• Overington v. Fisher

    Publication Date: 2024-05-27
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Dwayne J. Bensing, ACLU of Delaware, Wilmington, DE; Theresa E. Loscalzo, Dilworth Paxson, LLP, Philadelphia, PA for plaintiff.
    for defendant: George T. Lees III, Delaware Department of Transportation, Dover, DE for defendants.

    Case Number: 21-1133-GBW

    DMV regulations permitting the recall of vanity plates with a perceived profanity violated the First Amendment because vanity plates were private, not government, speech and the regulations constituted viewpoint discrimination.

  • Delaware State Sportsmen's Ass'n Inc. v. Delaware Dep't of Safety & Homeland Sec.

    Publication Date: 2023-04-11
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Francis G.X. Pileggi, Sean M. Brennecke, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Alexander D. MacMullan, Lewis Brisbois Bisgaard & Smith LLP, Wayne, PA; Bradley P. Lehman, Gellert Scali Busenkell & Brown LLC, Wilmington, DE for plaintiffs.
    for defendant: David E. Ross, Bradley R. Aronstam, Garrett B. Moritz, S. Reiko Rogozen, Roger S. Stronach, Holly Newell, Elizabeth M. Taylor, Thomas C. Mandracchia, Ross Aronstam & Moritz LLP, Wilmington, DE; Kenneth L. Wan, Caneel Radinson-Blasucci, State of Delaware Department of Justice, Wilmington, DE for defendants.

    Case Number: 22-951-RGA

    Preliminary injunction to prevent enforcement of restrictions on assault weapons and large capacity magazines was denied where regulations were tailored to dangerousness of such weapons and were consistent with historical regulations on other dangerous weapons such as machine guns.

  • Rigby v. Jennings

    Publication Date: 2022-10-11
    Practice Area: Constitutional Law
    Industry: Consumer Products | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Bradley P. Lehman, Gellert Scali Busenkell & Brown LLC, Wilmington, DE; Edward Paltzik, Joshpe Mooney Paltzik LLP, New York, NY for plaintiffs.
    for defendant: Patricia A. Davis, Kenneth L. Wan, Andrew R. Fletcher, Deputy Attorneys General, State of Delaware, Department of Justice, Wilmington, DE for defendant.

    Case Number: 21-1523 (MN)

    Plaintiffs were granted preliminary injunctive relief on state criminal laws that prohibited the manufacture and possession of unserialized firearms and firearm components when such firearms and components were lawfully acquired and manufactured by individuals, as such restrictions violated Second Amendment rights.

  • Davis v. State of California

    Publication Date: 2022-09-06
    Practice Area: Constitutional Law
    Industry: Energy | Real Estate | State and Local Government
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69947

    Court found that a commission's actions by and through the state of California to take over the operation of an oil facility that plaintiff intended to abandon was a reasonable exercise of its police power and did not constitute a taking violation of the Fifth Amendment to the U.S. Constitution or the Constitution of California because without such intervention, the threat posed to the public's safety was great.

  • Dorazio v. Johnson

    Publication Date: 2021-11-23
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Johnny L. Dorazio, Sr., pro se plaintiff.
    for defendant: N/A

    Case Number: D69618

    The court held that plaintiff could not maintain a constitutional claim based upon allegations that his grievances about treatment in prison were not adequately addressed, making his complaint against prison employees a frivolous suit.

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  • Schiavo v. Carney

    Publication Date: 2021-08-04
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Charles Schiavo, Smyrna, DE, pro se plaintiff.
    for defendant: Allison Jean McCowin, Delaware Dep’t of Justice, Wilmington, DE for defendants.

    Case Number: D69492

    Plaintiff lacked standing to obtain injunctive relief regarding the governor's state of emergency in response to COVID-19, so the court granted defendant's motion to dismiss.

  • State of Delaware, ex rel. Jennings v. Capriglione

    Publication Date: 2021-05-19
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Mark A. Denny, Jr., David C. Skoranski, Dep’t of Justice, Wilmington, DE for petitioner.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for respondent Capriglione. N. Christopher Griffiths, Daniel R. Stanek, Connolly Gallagher LLP, Wilmington, DE for respondent Town of Newport.

    Case Number: D69402

    A conviction for the misdemeanor of official misconduct qualified as an "infamous crime" within the mean-ing of the Delaware constitution, so the individual was precluded from subsequently holding public office.

  • Speakman v. Williams

    Publication Date: 2021-01-20
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Cowen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69269

    The federal district court properly dismissed plaintiffs' substantive due process claims because their jobs as firefighters were inherently risky and plaintiffs failed to allege sufficient facts to show that defendants' con-duct or policies altered the fundamental nature of the risk involved.

  • Smith v. Brackett

    Publication Date: 2020-07-01
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Kendall Maurice Smith, Huntingdon, PA, pro se plaintiff.
    for defendant: Dana Spring Monzo and Kelly Elizabeth Rowe, White & Williams, Wilmington, DE for defendants Brackett, Collins-Young and Davis-Wipf. Ryan Patrick Connell, Delaware Dep’t of Justice, Wilmington, DE for defendant Burley.

    Case Number: D69036

    Defendants did not demonstrate that an inmate failed to exhaust his administrative remedies, but the court held that the complaint did not state a claim for violation of the inmate's constitutional rights regarding medical treatment.

  • Speakman v. Williams

    Publication Date: 2020-03-11
    Practice Area: Constitutional Law | Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Thomas C. Crumplar and Raeann C. Warner of Jacobs & Crumplar, P.A.; Stephen J. Neuberger and Thomas S. Neuberger of The Neuberger Firm, P.A. for plaintiffs.
    for defendant: Michael P. Kelly, Steven P. Wood, Dawn Kurtz Crompton, Hayley J. Reese and Adam N. Saravay of McCarter & English, LLP for defendant city. James D. Taylor, Jr. and Jessica M. Jones of Saul Ewing Arnstein & Lehr for defendant Williams. Kathleen Furey McDonough, Jesse L. Noa and Tracey E. Timlin of Potter Anderson & Corroon LLP for defendant Goode.

    Case Number: D68909

    Plaintiffs failed to state a claim for a violation of constitutional law in this case involving the injury and death of multiple fire-fighters. Family members did not have standing to pursue wrongful death actions, but the representatives of those estates could do so.