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Tag Archives: equal protection

Labor & Employment – Public Employees – Administrative – Law Enforcement Certification — Suspension (access required)

Krueger v. NC Criminal Justice & Training Standards Commission : A 180-day suspension of a law enforcement certification cannot be said to “shock the conscience” when the certified officer knowingly and willfully falsifies training records. Therefore, the suspended officer’s substantive due process rights have not been violated.

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Labor & Employment – Civil Rights – Public Employees – Schools & School Boards – Constitutional – Equal Protection – Discrimination – Sexual Orientation – In Forma Pauperis (access required)

Dawkins v. Richmond County Schools Plaintiff alleges that he was let go from his teaching position because, according to a school administrator, the defendant-principal “had a problem with” plaintiff’s sexual orientation. This allegation is sufficient to state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause.

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Constitutional – Equal Protection – Smoking Ban – Exemptions – Private Clubs – For Profit vs. Nonprofit (access required)

Edwards v. Morrow We read G.S. § 130A-496 to exempt private, nonprofit country clubs from the general prohibition on smoking in restaurants and bars; however, private, for-profit country clubs are not exempt from the ban. Given the General Assembly’s motive for enacting the ban – protection of the public from secondhand smoke – this is a rational, and therefore constitutional, distinction.

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Municipal – Ultra Vires Action – Subdivision Ordinance – Schools & School Boards – School Funding – Developer & Builder Fees – Civil Practice – Appeals – Interlocutory – Mootness – Standing – Statute of Limitations – Constitutional – Due Process – Equal Protection (access required)

Amward Homes, Inc. v. Town of Cary Our Court of Appeals held that the defendant-town was not responsible for setting up or funding schools, and it lacked statutory authority to charge developers and/or builders a fee designed to ensure adequate funding for area schools. With Justice Jackson not participating, the remaining members of the court are equally divided, with three members voting to reverse and three members voting to affirm the decision of the Court of Appeals.

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Constitutional – Equal Protection — Smoking Ban – Private Clubs – First Impression — Administrative — Civil Penalties (access required)

Liebes v. Guilford County Dept. of Public Health The statutory scheme exempting nonprofit private clubs but including for-profit private clubs within the ambit of the smoking ban does not violate the plaintiff’s equal protection rights since there exists a rational basis for the legislature’s differential treatment of for-profit and nonprofit private clubs. We affirm the trial court’s order.

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Municipal – Ultra Vires Action – Subdivision Ordinance – Schools & School Boards – School Funding – Developer & Builder Fees – Civil Practice – Appeals – Interlocutory – Mootness – Standing – Statute of Limitations – Constitutional – Due Process – Equal Protection (access required)

Amward Homes, Inc. v. Town of Cary. The defendant-town was not responsible for setting up or funding schools, and it lacked statutory authority to charge developers and/or builders a fee designed to ensure adequate funding for area schools. [...]

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