by David Reutter
The Fourth Circuit Court of Appeals reversed and remanded a federal district court's summary judgment granted to the Town of Seaboard in a diversity suit that alleged unreasonable use of deadly force. The court found that several genuine disputes of material facts exist on the record, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
