Issues
Last updated
Last updated
Issues are descriptions of things that are relevant to the litigation at hand. Importantly, they must be part of why the litigation arose. Thus, for example, just because someone speaks Vietnamese does not mean that the "Vietnamese"
issue is coded. Instead, the case must exist in part because the person speaks Vietnamese. Another important note is that issues do not need to be true for them to be coded as such – issues are based on the allegations in the case, not what the court ends up finding to be factually true.
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An array of issues. Issues are strings that are categorized into buckets based on their relation to others. Each of the following subheaders (for example, "Reproductive rights") is one such bucket, and that is reflected in the strings themselves.
For example, "Reproductive rights: Admitting privileges"
corresponds to the issue "Admitting privileges" found within the "Reproductive rights" bucket.
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These issues concern prison and jail conditions regarding the number of people.
The basis of the discriminatory conduct at issue in the case, i.e. the kind of characteristic or behavior that causes a defendant to mistreat a plaintiff.
If the dispute involves allegations of racial discrimination, the race of the people facing discrimination.
The possible strings for issues in this bucket are:
American Indian/Alaskan Native
Asian/Pacific Islander
Black
White
Race, unspecified
"Race, unspecified"
indicates that the allegations don't include a specific race and instead involve just allegations of general racial discrimination.
If the dispute involves discrimination on the basis of national origin or ethnicity, the national origin or ethnicity of the people facing discrimination.
The possible strings for this bucket are:
Arab/Afgani/Middle Eastern
Hispanic
Indian
Other
"Other"
indicates that the national origin or ethnicity relevant to the case is not one of the ones listed above.
If the dispute involves allegations of language discrimination, the language used by the people facing discrimination.
The possible strings for issues in this bucket are:
Arabic
Chinese
Spanish
Vietnamese
Other
"Other"
indicates that the language relevant to the case is not one of the ones listed above.
If the dispute involves allegations of sex or gender discrimination, the gender or sex of the people facing discrimination.
The possible strings for issues in this bucket are:
Female
Male
Intersex
If someone has a mental disability that is relevant to the litigation.
What types of parties were plaintiffs in the case.
What type of parties were defendants in the case.
This bucket also includes issues on whether preliminary injunctive relief (including temporary restraining orders) was granted or denied.
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Case issues that aren't part of the Clearinghouse's predefined choices. For examples of custom issues that have been added to the Clearinghouse, see Case Custom Issue.
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Issues that fall under Plaintiff Type. Plaintiff Type issues appear both in this array and in the issues array. For more information, see Plaintiff Type.
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Issues that fall under Defendant-type. Defendant-type issues appear both in this array and in the issues array. For more information, see Defendant-type.
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Issues that fall under Type of Facility. Type of Facility issues appear both in this array and in the issues array. For more information, see Type of Facility.
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Issues that fall under Constitutional Clause. Constitutional Clause issues appear both in this array and in the issues array. For more information, see Constitutional Clause.
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Issues that fall under Special Case Type. Special Case Type issues appear both in this array and in the issues array. For more information, see Special Case Type.
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Issues that fall under Content of Injunction. Content of Injunction issues appear both in this array and in the issues array. For more information, see Content of Injunction.
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If there is an injunction or injunctive-like relief in the case (see ), what kinds of behavior the injunction required.
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Admitting privileges
Birth control restrictions
Complete abortion ban
Criminalization
Disposal procedures
Fetus Identity
Licensing restriction
Mandatory delay
Medication abortion
Method-based abortion procedures
Parental notification
Physician-only abortion laws
Spousal notification
Telemedicine
Time-based abortion prohibition
Facility requirements
Cardiac activity legislation
Patient disclosure requirement
Undue Burden
Reproductive health care (including birth control, abortion, and others)
Commerce Power
If there is a question of whether or not the federal government could have taken this action under its Commerce Clause power, i.e. whether the law or action concerns "interstate commerce."
Cruel and Unusual Punishment
If someone alleges an Eighth Amendment violation.
Due Process
A clause within the Fifth and Fourteenth Amendments – includes procedural and substantive prongs. If this is selected, one of the following two should also be included.
Due Process: Procedural Due Process
If someone alleges that they have been unlawfully denied the right processes by which they can make their case. This might include things like needing a hearing or notice. If this issue is included, then "Due Process" should also be included.
Due Process: Substantive Due Process
If someone alleges that the thing which they have been deprived is itself unlawful. This might include things like the right for LGBTQ+ people to marry or a right to abortion. If this issue is included, then "Due Process" should also be included.
Emoluments Clauses
Enumerations Clause
Equal Protection
If someone alleges that they have been subject to unequal treatment, either because the law on its face singles them (or people like them) out or because the law has an effect that affects only them (or people like them).
Establishment Clause
If there is an allegation that the government is attempting to impose a set of religious beliefs on someone.
Excessive bail/fines
If someone claims that the amount they had to pay in fines or in fees to get out of jail were too high.
