIONS
November 17, 2019
EEOC v. ROCKET ENTERPRISE, INC.
Case Category: Equal Employment
Trial Docket: 2:06-CV-14319 (E.D. Mich.)
EE-MI-0135
The EEOC brought this suit in September of 2006, alleging sexual harassment and retaliation for complaining about the sexual harassment. The suit went to trial, where a jury found for the defendant in February of 2008. The EEOC voluntarily dismissed the suit on appeal and the case is now closed.
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CASE ADDITIONS
November 17, 2019
Guertin v. State of Michigan
Case Category: Public Benefits / Government Services
Trial Docket: 16-cv-12412 (E.D. Mich.)
PB-MI-0025
On June 27, 2016, two residents of Flint who bathed in and consumed lead contaminated water filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued various state entities, their employees, and private companies responsible for water testing and feasibility under 42 U.S.C. § 1983 and state law. The plaintiffs, represented by private counsel, sought general, compensatory and punitive damages, an order declaring the conduct unconstitutional, equitable relief and attorney’s fees. The plaintiffs claimed that the failure to provide safe drinking water and deliberate misinformation about the safety of the drinking water constituted state created danger, violation of bodily integrity, and deprivation of contractually created property rights. While the court dismissed most of the plaintiffs' claims, the Sixth Circuit allowed a narrow species of due process claims against individual government employees to proceed, and negligence claims against private companies also survived. The case is ongoing.
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CASE ADDITIONS
November 17, 2019
Westside Mothers v. Olszewski
Case Category: Public Benefits / Government Services
Trial Docket: 99-CV-73442-DT (E.D. Mich.)
PB-MI-0026
This class-action suit was filed in 1999 in the United States District Court for the Eastern District of Michigan. The plaintiffs, representing a class of one million low-income children, alleged that the state of Michigan's Medicaid system reimbursed doctors and dentists too little to ensure that they would be willing to treat patients on Medicaid. After two amended complaints and two appeals to the Sixth Circuit Court of Appeals, the parties agreed to a settlement in 2007. The agreement preserved significant expansions of the state’s program and major increases in rates paid to doctors and dentists for treating Medicaid patients, required the state to monitor children’s access to care, and provided for ongoing oversight of the state’s program by representatives of the plaintiffs. The case is now closed.
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CASE ADDITIONS
November 17, 2019
State of Washington v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 4:19-cv-05210-RMP (E.D. Wash.)
IM-WA-0043
In August of 2019, 14 states filed this suit in the United States District Court for the Eastern District of Washington. The DHS' Public Charge Rule, enacted in August of 2019, increases the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. It is alleged that the Public Charge Rule will result in harm to the Plaintiff States and its residents because it will deter legal residents from enrolling in basic benefit programs, out of fear of being determined a "public charge," and thus inadmissible for citizenship. District Court Judge Rosanna Peterson granted the Plaintiff States' Motion to Stay Pending Judicial Review and Preliminary Injunction, resulting in the Rule not being implemented as planned. The Defendants' appeal of this Order is pending judgment in the Ninth Circuit Court of Appeals.
View Case Detail (IM-WA-0043)


CASE ADDITIONS
November 17, 2019
EEOC v. Vivendi Universal Studios
Case Category: Equal Employment
Trial Docket: 2:03-cv-07023-GAF-JTL (C.D. Cal.)
EE-CA-0245
In September of 2003 the EEOC filed this lawsuit against Universal Pictures alleging discrimination on the basis of race. In March of 2005, the complainant intervened in the lawsuit. The intervenor and the defendant reached a confidential settlement on June 13, 2006. In October of 2007, the court granted defendant's motion for judgement as a matter of law. The EEOC appealed, and later voluntarily dismissed their appeal in June of 2008. The case is closed.
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CASE ADDITIONS
November 17, 2019
United States v. Hasbajrami
Case Category: National Security
Trial Docket: 1:11-cr-00623 (E.D.N.Y.)
NS-NY-0012
Summary/Abstract not yet on record
View Case Detail (NS-NY-0012)


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


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


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


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


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

The Federal Court of Appeals for the Sixth Circuit has ...
View Link Detail  


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


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


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


CASE ADDITIONS
November 13, 2019
Civil Rights Education and Enforcement Center v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-00302-RPM (D. Colo.)
IM-CO-0011
The Civil Rights Education and Enforcement Center (CREEC) filed this suit against DHS and ICE under FOIA, seeking information regarding substandard and abusive conditions of confinement against individuals detained at two immigration detention facilities. As of November 13, 2019, a possible settlement is in the works.
View Case Detail (IM-CO-0011)


