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Article • February 15, 2021 • from CLN March, 2021
Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit upheld the U.S. District Court for the Eastern District of Louisiana’s denial of qualified immunity to two police officers who …
Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eleventh Circuit held Private Probation Services, Inc., (“PPS”) acted in a quasi-judicial capacity by making sentencing decisions and that it was …
Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability by Casey Bastian by Casey Bastian In July 2014, college student James King was walking to a job when Grand Rapids, Michigan, Detective Todd Allen and FBI Special Agent Douglas Brownback stopped King, believing he was a fugitive in a Michigan crime. …
Prosecutors Who Demand Accountability From Everyone But Themselves by Casey Bastian by Casey Bastian When a criminal defendant enters a court of law, he or she is aware that the prosecutor intends to hold them accountable for any of their conduct alleged to have violated a law. The public implicitly …
Article • November 15, 2020 • from CLN December, 2020
Time to Curb Police Unions by Bill Barton by Bill Barton The May 25, 2020, death of George Floyd under the left knee of Derek Chauvin in Minneapolis served as the proverbial “straw that broke the camel’s back” when it came to spurring widespread public outcry over the seemingly endless …
Article • October 15, 2020 • from CLN November, 2020
Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2020, a summer of discontent, a summer rife with pandemic lockdowns and street protests, the Georgia Legislature chose not to address the unrest and …
Article • September 15, 2020 • from CLN October, 2020
New York Police Act With Impunity During Protests by Kevin Bliss by Kevin Bliss Critics say the New York City Police Department (“NYPD”) is responding to protestors of George Floyd’s May 25, 2020, death with increased violence and no fear of repercussion. Accusations have been made of beatings, pepper spraying, …
Article • August 15, 2020 • from CLN September, 2020
Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits by Kevin Bliss by Kevin Bliss Derek Chauvin could still receive about $50,000 a year in pension partly funded by taxpayers like George Floyd’s surviving family, even if he’s convicted of second-degree murder. Moreover, qualified immunity would most likely prevent …
Article • June 15, 2020 • from CLN July, 2020
Filed under: Qualified Immunity
Joint State-Federal Task Forces Practice Rogue Justice Under Protection of Qualified Immunity by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Hundreds of rogue joint state-federal task forces—accountable to no one, and acting as units of vigilante justice—continually violate the constitutional rights of individuals while hiding behind the aegis of “qualified …
Qualified Immunity Letter to Congress, Nat'l Police Accountability Project, 2020 June 9, 2020 Dear Speaker Pelosi, Leader McCarthy, Majority Leader McConnell, and Minority Leader Schumer: National Police Accountability Project A Project of the National Lawyers Guild Executive Director Rachel A. Pickens ____________ Board of Directors: President Michael Avery President-Elect Julia …
Article • February 19, 2020 • from CLN March, 2020
Alabama Sheriff Denied Immunity for False Charges Against Whistleblower by Anthony Accurso by Anthony Accurso An Alabama sheriff was denied immunity for acts taken to extort and silence a whistleblower who exposed her corruption. In Alabama, sheriffs are allowed to receive as personal income any excess funds “left over” after …
Department of Justice - Investigation of South Carolina Department of Juvenile Justice's Broad River Road Complex, 2020 U.S. Department of Justice Civil Rights Division Assistant Allorney General 950 Pennsylvania Ave, NW - RFK Washington, DC 20530 FEB Ot2020 The Honorable Henry McMaster Governor of South Carolina State House 1100 Gervais …
Publication • December 27, 2019
State of West Virginia Division of Corrections and Rehabilitation, Summary and Memo to Governor, Nazi salute, 2019 State of West Virginia OFFICE OF THE SECRET ARY DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY Building 1, Suite W-400 1900 Kanawha Blvd., East Charleston, West Virginia 25305 Telephone: (304) 5SS-2930 Facsiinile:(304) 55&-6221 …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Qualified Immunity
Qualified Immunity: Explained by Amir H. Ali, Emily Clark by Amir H. Ali and Emily Clark, The Appeal, a nonprofit criminal justice news site In [The Appeal] Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We …
Article • September 17, 2019 • from CLN October, 2019
First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit held that when a prosecutor performs a purely administrative function in relation to a criminal prosecution, she does not enjoy absolute prosecutorial …
Article • September 17, 2019 • from CLN October, 2019
Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision that a prosecutor does not enjoy absolute immunity from suit for fabricating evidence during a preliminary investigation. In November 1999, …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Qualified Immunity
Qualified Immunity: Explained by Amir H. Ali, Emily Clark by Amir H. Ali and Emily Clark, The Appeal, a nonprofit criminal justice news site In [The Appeal] Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice system. We …
Misconduct by prosecutors is rampant — how do we deter it? by Mike Fawer by Mike Fawer, The Lens, Opinion https://thelensnola.org/2019/04/11/misconduct-by-prosecutors-is-rampant-how-do-we-deter-it/ I have been involved in the criminal justice system for almost 60 years, initially as a federal prosecutor, but for the greater portion of my career as a criminal …
Seales v. City of Detroit, MI, Amended Judgment, Wrongful Arrest, 2019 Case 4:12-cv-11679-GAD-DRG ECF No. 201 filed 04/19/19 PageID.3185 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARVIN SEALES, Case No.: 12-11679 Honorable Gershwin A. Drain v. THOMAS ZBERKOT, Defendant. ___________________________/ AMENDED JUDGMENT This …
Article • April 12, 2019 • from CLN May, 2019
Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger by Dale Chappell by Dale Chappell Can police conduct a traffic stop simply because someone in the car gave them the finger? The U.S. District Court for the Western District of Virginia held that they …
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