Civil Rights Personal Injury Constitutional Law

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US Supreme Court Ruling Impacts Jail Operations

On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No....more

Arizona Civil Verdicts 2014

Courage. Trial lawyers have lots of important traits and skills, and courage is at the top of the list. To be able to speak confidently to the jury who holds your client’s case in its hands, to tell that story in a way that...more

BB&K Police Bulletin: Arresting Armed, Mentally Ill Suspects

Officers May Have Immunity from Liability, Supreme Court Says - Overview: The United States Supreme Court found that two police officers were immune from liability under 42 U.S.C. section 1983 even if the officers failed...more

What is Excessive Force? Don’t ask the experts!

We are all very familiar with the recent incidents that occurred in Ferguson, Missouri and New York City. These two incidents brought to the national spotlight (yet again) the difficult, split-second decision making required...more

Trial by Jury: Why It Matters in a Democratic Society [Video]

In the United States, there is only one time (apart from military draft in wartime) when our government can demand that we go somewhere and do something at a specific time and place. That is when we are called to jury duty....more

Most-Invasive-Procedure-of-the-Month Award

Back in 2010 the police asked Dr. LaPaglia to conduct a body cavity search of Felix Booker. They were looking for illegal drugs. Dr. LaPaglia said yes and proceeded. First, he paralyzed Felix with drugs (legal ones). Then...more

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

7th Circuit Extends Bivens Civil Rights Actions to Brady Violations

This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal...more

Why Would I Sue the Government?

Certain situations exist where you can file some kind of legal action against the government, either administrative or a lawsuit. Examples are special education due process hearings and Section 1983 claims for violation of...more

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more

Langarica v. County of Los Angeles

Appellate Opinion

After hospital staff got into a dispute with Appellant, Antonio Langarica, the hospital defendants convinced the social worker defendants that Antonio had a bad attitude and needed to be brought into line. They then worked...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

Broadwater v. Fow et al.

Complaint

FRANKLIN COUNTY MAN FILES COMPLAINT IN FEDERAL COURT ALLEGING STATE POLICE CORPORAL VIOLATED HIS CIVIL RIGHTS DURING AN UNPROVOKED ATTACK Violent action caught on tape by in-car video camera shows brutal attack on handcuffed...more

Legal Byte: After a parent sexually abuses his daughter should the courts grant him custody of his sons?

Legal Byte: After a parent sexually abuses his daughter should the courts grant him custody of his sons? Find out what California courts have to say....more

LEGAL BYTE: Are boys and girls different?

This LEGAL BYTE asks and answers the question: What if an apartment owner restricts his tenancies and refuses to rent to families with the “wrong kind” of children? Will such discrimination be tolerated in California? ...more

Purcell v. United States

Petition for Certiorari

On Monday, January 23, 2012 I am filing a petition for certiorari seeking to refine or overturn the Feres doctrine. Over the last 60 years the Feres doctrine – a judicial interpretation of the Federal Tort Claims Act - has...more

Shareholder Dale Allen Obtains Defense Verdict for Johannes Mehserle and Four Other BART Police Officers

On December 1, 2011, Low, Ball & Lynch shareholder DALE L. ALLEN, JR., and associate DIRK LARSEN obtained a defense verdict for five Bay Area Rapid Transit (BART) police officers, including Johannes Mehserle, who is widely...more

FICHERA & MILLER TAKES CASE TO U.S. SUPREME COURT FIGHTING FOR THE LEGAL RIGHTS OF MILITARY SERVICEMEN AND WOMEN

January 23, 2012, Chicago, IL: Chicago personal injury attorneys, Fichera & Miller, call upon the United States Supreme Court to overturn the 60- year-old Feres Doctrine and preserve the rights of servicemembers and...more

Plaintiff's Guide to Dog-Bite Litigation (Powerpoint)

Delivered by Michael Kaiser of the Kaiser Legal Group to a national audience in December, 2011, and July, 2012, in conjunction with the National Business Institute's Continuing Legal Education seminar (CLE) "Plaintiff's Guide...more

Deon Gentry v. Wayne County Deputy Sheriff Daniel Carmona

Michigan Court of Appeals Issues Definitive Ruling Protecting Law Enforcement Officers in "Excessive Force" Shooting Case

In the wake of the Michigan Supreme Court’s pinnacle decision in Odom v. Wayne County, 482 Mich 459 (2008), which I briefed and argued, the Michigan Court of Appeals had yet to address the difficult case involving...more

Preview of Supreme Court Cases Impacting Government Liability

October 3rd marked the official start of the 2011 term for the United States Supreme Court. There are several cases already on the Court’s docket that are likely to impact government liability. This article summarizes...more

WHAT IS LIBERALISM

< What is liberalism > Observation <...more

ABUSE OF RIGHT

ABUSE OF RIGHT -- OBSERVATIONS --...more

Woman Sues Queens Sizzler for Alleged Gay Bias Attack by Manager, New York Civil Rights Violation Lawyer Comments

New York civil rights violation lawyer David Perecman comments on the discrimination lawsuit filed against the Forest Hills Sizzler by a gay diner. She claimed she was attacked and berated at the Queens restaurant because of...more

Muslim Woman Assaulted in an Alleged Hate Crime in New York, Civil Rights Violation Lawyer Investigates

New York civil rights lawyer David Perecman comments on allegations of an possible attack on a burka-wearing woman in Harlem. New York City police are investigating whether the attack was a hate crime. Aissatou Diallo...more

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