OTHER STATES/DISTRICTS

 

Oregon - with Louisiana plaintiff
Federal Dist Ct - multi-state class action

Civil suit by youthful citizen group against the US and various agencies for failing to protect them from environmental harm; citizens can sue the government for failing to due its job.

Jayden Foytlin, a 15 year old student from Rayne, LA – about 10 miles west of Lafayette -  is one of 21 young plaintiffs in a civil suit against the United States charging the federal government with failure to provide a safe environment for the young plaintiffs. More specifically, for allowing environmentally hazardous conduct destructive of air and water quality and enabling global warming. Ms. Foytlin is part of a “class” of young adults from all over the US who have brought the lawsuit in Federal Court in Eugene Oregon, where several of the young citizens live.  The government challenged the right of these young people to bring a lawsuit; a Federal Court upheld their right and the Trump administration is appealing to get the case thrown out – fearing a trial on the reality of global warming caused by US industrial practices. As a resident of Rayne, Ms.Foytlin is acutely aware of the effects of climate change on her town and surrounding Acadia Parish, and was selected for participation in the lawsuit because of the provable severity of the threat to her life and livelihood. All the plaintiffs are in jeopardy but Ms. Foytlin is especially vulnerable as a resident of coastal Louisiana. The government asserted the group has no “standing” to sue because they aren’t really in harm’s way. The trial court threw out that argument and confirmed its decision at a hearing on June 8, 2017. Stay tuned to find out if these dedicated young residents will succeed in getting a judicial order for the government to take action to limit rather than promote environmental harm Their lawyers  are Michelle A. Blackwell, Blackwell Law PC ; Daniel M. Galpern, Law Offices of Daniel M. Galpern Philip L. Gregory, Cotchett, Pitre & McCarthy, LLP and Julia A. Olson, Wild Earth Advocates .

 

Complaint

 

Alabama
US District Court, N District of Alabama (Birmingham)

Wrongful death suit against police, a university, an alleged rapist and various mental health authorities for wrongful death, by suicide, resulting from negligence in connection with the investigation, and malpractice in the mental health treatment of the deceased.

The parents of 21 year-old Megan Rondini are suing their daughter’s alleged rapist, the Tuscaloosa criminal investigating authorities and the University of Alabama health and counseling authorities for a litany of negligent, intentional, abusive and concerted efforts to minimize and conceal the scope of the harm done to her – all of which led to her suicide in a diagnosed state of depression over the mishandling by authorities of her sexual assault charge against a prominent citizen, refusal to provide or failure to provide adequate mental health services, denial of equal protection under law and violations of other state laws governing the treatment and care of rape victims.

The family’s lawyer in Birmingham AL is Leroy Maxwell, Jr., of the Maxwell Law Firm, 205.216.3304, Maxwell@mxlawfirm.com

See related "RESPONSIBILITY FOR INMATE SUICIDE"

Complaint

  _________________________________

 

18 States and DC
US District Court, District of Columbia

States can sue the federal government for failure to do its job and seek orders to compel a federal agency to enforce its own regulations.

Civil suit by a group of US states against the Dept of Education and the Secretary of Education for failure to enforce existing federal law which protects students from the cost of predatory for-profit colleges that violate consumer protection laws. A federal law, the “Borrower Defense Rule,” serves to relieve student loan recipients from repayment of their loans if the for-profit college they attend is found to be fraudulent. It’s a law aimed at combating escalating program and educational quality fraud at schools like Trump University. The suit seeks an order requiring Secretary DeVos to enforce not “delay” enforcement of the law as it exists, and to pursue recovery of the money from the violator schools as required. The states argue that the federal government cannot simply ignore its responsibilities – a notion that can have significant implications in the near future.

[See also, Jayden Foytlin et al. v. United States of America – the “kids lawsuit”  challenging the EPA for failure to enforce laws to protect young citizens from the danger of climate change.]

The plaintiffs in Commonwealth are represented principally by the attorneys general of the various states – led by Attorney General Maura Healey of Massachusetts and AG Eric Schneiderman of New York, among others.

 

Complaint  

____________________________________________________________

 

CALIFORNIA AND NEW MEXICO
U.S. District Court - N. Dist California at San Francisco

States affected by enforcement of existing federal laws regulating industrial emissions sue federal agency for failing or refusing to enforce those laws -- seeking a federal court Order to "do your job." A trend? (See Commonwealth v. DeVos, above)

California and New Mexico make a lot of money every year from royalties paid by oil and gas drillers on the natural gas released in the mining process. But a lot of the vented gas is wasted and the process releases mega-tons of pollutants into the air creating health hazards. The Waste Prevention Rule (WPR) identifies when the states are entitled to additional royalties on wasted releases and limits the amount of dangerous air pollutants that can be released. The mining companies don't like the prospect of paying more royalties on wasted gas releases, or regulation of pollutant release. But The BLM, part of the Interior Dept overseen by Interior Secretary Brian Zinke, has decided to "postpone" indefinitely enforcement of the WPR; the states are suing for an order requring BLM to do its job and resume enforcement.

The states are represented by George Torgun of California Attorney General Xavier Becerra’s office, and Bill Grantham with New Mexico Attorney General Hector Balderas’ office.

Complaint

_________________________________________________________________________________

TEXAS:

Civil suit against a state prosecutor and several police officers for prosecuting a man while knowing about and purposely concealing evidence at trial that would have proven his innocence.

Alfred Brown, who was jailed for 10 years for a crime he didn’t commit, has brought a civil suit in Texas against his prosecutor for wrongful prosecution while knowing of Mr. Brown’s’s innocence. The plaintiff charges that Prosecutor Rizzo threatened witnesses, concealed evidence, and failed to turn over evidence that would have proven Mr. Brown innocent. The City of Houston and police officers who participated in the fraud are also defendants in the case. Mr. Brown is seeking several million dollars for the value of his 10 years in prison – most of them on death row.

His lawyer is Gwen Richard at the LeClairRyan law firm in Houston. Ms. Richard is one of the most experienced and respected trial lawyers in Texas, usually working on behalf of large corporations. She can be reached at 713.752.8303

 __________________________________________________________________

CALIFORNIA:

Civil suit against California school bus operator for carelessly abandoning  a seriously disabled student in a parked school bus in intense heat, thereby causing his death.

The family of an autistic teenager who died in 2015 after being left alone for hours on a parked, sweltering school bus has reached a $23.5-million settlement with the bus agency, attorneys said. H J “Paul” Lee, 19, was found on the floor of a bus parked in a Whittier bus yard on Sept. 11, 2015 — a 96-degree day — and the non-verbal teenager was pronounced dead after lifesaving efforts failed. The bus driver, Armando Abel Ramirez of Rialto did not check the rear of the bus to ensure Lee had left; Mr. Ramirez had focused his attention on texts from a fellow employee inviting him to have sex after finishing his route.  Most of the the large damage award will be paid by the insuror of the private school bus company held responsible for Mr. Lee's death.

The family's lawyers were Brian Parrish, Rahul Ravipudi, Robert Glassman and Sang Yun - all of Whittier CA.

 

_________________________________________________________________________