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BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

Magistrate’s Issuance of Warrant Demonstrates that Officers’ Actions are “Objectively Reasonable” and Thus Entitled to Qualified...

A man brought a lawsuit against police officers alleging violations of his Fourth Amendment rights. The officers conducted searches of his car, home, and workplace in connection with allegations that he disseminated indecent...more

BB&K Police Bulletin: Qualified Immunity: Warrantless Entry in Hot Pursuit of Misdemeanant Not "Plainly Incompetent"

Overview: The U.S. Supreme Court recently reversed a Ninth Circuit decision denying qualified immunity to a California police officer in hot pursuit of a suspected misdemeanant. The suspect had entered an enclosed front yard...more

Law Allowing Police To Confirm Texting While Driving In Alabama?

A bill recently introduced in another state is being considered in Alabama also. The proposed legislation would allow police to take cellphones from the parties involved in accidents to check and verify if the person was...more

Religious Institutions Update: May 2013

Intellectual property is a legal construct referring to creations of the mind for which exclusive rights are recognized. Common types include copyrights, trademarks, patents, industrial design rights, trade dress and,...more

No Warrant Exception For Slow Pursuit Into Home Of A $14.99 Phone Charger Robber

Two police officers are being sued because they entered Charles Smith's home after he stole a $14.99 (presumably, before tax) phone charger from Walgreens. As the Sixth Circuit acknowledged: "But for the want of $14.99 or a...more

Counties in California Can Learn a Few Lessons from State on Inmate Health Care - BB&K Health Care Attorney Shares Tips on...

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

CWP 4964/2013 - Punjab Haryana High Court Suo-Moto Litigation

Representation for filing an appeal to the Supreme Court

Representation by Hemant Goswami to Chandigarh Administration to file an appeal to the Supreme Court of India ----------------------------------------------------- The issue in brief: Asserting that law does not bestow...more

Escalating Penalties: Alberta OHS Convictions For 2012 – What Can Employers Expect For The Year Ahead?

A person who contravenes Alberta’s Occupational Health and Safety Act, Regulations or Code is liable, for a first offence, to a fine of not more than $500,000 or imprisonment for a term not exceeding 6 months and, for a...more

Officers Can Be Held Liable For Preventing An Ambulance That Contained A Shooting Victim From Leaving The Scene And For...

The federal court of appeals recently rejected certain public officials’ attempt to avoid liability by claiming qualified immunity. In that case, the parents and children of a shooting victim sued a county and individual...more

Jury Finds Milwaukee County Not Liable For Sexual Assault Committed By Jail Guard

Back in 2009, Milwaukee County jail guard James Howard sexually assaulted an inmate. A state court convicted Mr. Howard of two counts of sexually assaulting an inmate. The inmate then sued Mr. Howard in federal court,...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

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

Wrongful Death Suit Filed in Huguely Case

The mother of slain University of Virginia student Yeardley Love has filed a Wrongful Death lawsuit against her murderer, George Huguely, in the Circuit Court for Charlottesville, VA, according to multiple news outlets. I...more

Data Protection and Privacy in China - March 2012

China does not currently have a comprehensive legal framework to regulate the use and disclosure of personal data or a national level law that delineates how a company can legally collect, process and retain personal data....more

Don Draper: Modern-Day Criminal?

This blogger will be the first to admit that I may have a slight television addiction. I’m routinely behind in my DVR watching (at least we’ve moved beyond the dark ages of the late 1990s when I had to record my...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

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

Weekly Law Resume - September 15, 2011: Qualified Immunity Does Not Apply Where Officer Mistakenly Pulls Gun Instead of Taser

Maria Torres, et al. v. City of Madera, et al. Ninth Circuit Court of Appeals (August 22, 2011) This case is an important progression in stun-gun-related police liability law, establishing how mistaken-draw cases should...more

Weekly Law Resume - July 7, 2011: Dismissal of Wrongful-Death Suit Upheld Where SWAT Team Use-of-Force During Hostage Situation...

Lorena Lopez v. City of Los Angeles Court of Appeal, Second District (June 13, 2011) This case addressed whether Los Angeles police officers acted reasonably in an incident that led to a fatal shooting. After affirming...more

Relaxamento da prisão ilegal

O relaxamento da prisão ilegal tal como previsto pelo constituinte pode ser conceituado sob aspectos distintos, embora a finalidade seja a mesma: a tutela do direito à liberdade pessoal e da principal faculdade...more

Pro Te: Solutio - Vol. 3, No. 3 - August 2010

In this issue: The United Kingdom Bribery Act 2010; Update On Tort Reform Caps: Are They Constitutional?; Not Just For Adults Anymore; and The Fully Informative, Yet Fully Understandable, OTC Label. Excerpt from The...more

Connick, et al., v. Thompson

Brief of Amici Curiae Alliance Defense Fund and CATO Institute In Support of Respondent

If a man is wrongfully convicted and held on death row for 18 years — 14 in solitary confinement — because prosecutors withheld exculpatory evidence in his case, is there any reason that courts should keep him from recovering...more

Long Haul, Inc., et al. v. Regents of the University of California, et al.

Complaint for Injunctive and Declaratory Relief and For Damages; Demand for Jury Trial

EFF and the ACLU of Northern California filed suit in federal court on January 14, 2009 to protect the privacy and free speech rights of two San Francisco Bay Area community organizations after the groups' computers were...more

Massachusetts Bay Transportation Authority v. Anderson, et al.

Plaintiff's "proposed" interim protective order

Three students at the Massachusetts Institute of Technology (MIT) were ordered by a federal court judge to cancel their scheduled presentation at DEFCON about vulnerabilities in Boston's transit fare payment system, violating...more

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