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Law Enforcement Appeals

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Narrows Federal Bribery Statute That Applies to State and Local Officials

On June 26, 2024, the U.S. Supreme Court held 6-3 in Snyder v. United States that a federal statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize “gratuities” to state and local officials—i.e., payments made to those...more

Rumberger | Kirk

Sixth District Court of Appeal Limits Officers’ Authority to Investigate DUI Offenses

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On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the...more

BCLP

Privacy Speaks: A clearer view?

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Clearview AI Inc's successful challenge to the ICO’s £7.5 million fine focused on the limits of the UK GDPR’s jurisdictional reach, succeeding on the grounds that Clearview’s processing activities were outside the scope of...more

Franczek P.C.

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

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The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

Awatif Mohammad Shoqi Advocates & Legal...

What are the Standard Procedures for Law Enforcement in the UAE?

In all nations, laws are enforced by various governmental machineries, such as the police and courts through administration of the criminal justice system. In the United Arab Emirates, the criminal law is governed by...more

Rumberger | Kirk

United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity

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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

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

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Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Rumberger | Kirk

Supreme Court Rejects Community Caretaking Doctrine to Authorize Warrantless Search of Home to Seize Firearms

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The 21st Century law enforcement officer serves a variety of public service functions, only some of which involve the enforcement of criminal laws. From some of those non-criminal public service roles, the courts have...more

Dorsey & Whitney LLP

The Supreme Court - May 17, 2021

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Today, the Supreme Court of the United States issued the following four decisions: BP p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189: Congress has commanded that generally, an order remanding a case back to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Appellate Court Extends Whistleblower Protections to Compliance Officers

The Louisiana First Circuit Court of Appeal recently held in Derbonne v. State Police Commission, No. 2019 CA 1455 (October 14, 2020), that an employee whose duties require that he or she report violations of state law is not...more

Genova Burns LLC

Police Discipline Record Release: Upheld but Temporarily Stayed

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The Superior Court of New Jersey, Appellate Division recently issued a unanimous decision upholding Directive 2020-5 and Directive 2020-6 amending the New Jersey Attorney General’s Internal Affairs Policy & Procedures...more

Woods Rogers

Let Your Fingers Fly—At Least in North Carolina

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As we discussed last summer, the North Carolina Court of Appeals issued a surprising decision that there was probable cause to pull over a driver in North Carolina after he makes “an up-and-down pumping motion with his middle...more

Proskauer - Proskauer For Good

Proskauer Represents Forensic Scholars in Successful Amicus Brief Overturning Wrongful Conviction After 40 Years

On August 24, 2020, the United States Court of Appeals for the Fourth Circuit, sitting en banc, reinstated defendant Ronnie Long’s petition for a writ of habeas corpus, challenging his rape conviction more than four decades...more

Smith Anderson

“This Has to Stop”: Federal Appeals Court Weighs in On Police Brutality

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Protestors across America have delivered a firm message in response to the deaths of black citizens at the hands of law enforcement: “This has to stop.” The U.S. Court of Appeals for the Fourth Circuit used the same words on...more

Dorsey & Whitney LLP

The Supreme Court - April 6, 2020

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Babb v. Wilkie, No. 18-882: Petitioner Norris Babb, a clinical pharmacist at the U.S. Department of Veterans Affairs, brought an age discrimination suit against the Secretary of Veterans Affairs (“VA”). The federal-sector...more

Genova Burns LLC

Appellate Division Permits Public Records Access to Police Use of Force Reports Involving Juveniles

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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

Fox Rothschild LLP

The Trooper And The Hat—A Fable For Our Time

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Although the case involving North Carolina Highway Patrol Trooper Thomas Wetherington appears to invite smiles because it focuses on his uniform hat (see “Side Bar” below), in fact it addresses a formidably tough ethical...more

Best Best & Krieger LLP

Another SB 1421 Decision Against Law Enforcement Agencies

Police Records Must Be Disclosed Even if Created or Officer Employed By Different Agency, California Appellate Court Says - The California Attorney General and Department of Justice must disclose all police misconduct...more

Best Best & Krieger LLP

“Home Rule” Authority and Local Police Involvement in Immigration Enforcement

California Appellate Court Says Charter City Cannot Block California Values Act - In a significant decision addressing the tension between charter city “home rule” authority and state law, a California appellate court...more

Fox Rothschild LLP

The Mandate Rule And Another Thinly-Sliced Qualified Immunity Opinion From The Fourth Circuit

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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

Best Best & Krieger LLP

California Court of Appeal Publishes Opinion Requiring Release of Police Personnel Records Under SB 1421 - Decision is Binding on...

In the first decision by a higher court on a controversial new law that makes some police personnel records available under the Public Records Act, a California appellate court ruled that Senate Bill 1421 applies to records...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

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Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Poyner Spruill LLP

US Supreme Court Holds Police Officer Shooting was Lawful

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The US Supreme Court issued an Opinion April 2, 2018 (Kisela v. Hughes) that a Tucson Police officer was justified in shooting a woman who was holding a knife near her roommate after the woman was reported exhibiting...more

Sands Anderson PC

Supreme Court: Police Had "Qualified Immunity" in Shooting Woman With Knife

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The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more

Dickinson Wright

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

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On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more

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