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Articles by David Reutter

Class Action Fairness Act (CAFA) Bars Federal Court's Exercise of Jurisdiction in Alabama Red Light Scam

by David Reutter

The Eleventh Circuit Court of Appeals upheld a federal district court's decision to remand a class action suit back to the state court. The Eleventh Circuit agreed that the "home state" exception of the Federal Class Action Fairness Act (CAFA), 28 U.S.C. § 1332 (d), barred the ...

Testimony of Expert Witness Excluded

by David Reutter

A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care.

Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his Eighth Amendment rights and the American Disabilities Act ...

California Supreme Court Orders Consideration of Anonymization or Redaction of Mass Data for Public Record Disclosure

by David Reutter

The California Supreme Court held that while raw automated license plate reader (ALPR) data are excempt from California Public Records Act (CPRA) disclosure, further consideration is required to determine if the data may reasonably be anonymized or redacted to facilitate disclosure.

In 2012, the ACLU of Southern California ...

$450,000 Settlement to Whistleblower in Case of Framing

by David Reutter

The U.S. Court of Appeals for the Sixth Circuit ruled a one-legged woman exonerated of murder can sue a Kentucky State Police (“KSP”) detective whom the woman charged framed her. In connection with her case, a Louisville Metro Police Department (“LMPD”) detective who was integral in her ...

Eighth Circuit Reverses Summary Judgment in Deadly Excessive Force Claim Because Reasonableness of Officers’ Actions Not Conclusively Established

by David Reutter

The U.S. Court of Appeals for the Eighth Circuit reversed the grant of summary judgment on an excessive force claim in which police officers shot a man 10 times, killing him.

On March 29, 2013, Kansas City, Missouri police officers Megan Gates and Kevin Colhour responded to ...

DOJ Ends Unconstitutional Investigative Holds by Louisiana Police

by David M. Reutter

The U.S. Department of Justice (“DOJ”) determined that two Louisiana police agencies utilized unconstitutional “investigative holds.” The practice was used by the Evangeline Parish Sheriff’s Office (“EPSO”) and the Ville Platte Police Department (“VPPD”) to arrest and hold people in jail without obtaining a warrant and ...

Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures

by David Reutter

In response to a federal district court’scertified questions of law, the Tennessee Supreme Court held that when imposing split confinement sentences under the Tennessee Sentencing Reform Act of 1989, a trial judge is authorized to fix a percentage that the defendant must serve in actual confinement before ...

U.S. Supreme Court Decision Temporarily Throws Florida’s Death Machine Into Disarray and Prompts Change to State’s Death Penalty

by David M. Reutter

Following the 2016 U.S. Supreme Court ruling in Hurst v. Florida, 136 S. Ct. 616 (2016), which concluded that Florida’s death penalty sentencing scheme violated the Sixth Amendment and was thus unconstitutional, the state’s death machine came to a screeching halt and was in complete disarray ...

Efforts to End “Scourge of Money Bail” Meeting with Success

By David M. Reutter

The initiative by Equal Justice Under Law to end the incarceration pending trial of persons too poor to post bail is reaping positive outcomes.  Each day, there are about 500,00 human beings who languish in an American jail due to their inability to post a money ...

Expert Opinions Sufficient to Dispute Material Facts for Denial of Summary Judgment

By David Reutter

A Michigan federal district court held that an Eaton County, Michigan Sheriff's sergeant had "arguable probable cause" to stop and detain a motorist for flashing his high beams at him as they passed. The court also held the officer had reasonable grounds to arrest the motorist when ...

 

 

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