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Articles by Mark Wilson

California Mugshot Extortion Fee Claims Survive Anti-SLAPP Dismissal

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 ...

Ninth Circuit: Non-Citizen Detainees Entitled to Automatic Bond Hearings

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 ...

Ninth Circuit: Police Brady Duty Was Clearly Established in 1984

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 ...

$2 Million for Police Killing of Woman in Her Home

by Mark Wilson

South Carolina police paid $2 million to settle wrongful death claims of the estate of a woman who was shot to death in her home by police while executing a misdemeanor arrest warrant.

A Kershaw County arrest warrant was issued against Lori Jean Ellis, for a misdemeanor ...

Seventh Circuit Upholds Malicious Prosecution and False Arrest Dismissal

The United States Court of Appeals for the Seventh Circuit upheld the dismissal of false arrest and malicious prosecution claims of two Illinois men.

Jai Crutcher was incarcerated on Illinois offenses from 2002 to 2010. He was released in December 2010, but returned to prison for domestic battery in January ...

Second Circuit: Action Not Mooted by Rejected FRCP 68 Offer of Judgment

The United States Court of Appeals for the Second Circuit held that a rejected offer of judgment is “a legal nullity” which does not moot an action.

Radha Geismann, M.D., P.C., is a Missouri corporation that received two unsolicited advertising faxes from ZocDoc, Inc., a Delaware corporation. Both faxes required ...

D.C. Circuit Reverses Denial of DOJ Whistleblower’s Attorney’s Fees

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 ...

Seventh Circuit: No Federal Court Jurisdiction to Resolve State Executive and Legislative Branch Disputes

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 ...

Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim

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 ...

Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings

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 ...



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