Ex Post Facto
If a law allegedly retroactively applied to criminalize someone's past conduct from when there was no law on the books.
Federalism (including 10th Amendment)
If there is a conflict between state and federal laws or functions and where the federal government's actions might be intruding upon a traditionally state area.
Fifteenth Amendment
Freedom of speech/association
If the government unlawfully prevents someone from expressing themselves or associating with others. This frequently comes up in protest cases.
Free Exercise Clause
If the government unlawfully restricts the ability for people to engage in their own religious practices or exercise their faith.
Full faith and credit
If there is a dispute that one court is not giving the full weight of another court's judgment (or another state's law) and instead is trying to come up with its own determination.
Petitions clause
Right to travel
If the government is unlawfully restricting someone's ability to move or travel.
Self-incrimination
If someone is maintaining their silence because they do not want to implicate themselves in a criminal investigation or trial but where the government is attempting to coax statements out of them.
Slavery/Involuntary servitude
If someone is alleging that they are being forced to work against their will or being forced to work for little or no compensation.
Supremacy Clause
If there are conflicting state and federal laws and where there is a dispute as to whether the federal law should nullify or override the state law.
Suspension Clause
Takings
If someone's property is taken unlawfully or if it is taken without just compensation.
Unreasonable search and seizure
If someone's person is unlawfully searched or seized (arrested), or if their property is similarly searched or seized (e.g., forfeiture).
Abortion
If the case concerns an issue relating to abortion.
This will often be selected if a value in the "Reproductive Rights" category is also selected, but that is not always true. For example, if the case is about access to non-abortion birth control, then this value should not be selected despite a value in the "Reproductive Rights" section being marked.
Access to lawyers or judicial system
If the case concerns someone claiming that they cannot reach or afford a lawyer or are prevented from filing their case with the court. This might often overlap with cases about people who are imprisoned and perhaps the Prison Litigation Reform Act (PLRA).
Access to public accommodations - governmental
This is about a person's ability to enter and do their business in facilities and buildings that are publicly owned (e.g. post offices, public schools, libraries, or city halls).
Access to public accommodations - privately owned
In contrast to governmental public accommodations (above), privately owned public accommodations are things like restaurants, dry cleaners, or movie theaters.
Administrative segregation
If people in prison are kept in more isolated quarters, often for disciplinary reasons. This term (sometimes called "AdSeg") is often interchangeable with "solitary confinement" (below).
Adoption
If the case is about the ability of someone to adopt. This often coincides with discrimination on the basis of that person's sexual orientation or race.
Aggressive behavior
If a plaintiff in a case alleges that they have been subjected to officials who act belligerently, perhaps to induce a reaction from that person. It might come up in cases alleging excessive force.
Assault/abuse by residents/inmates/students
If someone alleges that they have been harmed by their peers (e.g. by other students at a school, by other incarcerated people in a prison).
Assault/abuse by staff
If someone alleges that they have been harmed by people who are supposed to supervise or take care of them.
ATM Machines
If the case is about someone's ability to access an ATM.
Barrier Removal
If the case is about a physical barrier that someone has constructed. For example, this might come up in cases about protests where police officers might have erected gates or fences.
Bathing and hygiene
If the case is about someone's ability to live in clean spaces. Often this will come up in prison conditions cases alleging unhygienic cells or an inability to shower regularly.
Bathrooms
If the case concerns someone's ability to access functional bathrooms.
Buildings
If the case is about something to do with a building (e.g., access to a building, state of maintenance of a building, etc.).
Classification / placement
If the case is about how people are sorted into different places. Often this will be in the context of security-level for incarcerated persons or in a setting like a mental health care facility where someone alleges they are misplaced into the facility or denied access to a facility.
Commitment procedure
Communication skills
If the case is about someone's ability to speak or convey a message to someone else. For example, this might come up in language discrimination cases.
Concentrated Animal Feeding Operations (CAFOs)
If the case is about cruel treatment of animals in industrial-sized farms (termed "CAFOs").
Conditions of confinement
If the case is broadly about conditions in a prison or jail. This can include things like hygiene, abuse by staff or peers, or solitary confinement.
Confidentiality
Confinement/isolation
If officials place incarcerated or detained people in isolated settings.
Conflict of interest
If a party alleges that someone should not have been involved in the case or situation because of a professional/personal relationship with someone else.
Contraception
If the case is about access to birth control (e.g., IUDs, Plan B, condoms, etc.).
Counseling
If the case is about improper denial of access to mental health treatment in the form of a counselor or therapist.
Courts
If the case is about access to or quality of the courts in some way. This is more than just a case that occurs in a federal or state court.
Currency
If the case pertains to someone's ability to gain access to money in any format. Often will come up in prison conditions cases.
Deinstitutionalization/decarceration
If the plaintiff seeks to be released from prison, jail, or a mental health treatment facility.
