A panel from the U.S. Court of Appeals for the Eleventh Circuit that covers the states of Florida, Georgia and Alabama issued a decision on July 12, 2024, that clarified what a trial court can rely on in deciding a motion to...more
Dozens of college and university campuses experienced protests in April and May of 2024 due to the ongoing conflict in the Middle East. Many were peaceful, but some turned violent — and they engendered a wide variety of law...more
Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s blog covers the week of January 15-21. Here’s what’s...more
On May 25, 2023, the United States Supreme Court unanimously held that a post-trial motion under Federal Rule of Civil Procedure (“FRCP”) 50(b) is not required to preserve appellate review of a purely legal issue resolved at...more
In the plaintiffs’ lawsuits against the City, former police officer Derek Chauvin, and several additional Minneapolis Police Department (MPD) officers, the complaints alleged police misconduct, use of excessive force, and...more
Egbert v. Boule, No. 21-147: In this case, Robert Boule sued a border patrol agent arguing the agent violated his Fourth and First Amendment rights by using excessive force during a search and retaliating against Boule when...more
Notwithstanding the fact that, as we approach the end of the term, the Court still had 30 cases to decide as of Wednesday morning, June 8, the day’s count has only been reduced by one. So, expect a flurry of cases with the...more
On June 8, 2022, the U.S. Supreme Court decided Egbert v. Boule, No. 21-147, declining to recognize a cause of action for damages against a federal border agent for either a Fourth Amendment excessive-force claim or a First...more
Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions...more
Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more
On June 28, 2021, the U.S. Supreme Court decided Lombardo v. St. Louis, 20-391, holding per curium that excessive force precedent requires courts to employ a “careful, context-specific analysis” on summary judgment. In...more
Today, the Supreme Court of the United States issued the following two per curiam decisions: Pakdel v. City and County of San Francisco, No. 20-1212: Petitioners are partial owners of a multiunit residential building in...more
Trust is the cornerstone of safe and effective law enforcement. In New Jersey and around the country, building trust among police and the communities they serve has always been a challenge, but after the murder of George...more
In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more
In a divided opinion, the United States Supreme Court recently corrected the Tenth Circuit’s divergence from centuries old law defining what constitutes a seizure by law enforcement for the purposes of Fourth Amendment...more
Ford Motor Co. v. Montana Eighth Judicial Dist., No. 19-368; Ford Motor Co. v. Bandemer, No. 19-369: In two separate products liability actions, petitioner Ford Motor Company challenged the Montana and Minnesota State courts’...more
Recent unrest has thrust the doctrine of qualified immunity into the spotlight. Many of those who oppose law enforcement frequently misrepresent the nature, extent, and intent of this limited immunity. Doing so fosters the...more
In addition to the many changes targeted specifically at national security concerns related to China, Russia, and Venezuela, the Bureau of Industry and Security (“BIS”) has implemented a number of additional regulatory...more
On June 12, 2020, the Police Officer Standards and Training Council (POST), a division of the Department of Emergency Services and Public Protection, amended its Compliance to Law Enforcement Standards and Practices (CLESP)...more
As widespread protests against police use of force continue nationwide, a number of employers have received complaints that employee social media comments on the protests include racist content. Employers naturally hesitate...more
Legislators returned to the Capitol Wednesday, June 3, to resume the 2020 session after being paused due to COVID-19 for 11 weeks. The session is expected to adjourn sine die for 2020 on Friday, June 12....more
On February 19, 2020, the New Jersey Appellate Division issued a decision Digital First Media v. Ewing Township permitting a newspaper access under New Jersey’s Open Public Records Act (OPRA) to Use of Force Reports (UFR)...more
Precedential Opinions of Note - Court Remands Habeas Petition for Evidentiary Hearing on Potential Constitutional Violations - BACKGROUND - A jury convicted Defendant of burglary, robbery, and felony-murder. The...more
A while back I wrote about the collateral order doctrine as discussed by the Fourth Circuit in Williams v. Strickland. Williams involved an alleged excessive force claim against a law enforcement officer and an...more