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Article • December 11, 2017
Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Fifth Circuit has allowed Sierra Club to intervene in a reverse Freedom of Information Act (FOIA) records request lawsuit. The dispute stemmed from FOIA requests …
Article • December 7, 2017
Expert Opinions Sufficient to Dispute Material Facts for Denial of Summary Judgment by David Reutter By David Reutter A Michigan federal district court held that an Eaton County, Michigan Sheriff's sergeant had "arguable probable cause" to stop and detain a motorist for flashing his high beams at him as they …
Article • December 7, 2017
Filed under: Parole, Parole Conditions
Qualified Immunity for Parole Commissioner Accused of Biased Decision Making by David Reutter by David Reutter District of Columbia Court of Appeals held the former chairman of the United States Parole Commission was entitled to qualified immunity in a prisoner's lawsuit alleging that his denials of parole were infected by …
Article • December 7, 2017
Alabama Prisoner Convicted of Kidnapping Minor Can be Labeled Sex Offender by David Reutter The Eleventh Circuit Court of Appeals held that an Alabama prisoner failed to state a claim against the Alabama Department of Corrections (ADOC), when he alleged that its application of a 2011 sex offender (S.O.) statute …
Article • December 7, 2017
$67,500 Settlement in Case of Mistaken Identity in Minnesota by Lonnie Burton by Lonnie Burton On July 19, 2016, the city of Hopkins, Minnesota, finalized a settlement agreement in which it agreed to pay a man who was falsely arrested and charged with a sex offense a total of $67,500. …
Article • December 7, 2017
Filed under: Police Misconduct, Police
Unlawful Ban on Trooper's Speech Outside His Official Duties Not Entitled to Qualified Immunity by David Reutter by David Reutter The Ninth Circuit Court of Appeal held that a Nevada Highway Patrol (NHP) policy prohibiting all of its K9 handlers and line employees from discussing its K9 program with any …
Article • December 7, 2017
$82,500 Damages to Detained American, Federal Judge Blasts ICE by Christopher Zoukis By Christopher Zoukis In a scathing opinion, Judge Jack B. Weinstein, Senior Judge of the United States District Court for the Eastern District of New York, awarded a wrongfully detained American citizen $82,500 in damages for false arrest …
Article • December 7, 2017
$151,000 Malicious Prosecution Award Upheld by Pennsylvania Appellate Court by Christopher Zoukis by Chris Zoukis A three judge panel of the Commonwealth Court of Pennsylvania has upheld a Philadelphia County Court of Common Pleas finding that Detective Linda Blowes was liable for the tort of malicious prosecution to the tune …
Article • December 1, 2017
$100,000 Settlement in Atlanta False Arrest and Imprisonment by Christopher Zoukis By Christopher Zoukis A Georgia woman who claimed that she was wrongfully arrested and jailed settled her claims against the City of Atlanta for $100,000 in August 2013. Teresa Culpepper, 48, called 911 on August 21, 2011 to report …
Article • December 1, 2017
$6.375 Million to Exonerated Former Prisoner by Christopher Zoukis By Christopher Zoukis A man who was wrongfully convicted of rape and attempted armed robbery agreed in August 2013 to accept $6.375 million to settle his claim that he was wrongfully convicted and imprisoned for over a decade. Larry Gillard was …
Article • December 1, 2017
$1.5 Million to Cali. Phlebotomist for Sexual Harassment Suit Against Supervising Police Officer by Christopher Zoukis By Christopher Zoukis An Oceanside, California woman who provided phlebotomy services to the Oceanside Police Department for three months in 2008 was awarded $1.5 million on April 17, 2013. The jury award was for …
Article • December 1, 2017
California Attorney Invoices Not Categorically Exempt from PRA Disclosure by Mark Wilson by Mark Wilson The California Supreme Court held that legal billing statements in closed cases are not categorically exempt from disclosure under California’s Public Records Act (PRA). Modeled after the federal Freedom of Information Act (FOIA), the California …
Tenth Circuit: Oklahoma Sex Offender Restrictions Are Not Punitive by Mark Wilson by Mark Wilson The Tenth Circuit held that Oklahoma's sex offender reporting and residency requirements do not amount to punishment. Juston Shaw was convicted of a 1998 Texas sex offense. He moved to Oklahoma ten years later. At …
Article • November 30, 2017
Appeals Court Rules in Favor of NAACP Ad by Mark Wilson by Mark Wilson The United States Court of Appeals for the Third Circuit held that a lower court's ban of a prison reform ad was unconstitutional. The court upheld a lower court's injunction, enjoining Philadelphia from prohibiting non-commercial speech …
Article • November 30, 2017
Connecticut Removal of Spanish-Speaking Juror Not Reversible Without Prejudice by Mark Wilson by Mark Wilson The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown. Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was …
Article • November 30, 2017
Filed under: Criminal Procedure
Whether Indiana Identity Fraud is for "Unlawful Purpose" is Affirmative Defense, Not Element of Offense by Mark Wilson by Mark Wilson The Indiana Court of Appeals held that whether a person falsely uses another person's identity is "for an unlawful purpose" is an affirmative defense rather than an element of …
Article • November 30, 2017
Nevada: Woman Freed After 35 Years Sues for Wrongful Murder Conviction by Lonnie Burton by Lonnie Burton Homophobic police officers in Reno, Nevada framed a mentally ill woman for a murder she did not commit by labeling her a lesbian, withholding evidence and coercing a confession from her, her attorneys …
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The …
Article • November 30, 2017
Reform of Florida’s Criminal Justice Laws Urged by David Reutter by David M. Reutter Florida taxpayers spend around $2.3 billion annually on the state’s Department of Corrections--twice what they spend on Florida’s 28 public colleges combined. At least five other states also led by Republican governors and GOP legislative majorities--Alabama, …
Article • November 30, 2017
Study Indicates Racial Bias Skews Criminality Risk Assessment Tool by David Reutter by David Reutter The use of software to predict future criminality is increasing in popularity. However, a study by ProPublica, an independent, nonprofit news agency that produces investigative journalism, found that prediction programs are racially skewed. Risk assessments …
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