Justia Civil Rights Opinion Summaries

The Supreme Court held that the "anti-abrogation clause" set forth in Ariz. Const. art. XVIII, 6 guaranteeing that the "right of action to recover damages for injuries shall never be abrogated" does not extend to dram-shop actions because they were recognized after statehood.At issue was whether the anti-abrogation clause extends to rights of action created after the Arizona Constitution was ratified, such as the common law dram-shop action recognized in Ontiveros v. Borak, 136 Ariz. 500 (1983). Plaintiffs sued Defendant, the owner of Jaguars Club in Phoenix, under theories of statutory and common law dram-shop liability. The jury found Defendant was liable under the common law dram-shop action recognized in Ontiveros but not liable under the dram-shop cause of action codified at Ariz. Rev. Stat. 4-311(A). The jury apportioned forty percent of the fault to Defendant. The Supreme Court remanded the case to the trial court for entry of judgment in favor of Defendant, holding that the legislature's limitation of dram-shop liability to actions brought under section 4-311 did not run afoul of the anti-abrogation clause by abrogating the common law dram-shop action recognized in Ontiveros. View "Torres v. JAI Dining Services, Inc." on Justia Law

The Court of Appeals affirmed a superior court order granting a judgment on the pleadings in favor of the Sheriff of Tift County, Gene Scarbrough, in this action brought by Sherrie McBrayer for the wrongful death of her husband, James McBrayer (“the decedent”). The Court of Appeals held that Scarbrough was immune from suit because McBrayer’s complaint did not show that the decedent’s death, which occurred while he was restrained in the back seat of a patrol car, arose from the sheriff’s deputies’ “use” of the patrol car “as a vehicle,” which, under Court of Appeals case law construing OCGA §§ 33-24-51 (b) and 36-92-2, was a prerequisite for a waiver of sovereign immunity for injuries arising from the “negligent use of a covered motor vehicle.” In so holding, the Court of Appeals noted that McBrayer’s complaint did not allege “that the car was running; that any deputy was seated in the car; that any deputy was poised to start the car or transport the decedent to any location;” or that the deputies were otherwise “actively” using the patrol car “as a vehicle. McBrayer thereafter timely petitioned the Georgia Supreme Court for certiorari review. The Supreme Court held that the Court of Appeals erred in limiting the meaning of the word “use” in the phrase “use of a covered motor vehicle” by reading into OCGA §§ 33-24-51 (b) and 36-92-2 the words “actively” and “as a vehicle.” Therefore, it reversed the judgment of the Court of Appeals and remanded the case for further proceedings. View "McBrayer, et al. v. Scarbrough" on Justia Law

The Verona Police Department twice arrested L.B. for his connection to violent shootings. Both times, however, he was released while his charges were pending. Just five months after his second arrest, L.B. drove to Annie Walton’s house and opened fire—killing Annie Walton and injuring her grandson, Aliven Walton. Annie Walton’s wrongful death beneficiaries (collectively, Plaintiffs ) believe the City of Verona and the Verona Chief of Police, J.B. Long, are responsible for the shooting at Annie Walton’s home, so they sued under 42 U.S.C. Section 1983 and the Mississippi Tort Claims Act. At summary judgment, the district court initially dismissed all claims. But Plaintiffs filed a motion for reconsideration, and the district court reversed course—finding the City of Verona was not entitled to sovereign immunity under the Mississippi Tort Claims Act. Plaintiffs and the City of Verona subsequently filed interlocutory appeals.   The Fifth Circuit dismissed Plaintiffs appeal for lack of jurisdiction and reversed the district court’s finding against the City regarding sovereign immunity. The court explained that Long had no special duty to protect Plaintiffs besides his general duty to keep the public safe as the City’s Chief of Police. The court explained that the only evidence that demonstrates Long had knowledge of any connection between L.B. and Plaintiffs comes from Long’s investigative file, where there is a copy of a trespassing complaint that Annie filed against L.B. in 2016. Accordingly, the court held Long did not owe a duty to protect Plaintiffs from L.B.’s drive-by shooting. Thus, Plaintiffs cannot sustain their negligence claims or their MTCA claims against the City. View "Walton v. City of Verona" on Justia Law

