• Delaware Human & Civil Rights Comm'n v. Greenbrier Condos, L.L.C.

    Publication Date: 2024-08-20
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kemba S. Lydia-Moore, DAG, Delaware Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald J. Gouge, Jr., LLC, Wilmington, DE for defendants.

    Case Number: N24C-02-153 EMD

    Delaware Fair Housing Act merely required Delaware Department of Justice to "pursue" a civil enforcement action after referral, which did not require the filing of a lawsuit.

  • In re COVID-Related Restrictions on Religious Serv.

    Publication Date: 2024-08-13
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for appellants.
    for defendant: Zi-Xiang Shen, Zachary S. Stirparo, State of Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 354, 2023

    Suit challenging the constitutionality of COVID-19 restrictions on houses of worship filed months after such restrictions were lifted was not a justiciable controversy, and state officials were immune from damages for any constitutional violations where they exercised their discretion to impose the conditions in a good faith effort to respond to the COVID-19 pandemic.

  • Stayathome v. Delaware Dep't of Corr

    Publication Date: 2024-05-20
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Webster Lloyd Stayathome, Plummer Community Corrections Center, Wilmington, DE, pro se plaintiff.
    for defendant:

    Case Number: 23-1058 (MN)

    Plaintiff's civil rights claims against corrections officers dismissed for failure to allege sufficient facts to establish Eighth Amendment violations.

  • Letke v. Sprenkle

    Publication Date: 2024-05-20
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: S23C-02-019 CAK

    Department of Natural Resources and Environmental Control police officer was entitled to absolute and qualified immunity for false arrest claims where he and his agency were not insured by the state for such claims and where there was no allegation that officer acted in bad faith.

  • Nasir v. Liberto

    Publication Date: 2024-05-20
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Malik Nasir, Dover, DE, pro se plaintiff.
    for defendant:

    Case Number: 23-1111-CFC

    Plaintiff could not bring Fourth Amendment claim against private business owner or recover damages arising from discovery of incriminating evidence and subsequent criminal prosecution.

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  • James v. Connolly

    Publication Date: 2024-05-06
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Sharon M. James, Wilmington, DE, pro se plaintiff.
    for defendant:

    Case Number: 23-914-RGA

    Court sua sponte dismissed civil rights complaint upon screening where defendants were entitled to judicial immunity and plaintiff's allegations did not fall within the scope of a recognized Bivens claim.

  • Coco v. Dear

    Publication Date: 2024-04-22
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1787

    Plaintiff raised genuine issues of material fact as to whether officers had probable cause to arrest where there was conflicting evidence regarding whether plaintiff had offensively struck one officer's police horse.

  • Murphy v. State

    Publication Date: 2024-04-01
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging | Legal Services | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-415-CFC

    Plaintiffs' disability discrimination claims failed due to the lack of allegations establishing a causal connection between one plaintiff's' disability and the family's eviction facilitated by state officials.

  • Happle v. Sweeney

    Publication Date: 2024-03-26
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Thomas-Martin Happle, Millsboro, DE, pro se plaintiff.
    for defendant: Emily A. Letcher, Patricia L. Enerio, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for defendants.

    Case Number: 22-1612-RGA

    Court dismissed civil rights complaint arising from a New Jersey traffic stop involving a New Jersey resident, finding that it lacked personal jurisdiction.

  • Ryle v. Outen

    Publication Date: 2024-01-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Alex Ryle, Smyrna, DE, plaintiff pro se
    for defendant: Robert Kleiner, Deputy Attorney General, Department of Justice, Wilmington, DE for defendant.

    Case Number: N23C-02-192 CEB

    Prison inmate's claim regarding the non-delivery of a USPS return receipt failed where there was no evidence that corrections officials had possession of the return receipt and they had assured the inmate they would deliver the return receipt once they received it from the USPS.