(10th Cir. No. 06-1490, filed 07/24/08). In an action raising claims of racial discrimination and retaliation under 42 U.S.C. section 1981 brought by plaintiff-black female who sought employment as a police officer, summary judgment for defendant-Denver is affirmed where plaintiff failed to produce …
Adair v. United States 208 U.S. 161 (1908) United States Constitution According to theEncyclopedia of the American Constitution, about its article titled 680 ADAIR v. UNITED STATES 208 U.S. 161 (1908) After the Pullman strike, which paralyzed the nation’s railroads, a federal commission […]
Carter v. Carter Coal Co.Carter v. Carter Coal Co. 298 U.S. 238 (1936) United States Constitution According to theEncyclopedia of the American Constitution, about its article titled CARTER v. CARTER COAL CO. 298 U.S. 238 (1936) This was the new deal’s strongest case yet to come before the […]
Chimel v. California 395 U.S. 752 (1969)United States ConstitutionAccording to theEncyclopedia of the American Constitution, about its art…
Bunting v. Oregon 243 U.S. 426 (1917)United States ConstitutionAccording to theEncyclopedia of the American Constitution, about its articl…
Brown Vs. Board of Education (1954) in the International Business LandscapeDefinition of Brown Vs. Board of Education (1954) in the context of U.S. international business and public trade policy: Landmark Supreme Court decision holding that the separation of children by race in public schools […]
Conspiracy against Mejia Conspiracy against Mejia Cases There are several cases in relation to the conspiracy against mejia topic: 87 … Read more
New York v. Miln Date: February 16, 1837 According to the Encyclopedia of American Immigration (article by Thomas Tandy Lewis), ignoring “congressional power under the U.S. Constitution’s commerce clause, the Miln decision gave individual states power over arriving immigrants by […]
(6th Cir. No. 09-5949, filed 08/22/2011). A police officer who “intentionally” rammed a speeding motorcyclist was not entitled to qualified immunity in civil litigation resulting from the incident because he had clearly violated the motorcyclist's constitutional rights. Thomas Germany was killed in …
526 U.S. 603, 119 S.Ct. 1692, 143 L.Ed2d 818, (1999); and Hanlon v. Berger, 526 U.S. 808, 119 S.Ct. 1706, 143 L.Ed2d 978, (1999). Allowing a newspaper reporter and photographer or other third parties not involved in warrant execution to accompany federal marshals and county police officers into a ho…
(9th Cir. 1999WL971301, Cal.App. 2 Dist.). Dog sniff of a student at a public high school infringed on student's reasonable expectation of privacy and thus constituted a search. Follows 5th Circuit, declines to follow 7th Circuit. Holds school and law enforcement officers were entitled to qualified …
(1st Cir. No. 04-1374, 1390 and 1418, filed /2005). City could be liable to the mother of an off-duty police officer shot by an 8-day rookie. Two on-duty officers responded to a restaurant fight. They saw a guy run to a car with a gun. The rookie officer left his position of cover and positioned him…
(10th Cir. No. 09-3036, filed 05/19/10). Defendant's prior conviction for felony fleeing and eluding under K.S.A. 8-1568 was properly considered a crime of violence to enhance the defendant's current sentence for possession of a firearm after conviction of a felony….
(E.D. Pa. No. 98-362-10, filed 1/7/02). Expert testimony that a capital murder defendant's fingerprints “match” latent prints at a crime scene is inadmissible under Fed.R.Evid. 702 and Daubert v, Merrell Dow Pharmaceuticals Inc., 509 U.S. 570 (1993), and Kuhmo Tire Co. v. Carmichael, 526 U.S. 137 (1…
248 F.3d 1240, 1243 (10th Cir. 2001). A police officer may not examine a car's doorjamb VIN number without probable cause to conduct a search, or without consent of the driver….
(10th Cir. No. 03-3045, filed 3/8//2004). TPD officers “sweep” of a detached garage within the curtilage of the home was not justified based on exigent circumstances and therefore violated the Fourth Amendment. Remanded for consideration of whether consent given was a fruit of the illegal search. Co…
(10th Cir. No. 09-5131, filed 03/22/10). Tulsa police were conducting surveillence on Fox. Ms. Chiles approached Fox's home as officers were arresting Fox. An officer stopped her in the street, asked her what was going on, then got in the car and directed her to pull in to a nearby convenience store…
(8th Cir. No. 01-2342 12/26/01). A second pat-down search was illegal, and fruits of the search were properly suppressed….
