9th Cir. revives a Title IX suit from a male grad student dismissed from UCLA after an accusation of misconduct from a female student. Finds allegations sufficient to state a claim. cdn.ca9.uscourts.gov/datastore/opin…
Court finds plausible inference of Title IX sex discrimination where student alleged (1) external pressures, including the Obama admin's infamous "Dear Colleague" letter; (2) pattern and practice of discrimination against previous male students, shown by state litigation; and
(3) specific statements from univ. staff to this student, including the claim that female accusers do not fabricate allegations in Title IX cases, which seems, uh, yeah, problematic.
"Believe all women" works as a political slogan, but when your Title IX coordinator is telling the accused that "no female has ever fabricated allegations against an ex-boyfriend in a Title IX setting," you're gonna have a bad time in court.
*assuming the facts in the complaint are true, which the court has to at this stage.
They can hash that out later.
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There's so much great stuff in this film that I noticed for the first time.
In the middle there's a long action and dialogue take with Poitier leading and the rest of the cast having to hit their marks that must have taken hours to get right.
There's also a part I hadn't noticed before where the camera casually pans by while Poitier is delivering exposition while the blind dude is chopping vegetables in the foreground. So good.
Attorney arguing against the OSHA mandate points out the 100-employee line-drawing was based on expedience rather than evidence that COVID-spread is worse in businesses with more than 100 employees.
Justice Barrett getting some concessions here from counsel opposing the OSHA mandate, who seems to agree that there are some businesses where a mandate might be appropriate. She mentioned meatpacking plants and the dentist.
The next attorney opposing the OSHA mandate is up now. He's arguing remotely bc of a covid diagnosis. (His symptoms have abated.)
5th Cir. revives excessive force and bystander liability suit from family of a man having a mental health crisis who died after officers restrained him with a five-man takedown during which he fell unconscious and then asphyxiated.
I like this approach a lot. They start with the first prong for evaluating QI, making clear that, if the facts are as alleged, a Fourth Amendment violation occurred before moving on to the whether that was clearly established law at the time.
This is the meat of the discussion of whether it was clearly established in 2016 that officers engage in objectively unreasonable use of force by continuing to kneel on the back of an individual who has been subdued.