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Article • December 21, 2017
Second Circuit: Action Not Mooted by Rejected FRCP 68 Offer of Judgment by Mark Wilson 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 …
Article • December 21, 2017
Joint Stipulation Doesn't Remove Federal Jurisdiction in Motion to Intervene by David Reutter The District of Columbia Circuit Court of Appeals granted consolidation of mixed motions from separate members of a class action suit filed against the United States Marshals Services (USMS) alleging racial discrimination directed at its African-American employers. …
Article • December 21, 2017
Reversal of Summary Judgment Due to Conflicting Officers' Reports by David Reutter by David Reutter   The Fourth Circuit Court of Appeals reversed and remanded a federal district court's summary judgment granted to the Town of Seaboard in a diversity suit that alleged unreasonable use of deadly force. The court …
Article • December 21, 2017
Filed under: Class Certification, Police
Class Action Fairness Act (CAFA) Bars Federal Court's Exercise of Jurisdiction in Alabama Red Light Scam by David Reutter by David Reutter The Eleventh Circuit Court of Appeals upheld a federal district court's decision to remand a class action suit back to the state court. The Eleventh Circuit agreed that …
Article • December 19, 2017
Testimony of Expert Witness Excluded by David Reutter by David Reutter A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care. Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his …
Article • December 19, 2017
Filed under: Public Records
California Supreme Court Orders Consideration of Anonymization or Redaction of Mass Data for Public Record Disclosure by David Reutter by David Reutter The California Supreme Court held that while raw automated license plate reader (ALPR) data are excempt from California Public Records Act (CPRA) disclosure, further consideration is required to determine …
Article • December 19, 2017
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 • December 19, 2017
This Activist Is Prying Loose Missouri Drug Task Force Records One Lawsuit at a Time by C.J. Ciaramella by C.J. Ciaramella Last month, a Missouri state circuit judge did something nearly unheard of: She punished a public official for flouting transparency laws. State Circuit Judge Patricia Joyce ruled that Cole County …
Article • December 19, 2017 • from CLN January, 2018
Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim by Mark Wilson 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. …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Evidentiary Ruling
Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings by Mark Wilson 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 …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Evidentiary Ruling
Trump Administration Kills Obama’s Forensic Evidence Reliability Reform Efforts by Mark Wilson by Mark Wilson Less than three months into the Trump administration, the President’s assault on science, truth, and all things Obama reached the criminal justice system. Under Trump’s watch, a commission working to improve the reliability of forensic …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Transcripts
Georgia Supreme Court Grants New Trial After Trial Transcript Lost by Christopher Zoukis by Christopher Zoukis The Georgia Supreme Court unanimously ruled on October 2, 2017 that a convicted murderer was entitled to a new trial because the original trial transcript was destroyed in a fire, and the State’s efforts …
$450,000 Settlement to Whistleblower in Case of Framing by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit ruled a one-legged woman exonerated of murder can sue a Kentucky State Police (“KSP”) detective whom the woman charged framed her. In connection with her case, a …
Article • December 19, 2017 • from CLN January, 2018
Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System by Mark Wilson by Mark Wilson On April 28, 2017, the Idaho Supreme Court reversed the dismissal of a class action lawsuit alleging that Idaho’s public defense system violates federal and state constitutional standards. The Court …
Eighth Circuit Reverses Summary Judgment in Deadly Excessive Force Claim Because Reasonableness of Officers’ Actions Not Conclusively Established by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit reversed the grant of summary judgment on an excessive force claim in which police officers shot a …
Article • December 19, 2017 • from CLN January, 2018
In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees by Mark Wilson by Mark Wilson The Louisiana Supreme Court held that an attorney representing an incarcerated felon is not subject to La. R.S. § 44:31.1 when …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Searches, Expert Witnesses
Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of unreasonable seizure and First Amendment violation claims. The Court held that there were disputed issues of material fact on whether police had …
Article • December 19, 2017 • from CLN January, 2018
Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims by Mark Wilson by Mark Wilson Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought …
Brief • December 18, 2017
Parada De Turcios v. County of Los Angeles, CA, Request and Order for Dismissal, Negligence (Motor Vehicle), 2017 CIV-110 ATTORNEY OR PARTf WITHOUT ATTORNEY: STATE BAR NO: Mark A. Anderson, Esq. KUZYK LAW, LLP STREET ADDRESS: 1700 West Avenue K, Suite 101 c1w Lan caster TELEPHONE NO.: (661) 945-6969 263655 …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
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