Discharge & termination plans
If the case concerns how, or under what terms, a person will be allowed to leave a facility (e.g., mental health treatment).
Discharge without permits
If the case concerns environmental pollution and discharging pollutants without the requisite legal entitlements. This typically relates to allegations of violations of the Clean Water Act.
Disciplinary procedures
If officials are alleged to wrongfully determine, or have wrongful processes to determine, whether someone should be subject to discipline.
Disciplinary segregation
If individuals are isolated away from the general population (usually in prison settings) as a means of punishing someone for infractions.
Disparate Impact
If the law is facially neutral (i.e., does not single out people on the basis of a protected status) but has harms that disproportionately affect certain communities.
Disparate Treatment
If the law singles out people from certain protected groups (e.g., race, sexual orientation, religion, etc.).
Drivers Licenses
If someone alleges difficulty in obtaining a drivers license, perhaps after incarceration or because of age or gender status.
Education
If someone alleges unavailable or inadequate education.
Effective Communication (ADA)
If someone with a disability alleges that the lack of accommodations means that they lack the ability to receive information. Examples of effective communication might include a sign language interpreter or speech-to-text technology.
Emergency shelter
Environmental Impact Statements
If the litigation is about official government documents that detail how a proposed project will affect the environment. Environmental Impact Statements (EISs) are a requirement in the National Environmental Policy Act (NEPA).
Excessive force
If an official allegedly caused physical harm that was disproportionate to what was needed in the moment. Often this will occur in the prison or police contexts.
Extradition
If an individual is sought for criminal prosecution in another jurisdiction, often in an international context.
Failure to discipline
If a lawsuit alleges that a employer failed to keep employees accountable via punishment or discipline when they commit unlawful acts. Often this arises in prison and police contexts.
Failure to supervise
If a lawsuit alleges that an employer did not oversee the actions of its employees, which allowed the latter group to commit unlawful acts. Often this arises in the prison and police contexts.
Failure to train
If a lawsuit alleges that an employer did not instruct its employees on how to approach situations, which resulted in the latter group committing unlawful acts. Often this arises in the prison and police contexts.
False arrest
If someone alleges that they were arrested without probable cause, perhaps as an intimidation tactic or because the police misapplied the law.
Family abuse and neglect
Family reunification
If the case is about bringing family members (commonly children and parents) back together after they have been separated. Often this comes up in immigration contexts.
Fines/Fees/Bail/Bond
If the monetary penalty associated with being arrested (or the cost of leaving jail) is allegedly too high or burdensome.
Fire safety
If circumstances make a fire more likely or more dangerous because of building conditions, etc. that might not be in compliance with city codes.
Food service / nutrition / hydration
If the food or water being offered is inadequate, either nutritionally or quantitatively. Often this arises in prison settings.
Forced labor
If officials require that people do labor against their will, often without much, if any, compensation. Often this arises in prison settings.
Forfeiture
If someone was forced to give up things they owned (e.g., a car or home) as a result of a law, contract, or arrest.
Foster care (benefits, training)
Funding
If funding is relevant to the case, e.g. funding being revoked, sources of funding.
Good time
If someone seeks credit for good behavior while incarcerated that would reduce their total sentence length.
Government services
If the case is about government services. This is broadly defined, and can include things such as healthcare (e.g., gender-affirming surgery) or transportation.
Grievance procedures
If the process or structure for handling complaints, internal disputes, etc. is inadequate, meaning that people cannot effectively voice their frustrations. Often this arises in prison settings.
Groundwater
Habeas Corpus
If someone seeks last resort review of their criminal conviction after exhausting all their direct appeal options.
Habilitation (training/treatment)
Housing
If the challenge is about the availability or quality of housing generally. Housing can be defined broadly and may apply, for instance, to prison cells. It also applies to more obvious cases like access to rent-stabilized apartments.
Housing assistance
If the case concerns housing programs from the government. For example, the plaintiffs might allege that the housing programs are inadequate (amount, burdensome requirements) or that the programs are rejected by landlords (who prefer full-paying tenants).
Improper treatment of mentally ill suspects
If there was improper treatment of suspects who have a mental health condition. A common allegation is that the emergency response, usually a police officer (or several), caused a situation to escalate with someone having a mental health crisis and that a crisis responder would have been able to manage the situation more effectively.
Improper use of canines
If the police deployed police dogs (either drug-detection or attack dogs) in an allegedly unlawful manner.
Inadequate citizen complaint investigations and procedures
If a government entity does not properly look into incidents that citizens raise or have the right processes to do so on a regular basis. This is distinct from grievance procedures, which are more confined to the prison setting.
Incident/accident reporting & investigations
If an entity (government or private) does not look into incidents on its own, without persons raising issues. This also applies even if someone does raise the issue, and it can apply to private corporations.
Individualized planning
Informed consent/involuntary medication
If someone is being given medical treatment or medicine against their will or without all the proper information to make an educated decision.