For five months when C.V. was a pre-kindergarten student in the Waterford Township School District, she was repeatedly sexually assaulted by Alfred Dean, the seventy-six-year-old bus aide who was supposed to be ensuring her safety. C.V.’s parents only discovered the abuse when C.V. came home without her underwear one day. C.V. and her parents sued the Waterford Township Board of Education and Waterford Township School District (collectively, Waterford) alleging, among other things, discrimination in a “place of public accommodation” “on account of . . . sex” in violation of the New Jersey Law Against Discrimination (LAD). The trial court granted summary judgment in favor of Waterford and dismissed plaintiffs’ LAD claims. The court found plaintiffs could not, as a matter of law, prove to a jury that Dean’s conduct occurred because of C.V.’s sex, or that it would not have occurred but for C.V.’s sex. According to the trial court, “the but for element can’t be satisfied . . . where you have a compulsive sexual predator, a pedophile,” especially one who testified at his deposition “that he is a compulsive sexual abuser of children, boys and girls.” The Appellate Division affirmed, concluding that the LAD did not apply “to a sexual predator’s assault of a student on a school bus where there is no evidence his actions were based solely on the victim’s status as a member of a protected group.” The New Jersey Supreme Court reversed the Appellate Division’s judgment because it conflicted with Lehmann v. Toys ‘R’ Us, Inc., 132 N.J. 587 (1993) and L.W. v. Toms River Regional Schools Board of Education, 189 N.J. 381 (2007). The Court reiterated that under Lehman, sexual touching of areas of the body linked to sexuality happens, by definition, because of sex. The Court affirmed the denial of plaintiffs’ motion to amend their complaint and to obtain certain records, and we remand for further proceedings consistent with this opinion. View "C.V. v. Waterford Township Board of Education" on Justia Law

Plaintiff brought an action against Defendants-Appellees Holy Cross College, Inc. and Congregation of Holy Cross Moreau Province, Inc. (collectively, “Holy Cross”) in the district court. Plaintiff alleged that he suffered from sexual abuse carried out by Holy Cross teacher on two separate occasions while attending summer camp at Holy Cross as a 10- or 11-year-old boy in either 1968 or 1969. Plaintiff asserted that Holy Cross is liable for the teacher’s conduct under the doctrine of respondeat superior. At the time of the alleged abuse, such an offense was subject to a one-year liberative prescriptive period. Plaintiff invoked the Revival Provision as his basis to bring a suit. The district court granted Holy Cross’s motion and dismissed Plaintiff’s complaint.   The Fifth Circuit vacated and remanded. The court explained that while the appeal was pending, the Louisiana Supreme Court issued its decision in T.S v. Congregation of Holy Cross Southern Province, Inc., 2023 WL 4195778. The court wrote that with the benefit of the T.S. decision, the court is now certain as to how this case should be resolved under Louisiana law. As previously noted, the facts of both cases are nearly identical. Therefore, it is apparent that the district court should not have ruled on the Revival Provision’s constitutionality. Instead, it is now clear that the Revival Provision’s wording makes it inapplicable to Plaintiff’s claims. Accordingly, his complaint should be dismissed for that sole reason. The court directed that on remand, the district court may consider whether Plaintiff should be provided with leave to amend his complaint. View "Lousteau v. Holy Cross College" on Justia Law

Brown injured his knee when he fell at his former prison. He received medical care and was placed on “special needs,” which included being assigned a lower bunk, a wheelchair, and crutches. Weeks later, Brown was transferred. Over the first few months, he spent time in segregation. Brown repeatedly asked several times for medical care but received none. He was later moved to a shared cell where his cellmate, who was disabled, slept in the lower bunk. While climbing to his top bunk, Brown fell. Afterward, Brown saw a doctor who said that Brown needed surgery but that the prison would not provide it. Brown then asked the prison’s “special needs committee” to provide him “accommodations,” and he “filed an ADA reasonable accommodation request.” He also alleged violations of his Eighth Amendment rights. The district court dismissed.The Seventh Circuit reversed, in part. Brown alleged a viable failure-to-accommodate claim, 42 U.S.C. 12132. Brown’s complaint did not need to identify any particular legal theory, nor did it need to allege all legal elements of a particular claim. Brown’s alleged knee injury renders him disabled under the ADA and he alleged failure to accommodate his disability. No rule of law required Brown to identify a particular accommodation in his complaint. The ADA “does not create a remedy for medical malpractice” but Brown’s claim is not about allegedly substandard medical care. View "Brown v. Fofana" on Justia Law