(10th Cir. No. 03-2260, filed 8/18/2004). DEA agent's search of a baby powder container did not exceed the scope of defendant's consent. The agent found out defendant was traveling on Amtrak and purchases a one-way ticket with cash. The agent approached defendant and questioned him, asking if he had…
(D.C. Cir. No. 08-3030, filed 08/06/2010). The U.S. Court of Appeals for the D.C. Circuit held that the Fourth Amendment “reasonable search” requirement applies to police when they track the movements of a person's car via an attached GPS device. In so holding, the D.C. Circuit joined a growing list…
(No. 100,831, filed 01/08/10). A 12-105b claim served on a utilities accountant and personnel manager substantially complied with 12-105b because she was the de facto clerk and the board did not maintain offices at the utility. Because the plaintiffs prematurely filed their petition six days after f…
141 F.3d 791 (5th Cir. 1998). Jury finding of qualified immunity affirmed even though jury found officer used excessive force. Officer shot fleeing, apparently unarmed suspect in the back. The court indicated that jury was apparently influenced by fact the gun was never found, even though it was rea…
(10th Cir. No. 08-4115, filed 05/13/09). In an action claiming that Defendant-City's requirement that Plaintiff obtain a permit to display his art in a park violated the First Amendment, summary judgment for Defendant is affirmed, where the regulation was content-neutral and did not burden more spee…
(10th Cir. No. 03-2184, filed 4/27/2004). DEA agents boarded a train and questioned defendant about his travel plans since he bought a one-way ticket from LA to Philadelphia with cash. Defendant left the train, but then returned. Officer saw a backpack in the overhead compartment that hadn't been th…
547 U.S. 843, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006). In 1996 the California Legislature adopted Penal Code section 3067, mandating that every prisoner eligible for release on state parole “shall agree in writing to be subject to search or seizure by a parole officer or other peace officer at any ti…
(No. 09-9000, filed 03/07/11). A convicted state prisoner seeking DNA testing of crime-scene evidence can assert that claim in a civil rights action under 42 U. S. C. §1983. The Court granted review to decide a question presented, but left unresolved, in District Attorney's Office for Third Judicia…
Case No. unknown (profiled on web 08-16-13). John Laigaie is a retired military man who has always carried a handgun on his hip. “It's my job, it's what I do,” he said. “I protect myself and my family.” He's also a gun rights activist who firmly believes in his constitutional right to bear arms. So …
(No. 02-1371, filed 1/28/2004). Respondent Seibert feared charges of neglect when her son, afflicted with cerebral palsy, died in his sleep. She was present when two of her sons and their friends discussed burning her family's mobile home to conceal the circumstances of her son's death. Donald, an u…
(No. 99,372, filed 02/13/09). In a driver's license suspension hearing, the government could not show substantial compliance with the KDHE breath testing protocol where they left the subject to be tested alone in a restroom for 2-4 minutes and allowed them to drink water during the deprivation perio…
(10th Cir. No. 01-4106, 6/19/2002). Because an individual reporting suspected criminal conduct to police authorities is entitled to qualified immunity for erroneous statements made to police officials, a defamation claim based on a bank employee's concern that appellant was attempting to fraudulentl…
(D.C. Cir., No. 96-CV-1494, 10/1/98). Forfeiture of defendant's $15,000 truck for his first conviction of solicitation of prostitution was grossly disproportionate punishment to the crime, which provided for a $300 fine of which only $150 was assessed. Follows excessiveness test of Bajakajain….