International law
If the case involves laws from other countries outside of the U.S., or if it involves the international laws, such as those from international organizations like the United Nations or international treaties.
Juveniles
If the issue at stake affects young people. Often this arises in cases like child welfare disputes or when constitutional challenges are made to criminal laws that may treat younger criminal defendants too harshly.
Language access/needs
If someone cannot understand information on the basis of a language barrier.
Law library access
If an incarcerated person cannot access legal resources (e.g., textbooks, computers) needed to help them plead their case(s) in court.
LGBTQ+
If someone's sexual orientation or transgender status is at issue or a relevant factor in alleged discrimination.
Library (non-law) access
If an incarcerated person cannot access non-legal resources (e.g., leisure reading).
Loss or damage to property
If someone's belongings have disappeared or are damaged.
If someone is not able to access their mail or if their mail is being intercepted improperly. Often this comes up in prison settings.
Marriage
If someone's ability to marry freely is at stake.
Navigable waters
If the dispute concerns large bodies of waters (e.g., rivers, lakes). This comes up most frequently in environmental litigation or disputes about borders.
Neglect by staff
If a person's needs are not met because the staff is not giving them due care. This often involves someone who is incarcerated.
Other
Other Banking
Over/Unlawful Detention
If someone has been arrested and is kept in jail or prison despite the fact that they should have been allowed to be free.
Parents (visitation, involvement)
If someone, often incarcerated or institutionalized, is attempting to allow for their parents to visit them, or if their parents are either too involved or not involved enough in their affairs. This often will come up in cases involving juveniles.
Parking
If someone is having difficulty accessing parking. This often comes up in disability rights settings.
Parole grant/revocation
If the case involves someone attempting to (re)obtain parole.
Pattern or Practice
If an entity is alleged to consistently engage in unlawful behavior.
Payment for care
If someone receives treatment (often health or mental health), and how they pay or what they can afford is at issue.
Pepper/OC spray
If police or prison officials are accused of improper use of pepper spray.
Personal injury
If someone alleges that they have sustained injuries to their person.
Petroleum and petroleum byproducts
Phone
If someone seeks access to phones (to make calls).
Placement in detention facilities
If there is a question of whether someone should be placed in specific detention centers (or those centers at all).
Placement in mental health facilities
If there is a dispute as to whether someone should be placed (or where they should be placed) in mental health care facilities.
Placement in shelters
If there is a dispute as to whether someone should be put into shelters for homeless people.
Poverty/homelessness
If someone's low-income status or lack of a home is a factor in the reason the case has been brought.
Predatory lending
Prison Rape Elimination Act
Protective custody
Public assistance grants
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Quality of representation
Racial profiling
Racial segregation
Reasonable Accommodations
Reasonable Modifications
Reassessment and care planning
Record-keeping
Records Disclosure
Recreation / Exercise
Rehabilitation
Relative caretakers
Religious programs / policies
Restraints : chemical
Restraints : physical
Retail Shopping
Retaliation
Road construction
Sanitation / living conditions
School/University Facilities
School/University policies
Screen readers and similar accessibility devices
Search policies
Sex offender regulation
Sexual abuse by residents/inmates
Sex w/ staff; sexual harassment by staff
Siblings (visitation, placement)
Sidewalks
Solitary confinement/Supermax (conditions or process)
Special education
Staff (number, training, qualifications, wages)
Sterilization/sexual rights
Strip search policy
Suicide prevention
Terrorism/Post 9-11 issues
Testing
Test or device
Threatened/endangered fauna
Threatened/endangered flora
Timeliness of case assignment
Torture
Totality of conditions
Transportation
TTY/Close Captioning/Videophone/etc.
Underground Storage Tank (UST) leakage
Visiting
Voting
Voting: Physical/Effective Access
Wait lists
Watchlist
Website
Work release or work assignments
Youth / Adult separation
Crowding / caseload
If the prison or jail generally has too many people or if there are too many cases to process such that people are not processed in a timely fashion.
Post-PLRA Population Cap
If there are challenges seeking a hard cap on the amount of people who can be in a prison, after the passage of the Prison Litigation Reform Act of 1996.
Pre-PLRA Population Cap
Same as above but prior to the passage of the Prison Litigation Reform Act.
Accommodation / Leave
Contracting
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Hiring
Housing Sales/Rental
Insurance
Lending
Medical Exam / Inquiry
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Seniority
Sports
Steering
Testing
Training
Zoning
disability, unspecified
If someone alleges that they are being harmed because of a disability they have but do not specify what disability that is.
Hearing impairment
If someone's disability is that they have difficulty hearing.
Integrated setting
If someone seeks to be placed in an environment where they can interact with others to the fullest extent possible.
Least restrictive environment
If someone, often a student with special education needs, seeks to be in the classroom as much as possible.
Mental impairment
If someone has a disability that limits their ability to process information.
