Violence Against Women

Violence Against Women

  • For reversal of the district court decision granting defendants-appellees summary judgment. Appellant had sued regarding false charges of theft after she reported a robbery and rape. The brief argues the police had no probable cause for arrest, but instead based the charges on long-discredited beliefs about sexual assault. In its decision, the Court of Appeals found the District Court to be in error in granting summary judgment on the probable cause issue.

  • Determined the statute of limitations on sexual abuse tort and discovery rule due to childhood trauma in Ohio.

  • Concerned the right to sue for civil remedies under VAWA and the constitutional power of Congress to enact VAWA.

  • This lawsuit challenged the New York City Police Department’s policy and practice of refusing to arrest men who beat their wives. It also charged family court clerks with refusing to allow battered women to file petitions for Orders of Protection against their husbands.

  • Determined the right to sue under Title VII for wrongful discharge when a woman is dismissed from employment because her batterer works in the same establishment and has threatened with violence if she is not fired.

  • Determined the right of abuse victim to leave work to obtain protection orders against an abuser.

  • In October, 2013, Supreme Court heard arguments in U.S. vs. Castleman, for which Legal Momentum co-authored an amicus brief. The case centered on whether a gun trafficker who abused the mother of his child should be able to legally buy guns. The amicus brief urged the Supreme Court to uphold federal laws—and those state laws like Tennessee’s—that were enacted to ensure that domestic violence abusers are prohibited from possessing guns. In March, 2014, the Court decided to uphold the provisions of the Violence Against Women Act that prevent abusers from purchasing firearms.

  • Determined whether the Commerce Clause authorized Congress to enact the Driver's Privacy Protection Act, which protects the private information kept by state driver's license bureaus against commercial use, and whether the statute violated the Tenth or Eleventh Amendment.

  • Concerned a wife's right to her husband's pension upon divorce even if he lost his job due to a restraining order she obtained to protect herself against his abuse.

  • Addressed the constitutionality of the Violence Against Women Act civil rights remedy. The decision was overruled, in part, by the Supreme Court's decision in U.S. v. Morrison.

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