(10th Cir. No. 07-2105, filed 7/8/08)(Orr II). Plaintiffs presented enough evidence to show that Defendants' asserted reasons for applying a sick leave first and disallowing use of compensatory time policy was a pretext for discrimination and violated their rights under the Pregnancy Discrimination …
(10th Cir. No. 07-2254, filed 05/07/09). New Mexico police officers violated the Fourth Amendment and are not entitled to qualified immunity for an illegal search of a police murderer's in-laws' home. A familial relationship is insufficiently particularized to justify invading an individual's reason…
116 F.3d 288 (7th Cir. 1997), cert. granted, 522 U.S. 1038, cert. dismissed as improvidently granted, 523 U.S. 613, 118 S. Ct. 679, 139 L. Ed. 2d 627 (1998). Seventh Circuit held that a warrantless arrest for a fine-only offense did not violate the Fourth Amendment. The U.S. Supreme Court granted ce…
(No. 08-969, filed 01/25/10). Hemi Group, based in New Mexico, sold cigarettes online to New York residents but did not collect taxes for possession of cigarettes. The Jenkins Act, 15 U. S. C. §§375-378, requires out-of-state sellers to submit customer information to the States into which they shi…
(No. 03-5554, filed 6/21/2004). The Supreme Court held that people do not have a constitutional right to refuse to tell police their names if there is reasonable suspicion to suspect they are involved in criminal activity. A Nevada deputy was dispatched to a possible fight call. The caller told the …
On September 4th, San Diego Superior Court Judge Ronald Styn threw out 300 tickets for running a red light, saying that the evidence provided by the cameras used was “so untrustworthy and unreliable, it should not be admitted.” Approximately 60 cities and counties in the U.S. utilize similar cameras…
(No. 09-834, filed 03/22/11). Oral complaints trigger the anti-retaliation protections of the FLSA. Kasten says that Saint-Gobain located its timeclocks between the area where Kasten and other workers put on (and take off) their work-related protective gear and the area where they carry out their as…
(No.97-35559, 9th Cir. 1998). Discharge of corrections officers permanently assigned to light duty because of inability to have contact with inmates due to medical condition did not violate the ADA. Keeping a worker on light-duty status for too long changes the essential function of the job….
(No. SC94058, filed 7/12/01 2001 WL 776555 (Fla). City may be liable for compensation for a taking when it shuts down property as a public nuisance if the nuisance activity could be alleviated with less infringement on lawful conduct. Here Miami shut down a motel for drug and prostitution activity, …
(5th Cir. No. 11-41118, filed 12/12/12). Garcia, a former police dispatcher, was dismissed after photos and text messages on her cell phone revealed that she was violating police department rules. The employer removed her cell phone from her locker and searched it without her permission. Garcia alle…
(1st Cir. No. 10-1764, filed 08/26/11). Arresting someone for filming the police is a constitutional violation, a Federal Appeals Court has ruled. The case began when Simon Glik was taken into police custody for recording an arrest with his cell phone camera, according to Tech Dirt. Glik told police…
(No. 08-7412, filed 5/17/10. Graham was 16 when he committed armed burglary and another crime. Under a plea agreement, the Florida trial court sentenced Graham to probation and withheld adjudication of guilt. Subsequently, the trial court found that Graham had violated the terms of his probation by …
446 F.3d 1069 (10th Cir. 2006). Grant of qualified immunity to defendants in a 42 U.S.C. section 1983 case arising out of an allegedly wrongful detention of plaintiffs during a midnight law enforcement raid is reversed in part as to plaintiffs' claims of an unlawful search and seizure where there we…
(No.12-7515, filed 01/27/14). Defendant's conviction for unlawfully distributing heroin where death resulted from the use of that substance, which subjected him to a 20-year mandatory minimum sentence under the penalty enhancement provision of the Controlled Substances Act, is reversed and remanded,…
13 P.3d 917 (filed 11/3/2000). Officers did not use excessive force when they shot and killed a mentally disturbed person on a breach of trust call. Deceased told officers they would have to kill him or he would kill them. Officers made two attempts to subdue deceased with a dog, but on the second a…
(No. 08-1301, filed 06/01/10). The Sex Offender Registration and Notification Act (“SORNA”) requires convicted sex offenders to register in any jurisdiction in which the offender resides and imposes criminal penalties on any sex offenders who travel in interstate commerce and knowingly fail to regis…
(10th Cir. No. 06-1426, filed 12/10/2007). In an action claiming excessive force under the Fourth Amendment and 42 U.S.C. § 1983, summary judgment dismissal of the claims is reversed where defendants were not entitled to summary judgment under circumstances in which plaintiff went to a municipal co…
(No. 99-1030, filed 11/28/00). Suspicionless drug interdiction checklanes are different from border, sobriety and driver's license checklanes and violate the Fourth Amendment. Primary purpose of a legal checklane must be in the interest of highway safety rather than a general interest in crime contr…
San Diego Traffic Court, profiled on Findlaw on 01/17/14. Abadie was cited for speeding and distracted driving for wearing Google Glass behind the wheel. The San Diego traffic court commissioner dismissed the charges finding insufficient proof that Cecilia Abadie was using her Google Glass while dri…