Mobility impairment
If someone has a physical disability that makes movement more difficult.
P&A access authority
P&A Associational Standing
Visual impairment
If someone has difficulty seeing.
Opioid disorder/medication
If someone has an addiction to medication or opioids.
Autism
If someone has autism.
Brain injury
If someone has a brain injury.
Cerebral palsy
If someone has cerebral palsy.
Depression
If someone has depression.
Developmental disability without intellectual disability
If someone has a disability that impairs their development but is not an intellectual disability.
Down syndrome
If someone has down syndrome
Intellectual/developmental disability, unspecified
If someone has a developmental disability that is not specific (or is not listed here).
Learning disability
If someone has a learning disability.
Mental Illness, Unspecified
If someone has an unspecified (or unlisted) mental illness.
Multiple sclerosis
If someone has multiple sclerosis.
Schizophrenia
If someone has schizophrenia.
Bed care (including sores)
If someone requires bedside assistance or alleges that their bedside assistance is inadequate.
Dementia
Dental care
If someone requires dental care but is not provided it.
End of life choice and DNR orders
If the case concerns someone's desire to receive euthanasia or to not be resuscitated in the event that they have suffered serious injuries.
Hepatitis
If someone suffers from hepatitis but perhaps has not received medical care or tests to verify and treat it.
HIV/AIDS
If someone has HIV or AIDS and does not receive proper treatment.
ICF/MR & HCFA standards
Intellectual/Developmental Disability
If someone has an intellectual or developmental disability and does not receive proper care.
Intellectual disability/mental illness dual diagnosis
If someone has both an intellectual disability and a mental illness but does not receive care for either.
Medical care, general
If someone generally desires medical care (e.g., general checkups).
Medical care, unspecified
If someone alleges denial of medical care but does not say what kind of care and does not allege a need for general care.
Medicare eligibility determination
If someone seeks an administrative determination that they qualify for Medicare.
Medication, administration of
If someone alleges that their medical provider improperly administered their medication, perhaps with respect to frequency.
Mental health care, general
If someone makes a general claim for mental health care. This might be a request for a general evaluation, for instance.
Mental health care, unspecified
If someone makes a claim about mental health care without specifying that it is for general purposes.
Self-injurious behaviors
If someone is engaging in self-harm and alleges that people are not properly supervising them or are causing the conditions that lead to self-harm.
Skin Infections
If someone alleges that their skin is infected because of conditions of confinement or unsanitary living spaces.
Suicide prevention
If someone alleges that facilities are not doing enough to prevent attempts at suicide.
Tuberculosis
If someone suffers from tuberculosis and seeks medical care.
Untreated pain
If someone has a vague pain that has been left untreated.
Vision care
If someone seeks vision care.
Wound care
If someone seeks treatment for their wound.
Attorneys fees or sanctions ordered
If the court ordered the defendant to either pay attorneys' fees or imposed sanctions (i.e., financial penalties) on the defendant as a punishment for wrongdoing.
CDC Guidance ordered implemented
If the court ordered that the defendant follow CDC guidance.
Contact tracing ordered
If the court ordered contract tracing for COVID-19 positive tests.
COVID reporting ordered
If the court ordered that positive cases of COVID-19 be reported.
COVID testing ordered/modified
If the court ordered that COVID-19 testing be conducted or conducted more frequently.
COVID vaccination ordered
If the court ordered that individuals be vaccinated.
Exercise/recreation regulated
If the court restricted exercise or recreation, often in prison settings, to prevent transmission of COVID-19.
Independent monitor/inspector imposed/assisted
If the court ordered that a third party inspect or monitor the COVID-19 situation in a space.
Inspection ordered/regulated
If the court ordered an inspection for COVID-19 cases.
Mitigation Denied
Mitigation Granted
Mitigation Requested
Non-retaliation ordered
Out-of-cell time regulated
If, in prison settings, the time that incarcerated persons could spend outside of the cell was limited to prevent transmission.
Population-Medically vulnerable
If the court ordered a remedy specific to medically vulnerable persons.
Population reduction/cap
If the court ordered a prison to reduce its population or imposes a cap with that effect.
PPE-ordered provided to prisoners for free
If the court ordered that incarcerated persons should be given protective equipment (like masks) for free.
PPE-ordered worn by staff
If the court ordered that staff must wear masks, etc.
Programming regulated
Quarantine/isolation ordered
If the court ordered that COVID-19-positive persons should be required to quarantine or isolate.
Release Denied
If the court denied release as a measure to prevent COVID-19 transmission.
Release Granted
If the court granted release as a measure to prevent COVID-19 transmission.
Release granted-group
If the release granted was as to a group of people or category of persons.
Release granted-individual
If the release granted was specific to a person or done on a case-by-case basis.
Release-process created/modified
If the court ordered that a mechanism for determining release be created.
Release Requested
If the plaintiff requested release because of COVID-19.
