Practice area · Civil Rights
42 published articles in this practice area.
The court held that Patrick Nichols plausibly alleged excessive force at the pleading stage and that a pro se civil-rights complaint can identify an intended defendant in its body even when the officer is omitted from the caption.
The court held the order is a restriction on access to government information, not a prohibition on speech, and thus does not violate the First Amendment.
The panel held that the Village of St. Bernard's remaining billboard rules survive intermediate scrutiny and are severable from the invalidated public-service sign carve-out, offering guidance on Ohio severance law.
Panel says the district court should have declined supplemental jurisdiction over an unresolved Michigan constitutional issue after dismissing the federal claims.
The court held that Roy Moore failed to offer clear and convincing evidence that Senate Majority PAC intended, or recklessly disregarded, the allegedly defamatory implication created by two frames in a campaign advertisement.
The panel held disputed issues about whether a man with schizoaffective disorder posed a threat must go to the jury, and the officer could not relitigate facts on interlocutory appeal.
The panel revived Ashley Cooper’s federal malicious-prosecution claim by holding that West Virginia’s two-year personal-injury period governs Section 1983 actions, but affirmed dismissal of the City of Wheeling because the complaint did not allege a municipal policy or custom.
The en banc court ruled that a content-based prior restraint on defendants' speech survives the heavy presumption against its validity because it is narrowly tailored to the compelling national-security interest in protecting perceived foreign collaborators.
The panel held that a district court abused its discretion by entering summary judgment for prison officials while a magistrate judge still had under advisement a sanctions motion over missing exculpatory video footage central to the inmate's claims.
The full court affirmed municipal limits of $500 per individual for city council candidates, holding that the city met the low evidentiary bar for its anti-corruption interest and that the limits were closely drawn under Randall v. Sorrell.
Panel reverses $510,960 compensatory education award, adopting Third Circuit's interpretation of § 1415(f)(3)(C) and rejecting per se rule that a new diagnosis tolls the two-year deadline.
In a per curiam order, the Court found parents likely to prevail on free exercise and due process claims against policies that withhold student gender-transition information without child consent, drawing a sharp dissent over the emergency docket's use.
A Fifth Circuit panel revived much of a former Godley, Texas, councilwoman's civil rights suit alleging city officials used a tampering charge to keep her from a key council vote.
The U.S. Supreme Court said Colorado's law regulating conversion therapy for minors likely targets protected speech when applied to a licensed counselor's talk therapy.
The justices said a D.C. appeals court improperly parsed the facts of an early-morning car stop rather than considering the full circumstances supporting reasonable suspicion.
New York Attorney General Letitia James and 14 other attorneys general say the U.S. Department of Education is trying to sidestep an earlier injunction by terminating school mental health grants under a new label.
A D.C. federal court dismissed a grandmother's pro se complaint tied to an Illinois child custody matter, saying the dispute belonged in state court.
The U.S. Supreme Court said a D.C. appellate court wrongly parsed reasonable suspicion factor by factor when it tossed a juvenile adjudication tied to a late-night vehicle stop.
The panel upheld convictions and sentences for three defendants while a concurrence warned that a phone-extraction PowerPoint and gang testimony pushed evidentiary limits.
The Supreme Court declined to hear two disputes that Justice Samuel Alito said warranted review, including a student-speech fight over anti-abortion club flyers and an Alabama capital case involving a prosecutor's closing argument.
The Seventh Circuit held that an Illinois man shot with nonlethal police rounds during a standoff failed to identify clearly established law defeating qualified immunity.
Justice Neil Gorsuch said the Supreme Court should soon reconsider a century-old precedent holding that the Seventh Amendment civil jury trial right does not bind the states.
The justices added three cases to their merits docket while putting off a mootness request in Little v. Hecox until oral argument.
The U.S. Supreme Court declined to review a challenge to a New Orleans jail-construction order, prompting a dissent that said lower courts misapplied the Prison Litigation Reform Act.
The U.S. Supreme Court agreed to review whether the Mississippi Supreme Court unreasonably found that a petitioner waived his chance to rebut prosecutors’ race-neutral explanations for peremptory strikes against four Black jurors.
The administrative stay remains in place until May 11 while a response to GenBioPro's application is due May 7.
A Fourth Circuit panel said a Virginia prisoner's Free Exercise damages claim must return to district court for a Turner analysis after officials denied him a diet that met both his Ramadan fasting and kosher-supervision beliefs.
The justices asked the parties to address how a disputed statutory phrase affects 10 U.S.C. § 12406(3) before acting on a stay request.
The justices declined to stop Anthony Boyd's execution by nitrogen hypoxia, over a three-justice dissent saying the method risks minutes of conscious suffocation.
The justices declined to revisit United States v. Kagama, drawing a dissent that said the precedent's theory of federal plenary power over tribal affairs lacks a constitutional foundation.
The justices stayed a lower-court order blocking Texas’ mid-decade redistricting plan, splitting over whether the state’s new map reflected partisan line-drawing or unconstitutional racial gerrymandering.
The justices stayed a lower-court injunction blocking Texas' congressional redistricting plan, saying the state was likely to show serious errors in the racial-gerrymandering ruling.
The U.S. Supreme Court said Heck v. Humphrey does not bar a Section 1983 suit seeking only prospective relief from future enforcement of a city ordinance.
The U.S. Supreme Court reversed the Second Circuit and held a Vermont police sergeant was entitled to qualified immunity in a Fourth Amendment suit over his use of a rear wristlock during a state capitol sit-in.
Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, dissented from the Supreme Court's refusal to take up Rodney Reed's latest bid for DNA testing in his Texas death-penalty case.
The justices said a D.C. officer had reasonable suspicion to stop a juvenile driver after a late-night suspicious-vehicle call, two passengers fled and the car began backing out with a door open.
The Eighth Circuit said two Kansas City detectives and a prosecutor must face claims tied to an overturned murder conviction that kept Keith Carnes imprisoned for 18 years.
The U.S. Supreme Court vacated an Eleventh Circuit habeas ruling for relying on post-trial DNA evidence when judging whether disputed jailhouse-informant testimony influenced a Florida murder jury.
Justice Sotomayor, joined by Justices Kagan and Jackson, dissented from the Supreme Court’s refusal to take up Victor Saldaño’s bid for review of his intellectual-disability claim.
The U.S. Supreme Court declined to hear Alan Dershowitz's defamation fight with Cable News Network, Inc., but two justices said the case was a vehicle to revisit the actual-malice standard for public figures.
A Fourth Circuit panel said two detention officers were not entitled to qualified immunity at this stage over allegations they delayed checking on an inmate they suspected had been beaten.
The panel said federal courts owed AEDPA deference to state-court rulings rejecting K.C. Langford's speedy-trial and ineffective-assistance claims.