A federal judge in the District of Columbia has largely rejected the government’s attempts to modify an earlier order compelling it to return materials seized from attorney and law professor Daniel Richman, following a finding that the government violated Richman’s Fourth Amendment rights against unreasonable searches and seizures. The court…
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Eighth Circuit Upholds Emergency Closure of Calumet Inn Over Safety Concerns
The Eighth Circuit Court of Appeals has affirmed a lower court’s decision granting summary judgment to the City of Pipestone, Minnesota, and its building administrator, Douglas Fortune, in a lawsuit brought by the owners of the Calumet Inn. The Inn Owners had sued, alleging that Fortune’s temporary closure of the…
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Officer’s Prior Drunken Observation Justifies Later Traffic Stop, Court Rules
The Michigan Court of Appeals has reversed a lower court’s decision to dismiss an Operating While Intoxicated (OWI) charge, ruling that a police officer had reasonable suspicion to stop a vehicle based on observing the driver’s intoxication less than an hour before the stop. The ruling centers on the concept…
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Officer Wins Qualified Immunity in D.C. Excessive Force Case
A federal judge in Washington D.C. has granted summary judgment to a District of Columbia police officer and the city, ruling that the officer is protected by qualified immunity against claims of excessive force and assault and battery following a contentious arrest. The decision hinges on the high legal bar…
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Voluntary Admission Doesn’t Bar Constitutional Claim for Care, Second Circuit Rules
The Second Circuit Court of Appeals has delivered a significant ruling, overturning a lower court’s decision and establishing that residents voluntarily admitted to state developmental disability facilities retain substantive due process rights to adequate medical care. The ruling mandates that the case be sent back to the District Court for…
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Justice Fails to See Eye-to-Eye on Delay Damages: Mandatory Rule Ignored, Dissent Argues
A recent decision from the Pennsylvania Superior Court has sparked a sharp disagreement among the judges regarding the application of mandatory procedural rules, specifically concerning the awarding of delay damages. In a dissenting opinion filed in the case of *Arreguin v. Kensing*, Judge Sullivan forcefully criticized the majority’s decision, arguing…
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Seventh Circuit Upholds Detention of Repeat Crosser with Serious Criminal History
The U.S. Court of Appeals for the Seventh Circuit has affirmed a district court’s decision to detain Alfredo Juarez-Perez pending trial on a new charge of illegal reentry, ruling that an existing immigration detainer does not automatically eliminate the risk of flight under the Bail Reform Act. The court found…
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Death Penalty Bar Upheld: Court Finds Sufficient Evidence of Intellectual Disability in Miami-Dade Murder Case
The Third District Court of Appeal in Florida has affirmed a lower court’s decision declaring Reginald Jackson intellectually disabled, a finding that legally bars the imposition of the death penalty in his pending murder case. The State of Florida had challenged the ruling, arguing the trial court relied on insufficient…
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Chicago Court Upholds Vehicle Seizure Scheme, Rules It’s Police Power, Not a Taking
The Seventh Circuit Court of Appeals has affirmed a lower court’s decision to dismiss a class-action lawsuit challenging the City of Chicago’s aggressive vehicle forfeiture program, ruling that the city’s practice of towing, impounding, and ultimately disposing of vehicles to enforce traffic fines is an exercise of its police power,…
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Mortgage Servicer’s Foreclosure Threat Tossed Back to Lower Court Over “Assignment” Status
The Seventh Circuit Court of Appeals has sent a mortgage dispute back to the district court, ruling that the lower court improperly dismissed a homeowner’s lawsuit against her loan servicer based on an unproven assertion that the servicer was an “assignee” of the original lender. The case centers on Ramona…