Sanitizer/Handsoap ordered made available/used
If the court ordered that a facility provide hand sanitizer or hand soap.
Social distancing ordered
If the court ordered that people stay socially distanced.
Solitary confinement regulated
If the court limited when solitary confinement could be imposed.
Transfer-ordered or process created/modified
If the court ordered that facilities begin a process for transferring people across facilities or if the facilities themselves created such a process to lower density in some places.
Video court ordered
If the court ordered that people be allowed to attend their hearings via Zoom or other video conference software.
Wellness/temperature checks ordered
If the court ordered that routine checks for wellness and temperature be conducted.
American Indian Tribe
A Native tribe
City/County Plaintiff
A city or county
Closely-held (for profit) corporation
A private corporation that was not publicly traded (i.e., they were owned by a small group, sometimes a family)
EEOC Plaintiff
The U.S. Equal Employment Opportunity Commission
Non-DOJ federal government plaintiff
An agency within the federal government that was not the EEOC or Department of Justice (DOJ)
Non-profit NON-religious organization
A non-profit and non-religious organization
Non-profit religious organization
A non-profit religious organization.
Private Plaintiff
An individual person or a private corporation that was not closely held
Public (for-profit) corporation
A public, for-profit corporation
State Plaintiff
A U.S. state
U.S. Dept of Justice plaintiff
The U.S. Department of Justice (DOJ)
Bank or credit provider
A financial institution
College/University
An institution of higher learning
Corrections
A prison or jail
Elementary/Secondary School
An elementary, middle, or high school
Fire
A fire department
Hospital/Health Department
A hospital or health department
Housing Authority
A governmental entity that aims to provide affordable housing
Insurer
An insurance company
Jurisdiction-wide
An entity that spans a geographic area. For example, a township, a city, a county, or a state
Law-enforcement
A law enforcement unit, like a police department
Movie Theater or Other Entertainment facility
An entertainment facility
Multi-family housing provider
A multi-family housing provider, often an apartment complex
Parks
A park
Restaurant
A restaurant
Retailer
A retailer, like a bookstore or grocery store
Sanitation/Public Works
A public works entity
Single family housing provider
A single family housing provider (i.e. it rents entire homes)
Transportation
A transit authority or transportation provider
Government-run
The facility is run by the government.
Non-government for-profit
The facility is a non-government space that operates for-profit.
Non-government non-profit
The facility is a non-government space that is non-profit.
Adoption Assistance and Child Welfare Act
If someone attempted to obtain subsidies from this act for the purposes of adoption.
Aid to Families with Dependent Children (AFDC)
If someone attempted to obtain financial assistance under this act for children from lower income households.
American Rescue Plan (ARP)
If a business attempted to receive money from this act amidst the COVID-19 pandemic.
CARES Act (Covid-related)
If someone attempted to obtain money from the CARES Act during the COVID-19 pandemic.
Comprehensive Employment and Training Act (CETA)
If someone attempted to obtain training and employment through this act.
DACA (Deferred Action for Childhood Arrivals)
If someone attempted to avoid deportation by qualifying for deferred action under this act.
Earned Income Tax Credit (EITC)
If someone attempted to receive a tax credit under this act.
Families First Coronavirus Response Act (FFRCA)
If someone attempted to receive family or medical leave under this act.
Food stamps/SNAP
If someone attempted to receive financial assistance to purchase food via this program.
Medicaid
If someone attempted to qualify for and receive health care under Medicaid.
Medicare
If someone attempted to qualify for and receive health care under Medicare.
Social Security Retirement and Death Benefit
If someone attempted to obtain the benefits of their deceased spouse.
SSDI
EMTALA (42 U.S.C. § 1395dd)
SSI
Stewart B. McKinney Homeless Assistance Act, 42 U.S.C.A. §§ 11301 et seq.
Temporary Assistance for Needy Families (TANF)
Women, Infants, and Children (WIC)
Direct Suit on Merits
EEOC Intervened in Private Suit
Private Party intervened in EEOC suit
Private Suit Related / Consolidated with EEOC Suit
Candidate qualifications
If there was a dispute as to whether an election could require a candidate meet certain qualifications.
Challenges to at-large/multimember district/election
Election administration
If there was a challenge to how the election was run.
Redistricting/district composition
If there was a challenge to how districts were drawn.
Results test
Vote decision rules
Vote dilution
If there were allegations that voting districts were gerrymandered so as to dilute the vote of a particular group of people.
Voter ID
If there was a dispute about what kinds of identification (if any) that a jurisdiction could require before allowing someone to vote.
Voter qualifications
If there was a dispute as to what a jurisdiction required of a voter before allowing them to vote, other than identification.
Voter registration rules
If there were procedures or rules that governed how a voter can register.
Electric chair
If the case concerns execution by way of electric chair.
Gas Chamber
If the case concerns execution by way of gas chamber.
