SCOTUS passes up the opportunity to address circuit split over transgender restroom use
1/29/24
By: Christian E. Foy Nagy, Esq. and Kelly Mahoney Haas, Esq.
We learned this month that an issue of pervasive interest to politicians and activists of all persuasions was not so compelling to merit …
Speech First, Inc. v. Sands: the constitutionality of bias intervention and response teams and policies on college campuses
1/8/24
By: Christopher M. Lewis
Do bias intervention and response teams and policies on college campuses violate students First Amendment rights to the freedom of speech? That is the question posed in Speech First, Inc.’s currently pending petition …
Sovereign immunity remains a threshold jurisdictional question
1/4/24
By: Amy B. Cowan
In a decision that clarifies the jurisdictional nature of the immunity, the Georgia Supreme Court recently upheld sovereign immunity as a threshold determination that must be considered and ruled upon before a court …
Officer that utilized deadly force in response to “furtive gesture” entitled to qualified immunity
11/30/23
By: Cara M. Wright
Video evidence has become more prevalent in §1983 cases as law enforcement agencies have increased the use of dash cameras and body-worn cameras. Frequently, video recordings are used by litigants to refute testimony …
Lights, Camera, (Less Than an) Action!
6/22/23
By: Elissa B. Haynes and Carlos A. Fernández
Usually, the courts do not take issue when litigating parties stipulate to an agreement—especially when the parties are agreeing to dismiss claims. However, the courts will not turn a blind eye to …