Constitutional Law and Civil Rights

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8th Circuit Reinstates $222,000 Statutory Damages Against File Sharer
Posted on 12 Sep 2012 by Mealeys

ST. PAUL, Minn. - Determining that a jury award of $222,000 from almost five years ago was constitutional, an Eighth Circuit U.S. Court of Appeals panel on Sept. 11 reinstated the award in favor of a group of six plaintiff record labels against a Minnesota... Read More

Asbestos Reforms Among Those Stricken By Oklahoma Top Court As Unconstitutional
Posted on 10 Jun 2013 by Mealeys

OKLAHOMA CITY - A divided Oklahoma Supreme Court on June 4 struck down several asbestos litigation reforms as part of a ruling finding the state's 2009 comprehensive tort reform package unconstitutional (Carol A. Douglas, et al. v. Cox Retirement... Read More

Judge Says Jail Expert OK To Testify Policy Violations Led To Rape By Staff Member
Posted on 13 Dec 2012 by Mealeys

KNOXVILLE, Tenn. - A jail administration expert can testify that a county jail violated standard correctional procedures, a federal judge in Tennessee held Dec. 11 in a civil rights action by an inmate who alleges that he was raped by a kitchen supervisor... Read More

FDA Says It Won't Appeal Prohibition Of Warning Labels
Posted on 22 Mar 2013 by Mealeys

WASHINGTON, D.C. - The U.S. Food and Drug Administration will revise proposed graphic cigarette warning labels rather than appeal to the U.S. Supreme Court a case in which the labels were found to infringe on tobacco companies' constitutional rights... Read More

8th Circuit Grants Supervisors Immunity In Gender Bias Suit
Posted on 6 Jun 2012 by Mealeys

ST. PAUL, Minn. - A former Arkansas state employee's gender discrimination suit against her former supervisors must be rejected because the supervisors are entitled to qualified immunity based on the employee's failure to establish a constitutional... Read More

Mealey's Special Health Care Bulletin: U.S. Supreme Court Finds Individual Mandate in Health Care Act Constitutional
Posted on 28 Jun 2012 by Mealeys

WASHINGTON, D.C. - In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court today found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act ... Read More

3rd Circuit: School District May Base Salary On Location Of Experience
Posted on 28 Jan 2013 by Mealeys

PHILADELPHIA - Pennsylvania public school districts are within constitutional guidelines when they set teacher salaries based, in part, on prior in-state teaching experience, the Third Circuit U.S. Court of Appeals ruled Jan. 24 (Patrick S. Connelly v... Read More

Man Loses Challenge To Indianapolis Ban On Smoking In Taverns
Posted on 14 Mar 2013 by Mealeys

INDIANAPOLIS - Claims by a pro se Indianapolis man that the city's 2012 anti-smoking ordinance is "humiliating" to smokers and violates their constitutional rights were thrown out March 13 in an Indiana federal court (Bobby Ray Long v. Greg... Read More

3rd Circuit: Hiring Preference For Government Workers Does Not Constitute Bias
Posted on 30 Apr 2012 by Mealeys

PHILADELPHIA - Treating federal employees applying for another federal position differently from those candidates who have not worked for the federal government does not violate Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment... Read More

5th Circuit Affirms Dismissal Of Suit Saying Constitutional Violations Voided Loan
Posted on 15 Feb 2013 by Mealeys

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Feb. 13 affirmed the dismissal of a Texas couple's lawsuit claiming that their home equity loan was void because the documents were signed in the living room of their home in violation of... Read More

Government Prevails In Student Loan Garnishment Dispute
Posted on 28 Sep 2012 by Mealeys

LAFAYETTE, Ind. - A federal judge in Indiana on Sept. 26 granted the U.S. Department of Education's (DOE) motion for summary judgment in a suit in which a student loan debtor sought an injunction preventing wage garnishment arising from his student... Read More

7th Circuit Overturns Indiana Sex Offender Law Banning Use Of Social Media
Posted on 24 Jan 2013 by Mealeys

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Jan. 23 ruled that an Indiana statute that prohibits most registered sex offenders from using social networking websites, instant messaging services and chat programs is unconstitutional (John Doe... Read More

8th Circuit Reinstates $220,000 in Statutory Damages Against a File Sharer
Posted on 12 Sep 2012 by Mealeys

ST. PAUL, Minn. - Determining that a jury award of $222,000 from almost five years ago was constitutional, an Eighth Circuit U.S. Court of Appeals panel yesterday reinstated the award in favor of a group of six plaintiff record labels against a Minnesota... Read More

Judge: Secondhand Smoke Did Not Violate Prisoner's Constitutional Rights
Posted on 12 Mar 2013 by Mealeys

MILWAUKEE - A pro se prisoner's constitutional rights were not violated by secondhand smoke from prison staff, according to a judge in the U.S. District Court for the Eastern District of Wisconsin, who said March 8 that the prisoner could have avoided... Read More

County Fails To Raise Fact Issue As To Damages, 9th Circuit Rules
Posted on 12 Jun 2012 by Mealeys

SEATTLE - The Ninth Circuit U.S. Court of Appeals on June 11 found that Clackamas County, Ore., failed to raise a material issue of fact as to damages arising from an underlying civil rights lawsuit, affirming a lower federal court's summary judgment... Read More

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