Hanging
If the case concerns execution by way of hanging.
Lethal Injection - Chemicals Used
If the challenge to the use of lethal injection is that the specific chemicals that are used in the mixture are unlawful.
Lethal Injection - General
If the challenge is generally to lethal injection as a method of execution.
Lethal Injection - Staffing (including physician)
If the challenge is that a prison or facility does not have the required experts or physicians to administer the lethal injection.
Quality of representation
If someone who has been sentenced to death asserts that their legal counsel was ineffective in violation of their right to counsel under the Sixth Amendment.
Admission - criteria
What requirements or factors must be considered to allow someone to enter the United States.
Admission - procedure
What the process is for admitting someone into the United States.
Asylum - criteria
What requirements or factors must be considered to grant someone asylum.
Asylum - procedure
What the process is for granting someone asylum.
Border police
Members of law enforcement placed at the border.
Border wall
Physical barriers constructed or erected at the border.
Constitutional rights
Raising constitutional challenges to immigration restrictions.
Convention against Torture
If someone alleges that the denial of their attempt to immigrate (or their detention) violated the international convention against torture.
Criminal prosecution
Someone is being criminally prosecuted for attempting to cross the border.
Cuban/Haitian entrant
If the person attempting to enter the country is from Cuba or Haiti.
Deportation - criteria
What requirements or factors must be considered to deport someone.
Deportation - judicial review
The ability of courts to review a deportation decision.
Deportation - procedure
What process is followed to deport someone.
Detention - conditions
The conditions (sanitation, bedding, etc.) in detention spaces or facilities.
Detention - criteria
What requirements or factors must be considered to detain someone who is attempting to enter the country.
Detention - procedures
What process is followed in detaining someone.
Employer sanctions
Employment
Family Separation
If the effect of deportation is that parents and children are separated from each other.
ICE/DHS/INS raid
If immigration authorities conduct raids to find people who are undocumented.
Immigration lawyers
The ability to retain counsel during immigration proceedings.
Legalization/Amnesty
Refugees
Someone who is forced to flee somewhere on account of violence or unrest.
Sanctuary city/state
A jurisdiction that makes a general promise not to help deport people.
Status/Classification
Temporary foreign workers program
Temporary protected status
Temporary visitors
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
U.S. citizenship - acquiring
The process of and ability to obtain U.S. citizenship.
U.S. citizenship - losing
The process of and ability to lose U.S. citizenship.
Visas - criteria
What requirements or factors must be considered to give someone a visa to temporarily stay in the country.
Visas - procedures
What process is followed to give someone a visa to temporarily stay in the country.
Work authorization - criteria
What requirements or factors must be considered to give someone work authorization to temporarily stay in the country.
Work authorization - procedures
What process is followed to give someone work authorization to temporarily stay in the country.
Apology
If the defendant had to apologize.
Auditing
If someone (often a third party or the plaintiff) had to double check data or information gathered by the defendant.
Busing
In school desegregation cases, if part of the remedy was to provide buses to transport students from one area to a school in another area.
Comply with advertising/recruiting requirements
If the defendant had to advertise or recruit in specific ways.
Develop anti-discrimination policy
If the defendant had to come up with a proactive policy to not discriminate in the future.
Discrimination Prohibition
If the defendant was ordered not to discriminate.
Expungement of Employment Record
If demerits or marks on someone's employment record should be removed.
Follow recruitment, hiring, or promotion protocols
If someone had to attract new talent (or promote existing talent) based on specific requirements or methods.
Goals (e.g., for hiring, admissions)
Hire
If the defendant had to employ the plaintiff.
Implement complaint/dispute resolution process
If the defendant had to institute a means of allowing people to file complaints and resolving them.
Magnet school
If the defendant had to establish a magnet school that is not geographically-based but instead can be attended by students from a wider area.
Monitoring
If someone (often the court or a third party) oversaw implementation of certain requirements in an injunction.
Monitor/Master
If the court appointed a third party to oversee implementation of certain requirements in an injunction.
Neutral/Positive Reference
If an employer cannot give a negative reference and instead must at least provide a neutral one.
Other requirements regarding hiring, promotion, retention
Position Restored
Post/Distribute Notice of Rights / EE Law
Preliminary relief denied
If the court denied the plaintiff's request for a preliminary injunction or temporary restraining order.
Preliminary relief granted
If the court granted a preliminary injunction or temporary restraining order.
Preliminary relief request withdrawn/mooted
If the court did not actually weigh in on the request for a preliminary injunction because either the plaintiff rescinded their request or because there was no longer a need for a preliminary injunction.
Promotion
If the employer had to promote the employee.
Provide antidiscrimination training
If the defendant must now train their employees in how to not discriminate. For example, this might come up in police or prison contexts.
Reasonable Accommodation
If the defendant must provide accommodations that help a person with a disability access services/buildings/etc.
Receivership
If the court appointed a different kind of third party (receiver, rather than monitor or master) to oversee implementation of the injunction.
