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Status Updates - August 2014 #6

..Ahead of the law? In Hidalgo County, Texas, a former sheriff has been sued civilly over allegedly illegal campaign contributions. (He was also criminally convicted of money laundering.) At a civil deposition in the case, a...more

BB&K Police Bulletin: Police Order To Stay Put While Conducting Background Check Is A Seizure Under Fourth Amendment

The Command Can Implicate Municipal Liability - Overview: The Ninth Circuit recently held that, when a police officer orders a suspect to “stay put,” that command constitutes a seizure under the Fourth Amendment of the...more

Legal Updates for Government Entities Covering May and June 2014

Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of...more

Legal Issues Delay Goodman Retrial

A notorious drunk driving case continues to draw attention to the legal process in Florida. Multimillionaire John Goodman was behind the wheel of his black Bentley convertible in the early morning hours of February...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

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

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

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