L.W.’s appendix ruptured during her incarceration, and she subsequently died from sepsis. Plaintiff, as special administrator of L.W.’s estate, filed suit against the county in which L.W. was incarcerated, as well as against the individuals involved in her incarceration and medical care, alleging civil rights claims under 42 U.S.C. Section 1983 and tort claims under state law. The medical malpractice claim against the jail physician, Defendant, went to trial. Defendant moved for judgment as a matter of law at the close of Plaintiff’s evidence. The district court granted the motion. The jury returned a verdict for Plaintiff and awarded $1.3 million in damages. The district court granted Defendant a credit against the verdict for the value of the settlement, amending the judgment to $800,000. Defendant appealed the denial of judgment as a matter of law on the medical malpractice claim. Plaintiff appealed the grant of judgment as a matter of law on the punitive damages claim, as well as the grant of credit against the verdict.   The Eighth Circuit affirmed. The court explained that it does not believe that the court’s decision to preclude the use of legal terms like “reckless” would have had any bearing on its decision to grant judgment as a matter of law on punitive damages. The court explained that it does not matter that separate wrongdoings caused L.W.’s injuries. UCATA does not focus on the cause of the injury or the policy reason for imposing liability. It focuses on the injury, which Plaintiff has alleged is the same for the Section 1983 claims as it is for the medical malpractice claim View "Christine Turner v. Garry Stewart, M.D." on Justia Law

The property owners (doing business as Re-Mart Investment), and St. Maron Properties— brought Section 1983 claims against the City under the Takings Clause, the Due Process Clause, and the Equal Protection Clause, as well as state law tort and statutory claims. The district court dismissed the state law claims as barred by sovereign immunity. It also dismissed the Section 1983 claims under Rule 12(b)(6) for failure to satisfy the requirements for municipal liability under Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978).   The Fifth Circuit affirmed the dismissal of the state law claims. But reversed the dismissal of the Section 1983 claims. The court explained that under Monell, a Section 1983 plaintiff may not proceed against a municipality unless the injury was caused by an official policy of the municipality. But here, the property owners allege that city officials violated their rights at the specific direction of the Mayor and the City Council. That is enough to establish liability under Monell. Accordingly, the court held that the property owners are entitled to proceed against the City on their federal claims. View "St. Maron v. City of Houston" on Justia Law

Pro se Plaintiffs-Appellants Alejandro Hernandez and his wife, Edith Schneider-Hernandez, appeal the dismissal of their claims against Defendant-Appellees West Texas Treasures Estate Sales, L.L.C., Linda Maree Walker, and Aaron Anthony Enriquez (jointly, the “Defendants”) arising from an encounter they had at an estate sale.   The Fifth Circuit vacated and remanded, holding that the district court abused its discretion. The court explained that construing all reasonable inferences in the Plaintiffs’ favor, they may be able to supply additional allegations to support a plausible claim. The district court’s opinion essentially concedes that it could have benefited from more detailed pleadings, specifically about the severity of Plaintiff’s asthma and the impact of PTSD on the Plaintiffs’ daily activities. However, the district court did not address the Plaintiffs’ request for an opportunity to amend their Complaint. Thus, the basis for its decision not to allow leave to amend is unknown. View "Hernandez v. West Texas Treasures" on Justia Law

Plaintiff was held in pretrial custody at the Pulaski County Regional Detention Facility (the Jail) in Little Rock, Arkansas, for five weeks. After he was released, Plaintiff filed a suit for damages against a Pulaski County official, alleging deliberate indifference to his medical needs, unconstitutional conditions of confinement, and disability discrimination. The district court granted summary judgment to the defendant on all of Plaintiff’s claims.   The Eighth Circuit affirmed summary judgment on Plaintiff’s Section 1983 deliberate indifference and conditions-of-confinement claims. But because triable issues remain on Plaintiff’s disability discrimination claim under the ADA and ACRA, the court reversed and remanded for further proceedings. The court explained that the record shows that Plaintiff indeed submitted “grievances” to the Jail complaining, for example, that he could not “stand up,” that he lacked help “changing or cleaning” himself, and that he could not “transfer to a toilet [and] back to the chair.” Moreover, at least one of Plaintiff’s disabilities—his paraplegia and the concomitant need for accommodations—was “obvious.” Thus, a genuine issue of fact exists regarding whether the Jail was on notice that Hall needed accommodations. Further, the court wrote that A viewing the evidence in the light most favorable to Plaintiff, a reasonable factfinder could conclude that the Jail failed to provide him with meaningful access to beds, toilets, and the identified medical care services. View "Carlos Hall, Sr. v. Eric Higgins" on Justia Law