Recordkeeping
If the defendant must now keep more detailed records regarding incidents or daily occurrences.
Reinstatement
If someone must be allowed to return to their position/employment.
Remedial education
If the defendant was required to provide or undergo additional education to make up for prior lacking education.
Reporting
If the defendant is now required to issue routine reports detailing progress on complying with the injunction.
Required disclosure
If the defendant must now disclose incidents or occurrences as they happen.
New Election
If the court orders that a new vote be held.
Retaliation Prohibition
If the defendant is ordered to not retaliate against the plaintiff for raising issues or complaints.
Retroactive Seniority
If the court orders that someone be properly credited for the amount of time they have worked.
Student assignment
If students must be placed in particular schools in a specific way.
Training
If the employer must provide more training to their employees to remedy previously lacking training that led to violations.
Utilize objective hiring/promotion criteria
If the employer now must use non-subjective criteria (e.g., years worked, relevant experience) rather than personal feelings about a candidate.
Utilize objective job description
If someone must provide a job description with requirements listed that are non-subjective.
Warrant/order for search or seizure
If the court orders that someone or something be searched or seized.
State Statute Struck Down
If a state statute is deemed to be unconstitutional or otherwise in violation of the law.
Redistricting
If voting districts are determined to be unlawful and the court orders that they be redrawn.
Vote Counting
If the vote is close and the court orders a manual count.
Voting Process Changes
If the court orders changes to how the vote is held (e.g., if early voting is restricted or expanded).
Voter Registration
If the process for registering voters is ordered to expand or contract.
Appellate Court is initial court
If the case begins instead in an appellate court. Typically cases that are litigated in court begin in a trial court. Common examples of appellate courts that cases might start in include a U.S. Court of Appeals, a state supreme court, or a state appellate court.
Criminal
Habeas
If an individual files a civil suit challenging their criminal conviction. As noted above, criminal cases generally are denoted differently. Habeas is generally considered an individual's last resort attempt to overturn their sentence.
Multi-District Litigation (MDL)
An MDL consists of litigation that occurs in multiple federal district courts. Unlike a "normal" case that stays in one court, an MDL combines or consolidates cases from different courts.
For example, a normal case might occur in the Northern District of California. An MDL might bring together cases from that court, the Southern District of Florida, and the Western District of New York together in one proceeding.
Non-court arbitration/mediation
Arbitration and mediation are alternate means of resolving disputes. Litigation is an adversarial proceeding between parties that's overseen by a judge. Arbitration and mediation by contrast have greater involvement from the non-party (the arbitrator or mediator) that attempts to reach a more peaceful resolution.
Out-of-court
If a proceeding occurs completely outside of court. Examples include U.S. Department of Justice (DOJ) investigations and EEOC proceedings.
Tribal Court
If the proceeding occurs not in a federal or state court and seeks to resolve matters concerning indigenous tribes.
Warrant or subpoena application
If someone goes to the court and asks for court approval to perform an action. Examples would include seeking a warrant to search someone's home or arrest a person. Additionally, parties might go to the court to obtain a subpoena that would force another person to appear in court or to provide testimony.
Three-Judge Court
If federal district court litigation is overseen by a three-judge panel rather than by a single judge. This may arise in cases about prison overcrowding or older cases about voting rights challenges. These cases are increasingly uncommon.
Age discrimination
A person's age (often youth or elderly age)
Disability (inc. reasonable accommodations)
A person's disability. This could be the mere fact of having a disability, a specific disability, or requesting reasonable accommodations.
Family discrimination
Gender identity
A person's gender identity. For example, if someone alleges that they were mistreated or denied benefits because they were non-binary or transgender.
Immigration status
If a person was perhaps not a U.S. citizen, or they were undocumented.
Language discrimination
Military status discrimination
Whether a person was a veteran, for instance
National origin discrimination
Pregnancy discrimination
If a person was pregnant
Race discrimination
Religion discrimination
A person's religion
Sex discrimination
Sexual orientation
A person's sexual orientation. For example, if someone is a member of the LGBTQ+ community.
For more general information about courts, see .
If a case is a criminal prosecution. Most cases in the Clearinghouse are civil cases that ask for someone to change their behavior or pay an amount of money. By contrast, criminal cases are where the consequence of a finding of liability (in criminal cases, guilt) is usually a prison sentence. A good indication that a case is criminal is if the docket number has the letters "cr" instead of "cv" between the numbers (see ).
A person spoke a specific language (or did not speak English). If this issue is included, there is likely a corresponding issue from the bucket.
What country a person was from. If this issue is included, there is likely a corresponding issue from the bucket.
A person's race. If this issue is included, there is likely a corresponding issue from the bucket.
A person's sex or gender. For example, if someone alleges that they were denied equal treatment because they were a woman rather than a man. If this issue is included, there should be a corresponding issue from the bucket.