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Article • January 19, 2018 • from CLN February, 2018
Yes, Lawsuits Are Expensive—But So Is Police Misconduct by Antonio Romanucci by Antonio Romanucci Last week, my firm, Romanucci & Blandin, secured the largest verdict ever in a police misconduct lawsuit in Illinois against the city of Chicago — $44.7 million. In an op-ed reacting to the verdict, William Choslovsky …
Article • January 19, 2018 • from CLN February, 2018
$44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History by Derek Gilna by Derek Gilna On October 27, 2017, a federal jury awarded a record $44.7 million to a man, Michael LaPorta, who was shot by a drunken off-duty Chicago police officer named Michael Kelly. …
District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief by Derek Gilna by Derek Gilna Residents in Suffolk County, N.Y. concerned about crime in their community did not need to look any further than the activities of their own district attorney, Thomas Spota, 76, …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Editorials
From the Editor by Richard Resch by Richard Resch Welcome to Criminal Legal News (“CLN”). This issue of CLN has been circulated to a wide and diverse audience beyond the usual suspects, so many individuals who have received a copy may not be familiar with CLN, Prison Legal News, or …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes by The United States Court of Appeals for the Eighth Circuit ruled on September 28, 2017 that a generic burglary conviction in Illinois cannot be used as one of the three “violent felonies” necessary to establish violation of …
Article • January 19, 2018 • from CLN February, 2018
News in Brief by Alabama: Two former officers with the Southside Police Department were arrested in early December 2017 on several sex crime charges. Jonathan Perry Works, 41, and Brian Edward Walker, 44, were both booked into the Etowah County Jail. Both former cops have been charged with various sex …
Article • January 19, 2018 • from CLN February, 2018
Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State? by Derek Gilna by Derek Gilna "Security checkpoints with identification scanners guard the train station and roads in and out of town. Facial scanners track comings and goings at hotels, shopping malls and banks. Police use …
Eighth Circuit Holds Missouri Police Not Entitled to Immunity in Wrongful Death Suit by Edward Lyon by Edward Lyon Kansas City policemen Shawn Todd and David Epperson responded to a burglary call at a vacant house. At the house Epperson covered the front, while Todd went to the rear. Todd …
Sex Registries as Modern-Day Witch Pyres: Why Criminal Justice Reform Advocates Need to Address the Treatment of People on the Sex Offender Registry by Guy Hamilton-Smith by Guy Hamilton-Smith, In Justice Today Perhaps the most irrefutable statement that can be made about modern day America is this: we have a penchant …
Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America by Christopher Zoukis by Christopher Zoukis The U.S. is a world leader in the jailing and imprisoning of its own citizens. The FBI estimates that local, state, and federal authorities have carried out more than a quarter-billion arrests …
Article • January 6, 2018 • from CLN January, 2018
Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards by Matthew Clarke by Matt Clarke A 2009 report by the National Academy of Sciences (“NAS”) criticizing the varying quality of crime labs throughout the nation and questioning the scientific basis of several forensic methods that were routinely …
Article • January 3, 2018
Federal Circuit: Reasonable Suspicion Required to Search Prison Employee's Car by On May 12, 2003, the court of appeals for the Federal Circuit held that reasonable suspicion was required to search a federal prison employee's car. Derrick A. Wiley was employed as a teacher at a federal Bureau of Prisons …
Sex Offender Registries: An Easy Sell, But Do They Work? by Christopher Zoukis by Christopher Zoukis Sex offender registries are the norm in all 50 states and are an easy sell, politically. But the actual value of these laws, in terms of public safety, is increasingly being questioned. Do these …
Article • January 3, 2018
Texas Judge Resigns Over Speeding Ticket Quota by For more than 15 years David Viscarde was a volunteer municipal court judge in the small central Texas town of Calvert in Robertson County before he resigned over what he said was pressure by town officials to push speeding tickets through his …
Article • January 3, 2018
Filed under: Immigration
2015 Deportations Dropped to Lowest Since 2006 by Derek Gilna by Derek Gilna A 2016 report issued by the Department of Homeland Security said that deportations carried out in 2015 by the agency's Immigration and Customs and Enforcement (ICE) had dropped to the lowest level since 2006. According to DHS, …
Article • January 3, 2018
Filed under: Booking Fees
California Mugshot Extortion Fee Claims Survive Anti-SLAPP Dismissal by Mark Wilson 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 …
Article • January 3, 2018
Filed under: Bail Bonds, Immigration
Ninth Circuit: Non-Citizen Detainees Entitled to Automatic Bond Hearings by Mark Wilson 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 …
San Diego "Predator Free Zones" Struck Down by California Supreme Court by Christopher Zoukis by Christopher Zoukis The California Supreme Court has ruled that a statute restricting all registered sex offenders on parole in California from residing in large swaths of the state is unconstitutional as applied to registered sex …
Article • December 28, 2017
Supreme Court Sets Aside Complicated Pennsylvania Death Penalty Case by Derek Gilna by Derek Gilna The U.S. Supreme Court on June 9, 2016 overturned the action of relief by the Pennsylvania Supreme Court, that vacated the decision of a post conviction court that found the death penalty conviction  of Terrence …
Article • December 28, 2017
No Qualified Immunity to Trooper Who Failed to Secure Treatment for Arrestee by Matthew Clarke by Matt Clarke On April 27, 2016, the Eighth Circuit held that an Arkansas state trooper was not entitled to qualified immunity when he failed to seek medical care for a man he arrested who …
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