by Mark Wilson
The California Court of Appeals held that charging a fee to remove mugshot photographs from a company's website is not protected free speech activity. Accordingly, dismissal of claims against the company were not warranted under California's anti-strategic lawsuit against public participation (anti-SLAPP) law.
A California company posts ...
The U.S. Court of Appeals for the Ninth Circuit upheld a permanent injunction requiring automatic bond hearings for non-citizens who are detained longer than six months under three immigration statutes. The Court also held that hearings must be held at six month intervals when detention exceeds twelve months. Finally, alternatives ...
by Mark Wilson
The United States Court of Appeals for the Ninth Circuit held that the law was clearly established before 1984 that police officers have a duty to disclose material, exculpatory evidence.
In 1963, the United States Supreme Court held in Brady v. Maryland, 373 U.S. 83 (1963) that ...
by Mark Wilson
The United States Court of Appeals for the District of Columbia (D.C.) Circuit reversed a lower court’s refusal to grant attorney’s fees in a whistleblower action.
Elissa Rumsey works for the United States Department of Justice (DOJ), as a compliance monitoring coordinator for the Office of Juvenile ...
by Mark Wilson
The U.S. Court of Appeals for the Seventh Circuit held that federal courts lack jurisdiction to hear declaratory judgment actions filed by a city’s executive branch against its legislative branch. “State courts may have authority to resolve an intramural dispute,” the Court observed. “Otherwise it must be ...
by Mark Wilson
The U.S. Court of Appeals for the Eighth Circuit reversed summary judgment in favor of four police officers on an excessive force claim while arresting protestors of the Michael Brown police shooting death.
White Ferguson Police Officer Darren Wilson shot African-American teenager Michael Brown Jr. to death ...
by Mark Wilson
The United States Court of Appeals for the Ninth Circuit affirmed the suppression of evidence of gang affiliation obtained without Miranda warnings.
On July 4, 2012, Antonio Gilton was arrested for murder and invoked his right to counsel. He was taken to jail and locked in a ...