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


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


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


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


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


ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Reforming Stop-and-Frisk
Criminology Crim. Just. L & Soc'y
Date: 2017
By: Henry F. Fradella & Michael D. White (Arizona State University Faculty)
18 Criminology Crim. Just. L & Soc'y, 45-64
Although stop-and-frisk has a long history as a policing tactic rooted in particularized, reasonable suspicion of criminal activity, several U.S. jurisdictions morphed stop-and-frisk into a broad and sometimes aggressive crime control strategy. The recent experiences in many jurisdictions ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
The Detainment of Families: Moral Implications Lacking in Legal Justifications
DePaul J. Soc. Just.
Date: 05/28/2016
By: Stephanie Costa
11 DePaul J. Soc. Just., 1-26
This paper contends that the three family detention facilities — South Texas Family Residential Center in Dilley, Texas, Karnes County Residential Center in Karnes City, Texas, and Berks County Family Residential Center in Leesport, Pennsylvania — are operating in violation of the Flores ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
The Constitutional Law of Incarceration, Reconfigured
Cornell L. Rev.
Date: January 2018
By: Margo Schlanger (University of Michigan Law School Faculty)
103 Cornell L. Rev., 357-436
Part I begins with a doctrinal history; prisoners’ rights precedents are unfamiliar to many, and the author summarizes the pre-Kingsley Supreme Court case law as it evolved over time. Even for those conversant with recent prisoners’ rights cases, the 1980s/90s doctrinal shift the author ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Juvenile Solitary Confinement: A Breach of International Law and Domestic Public Policy
Trinity L. Rev.
Date: Fall 2017
By: Karen DeSoto (New Jersey City University School of Business Faculty)
23, Trinity L. Rev., 1-8
In part I of this paper the author explores the history and development of solitary confinement. In part II the author discusses existing efforts to curb or ban juvenile solitary confinement. In part III the author reviews the international human rights standards for the treatment of juvenile ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
What Is a Church: Implied Consent and the Contraception Mandate
J. Contemp. Legal Issues
Date: 2013
By: Michael A. Helfand (Pepperdine University School of Law Faculty)
21 J. Contemp. Legal Issues, 401-426
This Article considers the “religious employer” exception to the “contraception mandate” – that is, the “preventative care” requirements announced by Department of Health and Human Services pursuant to the Patient Protection and Affordable Care Act. This exception has triggered ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
America's Conscience: The Rise of Civil Society Groups under President Trump
UCLA L. Rev.
Date: 09/30/2018
By: Matthew R. Segal
65 UCLA L. Rev., 1574-1589
Civil society groups have grown under the presidency of Donald Trump, and their new strength carries both opportunity and risk. The Trump administration has fueled these groups; its harsh and discriminatory policies have diminished the government’s integrity and constrained government lawyers to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Keeping the Mentally Ill out of Jail: Sheriffs as Litigants
Alb. Gov't L. Rev
Date: 05/01/2015
By: Mary Zdanowicz
8 Alb. Gov't L. Rev., 536-562
In March 2014, Congress convened a hearing titled “Where Have All the Patients Gone? Examining the Psychiatric Bed Shortage.” Cook County Sheriff Tom Dart testified “[s]ince becoming Sheriff in 2006, I have seen an explosion in the percentage of seriously mentally ill individuals housed in ...
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CASE ADDITIONS
November 12, 2019
Bostock v. Clayton County
Case Category: Equal Employment
Trial Docket: 1:16-CV-001460-ODE-WEJ (N.D. Ga.)
EE-GA-0114
This case addresses the scope of Title VII's ban on sex discrimination. A gay man filed this suit on May 5, 2016 against Clayton County, arguing that he was terminated from his employment there on the basis of his sexual orientation. In so doing, the plaintiff argued that the defendants discriminated against him on the basis of sexual orientation and so violated Title VII. The complaint was dismissed in the district court for failure to state a claim upon which relief can be granted. The 11th Circuit affirmed and refused to hear the case en banc. The case was taken up by the Supreme Court of the United States on April 22, 2019 and oral arguments occurred on October 8, 2019.
View Case Detail (EE-GA-0114)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
November 11, 2019
Oyez: Kennedy v. Mendoza-Martinez
https://www.oyez.org/cases/1961/2
Date: Nov. 11, 2019
(Cornell Legal Information Institute, Justia, Chicago-Kent College of Law)
Kennedy v. Mendoza-Martinez, Oyez, https://www.oyez.org/cases/1961/2 (last visited Nov 11, 2019).
This link provides a brief summary of the facts of the case, the issue presented, and the majority opinion in this case. The website also provides links to the parties' oral arguments.*
View Link Detail  


