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Tag Archives: Civil Rights

Civil Rights – Discrimination – Public Utilities — Solid Waste Collection – Constitutional – Equal Protection Clause (access required)

Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.

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Civil Rights – Excessive Force Claim – Taser – Resisting Arrest Conviction – Second Encounter – Constitutional – Fourth Amendment (access required)

Boswell v. Bullock Even though plaintiff was convicted of resisting arrest, the judge could have based the conviction on plaintiff’s first encounter with Officer Bullock, when plaintiff ran away, rather than on the second encounter, when plaintiff was on his way to turn himself in and Bullock tased him. Therefore, the conviction does not bar plaintiff’s excessive force claim.

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Labor & Employment – Civil Rights – Race & Disability Discrimination Claims – Asthma – Drive-Thru Window (access required)

Moss v. Pasquotank County Plaintiff has alleged that she suffers from rhinitis and chronic asthma and that these conditions affect a major life activity, i.e., her ability to breathe. She also alleges that her employer, the defendant-county, had notice of her disability, that she could perform the essential functions of her position with reasonable accommodation, and that the county refused to make such accommodations. Plaintiff has sufficiently pled a failure to accommodate claim under the Americans with Disabilities Act. Issues concerning the reasonableness of the requested accommodation – i.e., working at a desk rather than the drive-thru window -- are questions of fact that are more properly resolved at the summary judgment stage or trial.

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Labor & Employment – Civil Rights – Age Discrimination Claim – Retaliation – Timing — Workplace Violence (access required)

Vinesett v. United Parcel Service, Inc. Where the decision to fire plaintiff the first time was made before plaintiff reported a supervisor’s alleged discriminatory comment, plaintiff cannot show that he was fired in retaliation for his protected activity of reporting the comment.

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Civil Rights – Excessive Force Claim – Proximate Cause — TASER – Threatened Self-Injury – Tort/Negligence (access required)

Cook v. Riley Defendants responded to a domestic disturbance call and found plaintiff in a tree stand 15 feet off the ground. According to defendants, plaintiff threatened to cut his wrists, so defendants tased him, and plaintiff then jumped off the tree stand. According to other witnesses, plaintiff did not have a knife, and he fell as a result of being tased. The court is not required to disregard the other witnesses’ statements in determining the proximate cause of plaintiff’s injury.

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Elections – Civil Rights — National Voter Registration Act – Application Disclosure (access required)

Project Vote/Voting for America Inc. v. Long Virginia election officials violated the National Voter Registration Act by refusing to disclose completed voter registration applications with voters’ Social Security numbers redacted; the 4th Circuit affirms a district court decision that Section 8(i)(L) of the NVRA does apply to such applications and defendants violated the NVRA.

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