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Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises by David Reutter by David M. Reutter The United States Court of Appeals for the Fifth Circuit held that the U.S. District Court …
The Murky Waters of Parole by David Reutter by David M. Reutter In most states, the grant of parole is an act of grace. The systems of parole vary amongst the states, but one thing is certain—prisoners have high hopes when they come under review. Another certainty, at least in …
Article • November 1, 2024 • from CLN November, 2024
ICE’s Deadly Force Problem: A Culture of Impunity by Jo Ellen Nott by Jo Ellen Nott To no one’s surprise, Immigration and Customs Enforcement (“ICE”) documents about use of force incidents over the six years from 2015 to 2021 were not readily available to the public. ICE leans heavily on …
Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the Eastern District of Missouri erred by concluding …
The Catch-22 of Qualified Immunity by Douglas Ankney by Douglas Ankney Judge Don Willett of the U.S. Court of Appeals for the Fifth Circuit and Judge Carlton Reeves of the U.S. District Court for the Southern District of Mississippi have authored opinions excoriating the doctrine of qualified immunity (“QI”). QI …
Enyart v. Cnty. of San Bernardino, CA, Order Denying Mtn for Judgment as Matter of Law, Wrongful Death, 2024 Case 5:23-cv-00540-RGK-SHK Document 186 Filed 06/11/24 Page 1 of 3 Page ID #:3641 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. 5:23-cv-00540-RGK-SHK Title Frances Enyart …
Enyart v. Cnty. of San Bernardino, CA, Jury Instructions, Wrongful Death, 2024 Case 5:23-cv-00540-RGK-SHK Document 180 Filed 05/24/24 Page 1 of 25 Page ID #:3163 FILED 1 CLERK, U.S. DISTRICT COL"RT 2 I 3 5/24/2024 0:1'- fRA I, l)ISTRICT BY: I or C,\LffORNIA JRE OEPlffY 4 5 6 UNITED STATES …
Enyart v. Cnty. of San Bernardino, CA, Verdict Form, Wrongful Death, 2024 Case 5:23-cv-00540-RGK-SHK Document 182 Filed 05/28/24 Page 1 of 5 Page ID #:3189 FILED 1 CLERK, U.S. DISTRICT COL"RT I 2 5/24/2024 I 0:1'- fRA I, DISTRICT OF C,\LffORNIA 3 BY: JRE OEPlffY REDACTED 4 5 UNITED STATES …
Enyart v. Cnty. of San Bernardino, CA, Summary Judgment Order, Wrongful Death, 2024 Enyart v. Cnty. of San Bernardino United States District Court for the Central District of California April 22, 2024, Decided; April 22, 2024, Filed 5:23-cv-00540-RGK-SHK Reporter 2024 U.S. Dist. LEXIS 74108 * Frances Enyart et al. v. …
Publication • January 2, 2024
Filed under: Prosecutorial Immunity
Prosecutorial Immunity and the Framework for Its Death, Jan. 2024 1/3/24, 1:16 PM Prosecutorial Immunity and the Framework for Its Death | New York Law Journal ALM LAW.COM Page Page Printed Printed From: From: https://www.law.com/newyorklawjournal/2024/01/02/prosecutorial-immunity-and-the-framework-for-its-death/? https://www.law.com/newyorklawJournal/2024/01/02/prosecutorlal-lmmunlty-and-the-framework-for-lts-deathn kw=Prosecutorial%20Immunity%20and%20the%20Framework%20for%20Its%20Death&utm_source=email&utm_medium=enl&utm_campaign=newsroomupdate&utm_content=20240102&utm_term=ny kw=Prosecutorial%20Immunity%20and%20the%20Framework%20for%20Its%20Death&utm_source=email&utm_medium=enl&utm_campaign=newsroomupdate&utm_content=20240102&utm_term=n)      © NOT NOT FOR FOR REPRINT REPRINT …
Article • June 15, 2023 • from CLN July, 2023
SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes by Richard Resch by Richard Resch The Supreme Court of the United States (“SCOTUS”) held that the “right-to-control” theory of liability, which imposes liability for depriving the victim of “potentially valuable economic information … necessary to …
Enyart v. Cnty. of San Bernardino, CA, Complaint, Wrongful Death, 2023 Case 5:23-cv-00540 Document 1 Filed 03/27/23 Page 1 of 36 Page ID #:1 1 2 3 4 5 6 7 8 9 10 11 12 13 Danielle R. Pena, Esq., SBN 286002 dpena@PHGLawGroup.com PHG Law Group 501 West Broadway, …
California Court of Appeal Holds Phrase ‘From Date of Parole’ Refers to the Start Date of Parole and the Federal Fair Credit Reporting Act Does Not Preempt the California Investigative Consumer Reporting Agencies Act by Douglas Ankney by Douglas Ankney In consolidated appeals, the Court of Appeal of California, Fourth …
Article • January 15, 2023 • from CLN February, 2023
Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant by David Reutter by David M. Reutter In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that a Fulton County, Georgia, assistant district attorney is not entitled …
Brief • March 16, 2022
Filed under: Parole Liability
Pendam v. State of Maharashtra, India, Oral Judgment, Emergency Parole, 2021 1 Judgment wp537.21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 537/2021 Hanuman Anandrao Pendam, Convict No. C/8026, Aged 33 years, Occ. Nil, Confined at Central Prison, Nagpur …. PETITIONER(S) // VERSUS …
Article • November 15, 2021 • from CLN December, 2021
Filed under: Qualified Immunity
New Mexico Abolishes Qualified Immunity by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Although many states across the nation continue to harbor and protect their employees from liability lawsuits—even in cases where the civil servant proved negligent or acted with reckless disregard—some, more progressive states, have taken the lead on …
Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Utah’s decision finding a prosecutor was …
Article • September 15, 2021 • from CLN October, 2021
Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable by Dale Chappell by Dale Chappell The fear that a police officer would be held personally responsible, should he be sued because of his actions in the line of duty, is nothing short of irrational and unfounded, a …
New Federalism and Civil Rights Enforcement, 2021 Copyright 2021 by Alexander Reinert, Joanna C. Schwartz & James E. Pfander Printed in U.S.A. Vol. 116, No. 3 NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT Alexander Reinert, Joanna C. Schwartz & James E. Pfander ABSTRACT—Calls for change to the infrastructure of civil rights …
Article • May 15, 2021 • from CLN June, 2021
Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s denial of qualified immunity to police who …
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