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


CASE ADDITIONS
November 11, 2019
Rosas v. Baca
Case Category: Jail Conditions
Trial Docket: 2:12-cv-00428-DDP-SH (C.D. Cal.)
JC-CA-0073
In 2012, prisoners in the Los Angeles County Jails filed this is a class action in the US District Court for the Central District of California. The plaintiffs alleged a long-standing and widespread pattern of violence and abuse by deputies against inmates and sought an injunction requiring training, supervision, and disciplinary policies for deputies. In 2015, the parties reached a settlement that required a detailed and far-reaching remedial plan. The case is ongoing with monitoring.
View Case Detail (JC-CA-0073)


CASE ADDITIONS
November 11, 2019
Black Parallel School Board v. Sacramento City Unified School District
Case Category: Education
Trial Docket: 2:19-at-00821 (E.D. Cal.)
ED-CA-0035
On September 5, 2019, the Black Parallel School Board and three students in the Sacramento City Unified School District (SCUSD) filed a lawsuit against the SCUSD. The suit alleged districtwide discrimination against students with disabilities, especially Black students. The plaintiffs claimed the discrimination segregates and denies students with disabilities a meaningful opportunity to be educated alongside their peers and excessively disciplines students for behaviors linked to their disabilities. The case is ongoing.
View Case Detail (ED-CA-0035)


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


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


ARTICLES THAT USE THE CLEARINGHOUSE
November 7, 2019
Am. Crim. L. Rev.
Date: 2010
By: Margo Schlanger (University of Michigan Faculty)
47 Am. Crim. L. Rev. 1421-1440
Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 7, 2019
For the Good of the Group: Using Class Actions and Impact Litigation to Turn Child Welfare Policy into Practice in Illinois
Child. Legal Rts. J.
Date: 2017
By: Emma McMullen (Loyola University Chicago School of Law Law Student)
37 Child. Legal Rts. J.236-252
This article will provide a brief history of the child welfare system nationally and within the state of Illinois. It will examine child welfare class action and impact litigation as an alternative to traditional legislative policy change in Illinois, focusing on four major efforts for reform: The ...
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CASE STUDIES
November 7, 2019
"Discouraging Voluntary Disclosure: EEOC v. C.R. England and Confidentiality Under the ADA"
Bringham Young University
Date: 2012
By: Jessica Jones (Brigham Young University Law Review)
Attorney Jessica Jones examines case law leading up to EEOC v. C.R. England and implications on voluntary disclosure under the Americans with Disabilities Act (ADA). Jones further discusses whether the Tenth Circuit Court of Appeals decision in favor of the defendant in EEOC v. C.R. England is ...
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CASE ADDITIONS
November 7, 2019
Afghan and Iraqi Allies v. Pompeo
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-01388-TSC (D.D.C.)
IM-DC-0051
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 followed earlier lawsuits filed in 2015 featuring individual plaintiffs who made substantially similar factual and legal allegations and won settlements from the government. On September 20, 2019, the court granted declaratory and injunctive relief, stating that the defendants’ delays in the processing and adjudication of the plaintiffs’ SIV applications are unreasonable in light of the RCIA and the AAPA. Afghan and Iraqi Allies Under Serious Threat Because of Their Faithful Service to the United States v. Pompeo, 2019 WL 4575565 (D.D.C.). The relief is contingent upon resolution of the class action certification dispute, which is still ongoing as of November 7, 2019.
View Case Detail (IM-DC-0051)


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


CASE ADDITIONS
November 7, 2019
Pugh v. Goord
Case Category: Prison Conditions
Trial Docket: 1:00-cv-07279-KMK (S.D.N.Y.)
PC-NY-0056
In July 2000, three prisoners in New York state prisons, filing pro se, sued officials of the New York State Department of Correctional Services ("DOCS") and prison ministerial program coordinators for violating their First and Fourteenth Amendments by not providing religious accommodations for Shiite Muslims. In July 2009, a settlement agreement was reached that awarded $6,000 in damages to two of the plaintiffs and created accommodations for incarcerated Shiite Muslims for, at minimum, January 2009-January 2012.
View Case Detail (PC-NY-0056)


