News & Analysis as of

Civil Rights Civil Remedies Criminal Law

Read Civil Rights updates, alerts, news, and legal commentary from leading lawyers and law firms:

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

What should I do when I receive a letter from a prosecutor?

by Ifrah PLLC on

Do you know what to do if you receive a letter from a federal prosecutor? If not, watch this!...more

Settlement Of HB 56 Lawsuit Means Permanent Injunction Against Some Provisions Of Alabama’s Immigration Law

by Burr & Forman on

On October 29, 2013, the Southern Poverty Law Center (SPLC) published a settlement agreement reached with the State of Alabama to end its challenge of HB 56, Alabama’s immigration law in exchange for a court order permanently...more

Fee Caps Do Not Apply to Prisoners Defending Judgment on Appeal

by Hinshaw & Culbertson LLP on

In Woods v. Carey the Ninth Circuit Court of Appeals decided a case on the recovery of attorney fees in the context of a prisoner defending a judgment on appeal....more

Immigrants Await Results of Suit Against U.S. and Jefferson County, Illinois

by Ronald Shapiro on

It has now been more than two months since the National Immigrant Justice Center (“NIJC”) filed a lawsuit against officials of U.S. Immigration and Customs Enforcement (“ICE”) and Jefferson County, Illinois relating to the...more

Churchill Wisdom; On Advice

by Matthew Thompson on

Listen to your Attorney. Listen to those professionals that you hire to tell you what to do!...more

I was just served with a notice to appear at a hearing concerning a restraining order against me, what should I do?

by George Bourguignon on

If you have just been served a notice about a restraining order, you should read this post, and fast! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

Audio Recording of Police in Action Found to Be Protected Right under 1st Ammendment

Audio Recordings of Police Are Protected By First Amendment According to Two Different Courts Of Appeal. The U.S. Supreme Court on Monday delivered a blow to Illinois’ 50-year-old anti-eavesdropping law according to trial...more

Criminal Court System

by Kenneth Vercammen, Esq. on

The following contains some pertinent information that might be of help to you as you become involved in the criminal justice system as a victim or witness. Apprehension and Arrest of the Accused There are three basic...more

Sexual Assault on Employee by Supervisor: Employer and Supervisor Liable for $620K

by Dentons on

The Ontario Court of Appeal has upheld a jury award of $470,000 in damages, plus a costs award of $150,000, against an employer and a supervisor for the supervisor’s sexual assault of an employee. The employee, a...more

Exemption From Criminal Liability Of Family Members For Certain Crimes

by Rey Cartojano on

Article II Section 12 of the Constitution provides that the State shall protect and strengthen the family as a basic autonomous social institution. As a policy of the State, it is the duty of the State to fortify the union of...more

What is the result if I do not comply with a court order?

by George Bourguignon on

If you are unsure how to comply with a court order or have been accused of contempt of court or are wondering what could happen if it is found that you did not comply with a court order, then you want to give this your...more

CARTER VS. BIGELOW

MEMORANDUM DECISION AND ORDER GRANTING MOTIONS TO STRIKE AND DENYING MOTION TO AMEND AND RENEWED MOTION TO STAY

by Russell P. Butler on

In a case of first impression, the United States District Court considered a crime victim's representative's right under federal law to proceeding free from unreasonable delay. The court granted (1) both the victim's...more

Kanios v. Marlow and State

VICTIM'S PETITION FOR WRIT OF CERTIORARI

by Russell P. Butler on

Case is a petition for certiorari to the Maryland Court of Appeals which raises issues of first impression. The District Court of Maryland denied a crime victim the ability to obtain her property right to restitution. Victim...more

Corporatize Corruption

by Monica Lakhanpal on

Corporatize Corruption: Its a win win situation for all concerned, our government stands to gain by way of taxes from the government officials which opens up the largest segment for earning tax, the officials stand to gain by...more

Judge Enjoins Georgia Immigration Law

by Ronald Shapiro on

Federal Judge Thomas Thrash has reportedly enjoined parts of a Georgia law that was due to take effect on July 1, 2011. In granting a temporary injunction to complainants, he ruled that they were likely to prevail at trial on...more

Ken Berry: Litigation Paralegal and Award-Winning Prisoner Advocate

by Lynne DeVenny on

I wrote this Paralegal Spotlight for Paralegal Today (July/Sept 2010) featuring Ken Berry, a litigation paralegal and award-winning prisoner advocate. Incarcerated for eight years due to a wrongful conviction, Berry turned...more

DAWN RAIDS ON THE TCHENGUIZ BROTHERS - UNDERSTANDING THE COURTS' POWER TO AUTHORISE SEARCH ORDERS

by jonathan brogden on

RUDE AWAKENINGS: DAWN RAIDS ON THE TCHENGUIZ BROTHERS – UNDERSTANDING THE COURTS' POWER TO AUTHORISE SEARCH ORDERS As part of the SFO's investigations into the 2008 collapse of Kaupthing Bank, over 130 police officers...more

Pleas, come home for Christmas

by Chris Hignite on

The snow came early this year. Just as the 25 days of the Christmas season had begun Kentucky got a blanket of white. More than usual I'm in the Christmas spirit this year. However, too many of us will sit in jail this...more

Animal Law Update

by Jonathan Schopf on

Animal Law Update - August 2010...more

A Comparison between Remedial Systems in Canada and Mexico

by Guillermo Cruz on

Canada and Mexico have constitutional systems that are in accordance with international law on the protection of human rights. Both nations have adopted provisions in their fundamental laws to ensure remedial actions if...more

Hemant Goswami vs Union of India (CWP1257 of 2008)

Public Interest Litigation filed on the nexus of Police with the Drug Mafia

by Hemant Goswami on

Civil Writ Petition under Articles 226/227 of Constitution of India for issuance of writ of Mandamus for directing the respondents to initiate prosecution against the senior police officials u/s 59 of NDPS Act and Sections...more

Lawson v. New York Billiards Corp.

Memorandum and Order

by Ronald Coleman on

Plaintiffs, a former employee and his wife, filed an action against defendants, a corporation and two officers, alleging breach of employment contract and wrongful discharge, malicious prosecution, intentional infliction of...more

Lawson v. New York Billiards Corp.

Brief of Plaintiffs in Opposition to Defendants' Motion for Summary Judgment

by Ronald Coleman on

Plaintiffs, a former employee and his wife, filed an action against defendants, a corporation and two officers, alleging breach of employment contract and wrongful discharge, malicious prosecution, intentional infliction of...more

Model Police SWAT/ERT Creation and Organization Plan

by Jeffrey-Peter Hauck on

The Model Police SWAT/ERT Plan was crafted to give criminal defense attorneys and those pursuing Title 42 section 1983 actions a familiar baseline from which to gauge police activity and guidelines during the employment and...more

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