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Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim
by Mark Wilson
The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of unreasonable seizure and First Amendment violation claims. The Court held that there were disputed issues of material fact on whether police had probable cause to cite plaintiff for obstructing a buffalo herding operation.
Several ...
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More from this issue:
- Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards, by Matthew Clarke
- Criminal Cops: Tracking Crimes Committed by Police Officers, by Christopher Zoukis
- Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job, by Matthew Clarke
- Seventh Circuit: No Federal Court Jurisdiction to Resolve State Executive and Legislative Branch Disputes, by Mark Wilson
- Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim, by Mark Wilson
- Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings, by Mark Wilson
- Mississippi Supreme Court Upholds Lawyer’s Contempt Sanction for “Improper” Argument, by Mark Wilson
- Trump Administration Kills Obama’s Forensic Evidence Reliability Reform Efforts, by Mark Wilson
- Georgia Supreme Court Grants New Trial After Trial Transcript Lost, by Christopher Zoukis
- New California Law Safeguards Minors’ Rights When in Police Custody
- $450,000 Settlement to Whistleblower in Case of Framing, by David Reutter
- What Do You Get for Kicking Handcuffed Suspects? Promoted and $130,000 Annual Pension for Life, by Derek Gilna
- Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System, by Mark Wilson
- Suffolk County District Attorney and Aide Indicted for Beating and Coverup, by Derek Gilna
- Baltimore Police Department’s Misconduct Scandals Result in Hundreds of Dismissals and Indictment of Eight Officers, by Derek Gilna
- Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim, by Mark Wilson
- New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials, by Christopher Zoukis
- DOJ Ends Unconstitutional Investigative Holds by Louisiana Police, by David Reutter
- Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest, by Christopher Zoukis
- In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees, by Mark Wilson
- Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures, by David Reutter
- Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines, by Christopher Zoukis
- Texas Attorney General Rules Civilly Committed Sex Offenders Entitled to Vote by Mail Ballot, by Matthew Clarke
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, by Brandon Sample
- New York City Quietly Assembling Massive Unregulated DNA Database, by Derek Gilna
- Supreme Court Holds Texas May Not Use Outdated Standards to Determine Intellectual Disability in Death Penalty Cases, by Matthew Clarke
- Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim, by Mark Wilson
- Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims, by Mark Wilson
- From the Editor, by Richard Resch
- U.S. Supreme Court Decision Temporarily Throws Florida’s Death Machine Into Disarray and Prompts Change to State’s Death Penalty, by David Reutter
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, April 15, 2024. Expert Witnesses, Expert Witnesses/Testimony.
- Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim, March 1, 2024. Wexford Health Services, Failure to Treat, Expert Witnesses, Deliberate Indifference.
- One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines, Jan. 15, 2024. Commentary/Reviews, Expert Witnesses, Opinions and Expert Testimony, Opinion on Ultimate Issue.
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, Dec. 1, 2023. Respiratory, Ventilation, Sanitation, Summary Judgment, Expert Witnesses.
- Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun, Oct. 1, 2023. Expert Witnesses, junk science, Gun Laws/Crimes.
- Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, Feb. 15, 2023. Expert Witnesses, AEDPA, Ineffective Assistance of Counsel, Per se ineffectiveness.
- California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition, Jan. 15, 2023. Expert Witnesses, Mental Health, Sexually Dangerous Persons/Sexual Violent Predators.
- Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases, Oct. 1, 2021. Medical Misconduct, Expert Witnesses, Deliberate Indifference.
- Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle, March 15, 2021. Expert Witnesses, Expert and Opinion Testimony.
- Seventh Circuit Rejects Retaliation Claim Based on Suspicious Timing Alone, Oct. 4, 2020. Retaliation, Searches, Failure to Protect (General), First Amendment, rights.