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


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


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


CASE STUDIES
October 31, 2019
"Untoward Consequences: The Ironic Legacy of Keyes v. School District No. 1"
Denv. U.L. Rev.
Date: 2013
By: Rachel Moran (Yale Law School Faculty)
90 Denv. U.L. Rev. 1209-1230
The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using circumstantial evidence to establish intentional discrimination and bring courtordered busing to a ...
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CASE STUDIES
October 31, 2019
"U.S. V. Warren, OH: The Case for Applying Aristotelian Modeling in Police Reform"
U. Mich. J.L. Reform Online
Date: 2018
By: Alicia McCaffrey (University of Michigan Law Student)
51 U. Mich. J.L. Reform Online 1-20
Police reform scholarship tends to emphasize the bureaucratic nature of problems in policing, and, in turn, proposes administrative solutions, such as providing more training or critiquing specific language in a manual. This comment argues that instead of viewing policing problems as at their core ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
The Influence of Government Defenders on Affirmative Civil Rights Enforcement
Fordham L. Rev.
Date: 2018
By: Alexander A. Reinert (Benjamin N. Cardozo School of Law of Yeshiva University Faculty)
86 Fordham L. Rev. 2181-2198
The focus of this brief Article will be on a conundrum, particularly in the area of civil rights enforcement: the federal government—in particular the DOJ—can be one of the most efficient and powerful vindicators of civil rights, while at the same time one of the most effective advocates for ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
Intelligence Legalism and the National Security Agency's Civil Liberties Gap
Harv. Nat'l Sec. J.
Date: 2015
By: Margo Schlanger (University of Michigan Faculty)
6 Harv. Nat'l Sec. J. 112-205
Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
Current Developments in the Executive Branch: Sanctuary Cities under the Trump Administration, the Frontlines of the Battle for Immigration
Geo. Immigr. L.J.
Date: Spring 2017
By: Ahmad Al-Dahani (Georgetown University Law Center Law Student)
31 Geo. Immigr. L.J. 665-674
“Sanctuary cities” is a subject of intense political and legal disagreement in the United States. It refers to jurisdictions that implement policies limiting cooperation between local officials and federal immigration authorities.“[N]early 300 jurisdictions as well as the states of Colorado, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace
Wash. U.L. Rev.
Date: 2014
By: Margo Schlanger (University of Michigan Faculty)
91 Wash. U.L. Rev. 1519-1590
In 2011, the United States Supreme Court struck down a class action suit alleging that Wal-Mart stores discriminated against female employees in pay and promotion decisions, making it more difficult to obtain certification of private employment discrimination class actions. As a result, the role of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
How the ADA Regulates and Restricts Solitary Confinements for People with Mental Disabilities
Advance
Date: May 2016
By: Margo Schlanger (The University of Michigan Faculty)
10 Advance 39-56
In this Issue Brief, the author argues that solitary confinement of prisoners with mental illness or intellectual disabilities frequently constitutes disability discrimination, challengeable under Title II of the ADA6 and the Rehabilitation Act7 —federal statutes that proscribe discrimination on ...
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CASE STUDIES
October 30, 2019
"Explaining Texas v. U.S.: A Guide to the 5th Circuit Appeal in the Case Challenging the ACA"
KFF.org
Date: Jul. 3, 2019
By: MaryBeth Musumeci (Kaiser Family Foundation)
The Kaiser Family Foundation Associate Director at the Program on Medicaid and the Uninsured has compiled a short history of the federal government's position on the Affordable Care Act as well as the specific issues likely to be considered by the court. The article also discusses the possible ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 25, 2019
Anti-Incarcerative Remedies for Illegal Conditions of Confinement
U. Miami Race & Soc. Just. L. Rev.
Date: Summer 2016
By: Margo Schlanger (University of Michigan Faculty)
6 U. Miami Race & Soc. Just. L. Rev. 1-30 (2016)
Well over half of American prisoners have symptoms of mental illness. And the most recent thorough analysis found that an astounding 15% of state prisoners and 24% of jail inmates "reported symptoms that met the criteria for a psychotic disorder." In addition, 4 to 10% prisoners have a serious ...
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