“In December, North Carolina state legislators barred sex offenders from coming within 300 feet of any place intended primarily for the use, care or supervision of minors. Three months later, Nichols was arrested at his home after attending Sunday services. He said he was ‘floored’ to learn that he had been picked up because Moncure Baptist Church has a child-care center for families attending services.” [AP/Google] More on sex offender laws: The Economist (”Unjust and ineffective”); Lenore Skenazy (predicate is often teen misconduct with other teens); Radley Balko, Reason (several Georgia offenders told to camp in woods, then told not to); earlier. Related: Oklahoma Citizens for Change.
Tagged as:
child abuse,
crime and punishment
- Lawyer blames “fine print” for overstepping solicitation rule on Buffalo air-crash victims [NJLJ, New Jersey Lawsuit Reform Watch]
- “Music Industry Takes Aim at Publishers of Online Lyrics” [ABA Journal]
- Prosecuting energy producers when their operations accidentally kill birds? Well, sometimes [WSJ Law Blog, Stossel, Adler at Volokh]
- Ninth Circuit rejects “litigation factory” approach to CAN-SPAM enforcement [California Civil Justice, Spam Notes]
- The semantics of saying “illegal” vs. “undocumented” alien [Volokh]
- “The crime of passing through town without an adequate explanation” [Freeland, Mississippi, on MotorhomeDiaries.com case]
- Report vague suspicion of child abuse, or not? Trust your instincts, says a public service ad. Bad advice [Free Range Kids, Common Room]
- “Plaintiff on Troll Tracker: ‘Let’s Get This [Blog] Shut Down’” [Mullin, IP Law & Business, earlier] More: SE Texas Record.
Tagged as:
bloggers and the law,
chasing clients,
child abuse,
child protection,
environment,
Mississippi,
Patent Troll Tracker
- California: “Feds Say Lawyer Took Bribe to Encourage Client to Lie in Immigration Case” [NLJ]
- “Before you celebrate [the] seemingly wise anti-litigation statement [of the "Skanks in New York" blogger], take note that she’s suing Google…” [Althouse, earlier here, here, etc.] Dispute is female-vs.-female, but feminist lawprofs inevitably spot gender discrimination [Citron, ConcurOp; Greenfield]
- “Ousted members of Florida chess board sue to reclaim their volunteer positions” [St. Petersburg Times]
- Man freed after serving 22 years on dubious child abuse charges, but prosecutor who went after him is doing fine [Radley Balko, Reason "Hit and Run", Bernard Baran case, Massachusetts]
- Khalid bin Mahfouz, plaintiff in celebrated “libel tourism” case against Rachel Ehrenfeld in England, is dead at 60 [Wasserman/Prawfsblawg]
- Colorful University of Connecticut law professor lands in a spot of bother again after girlfriend’s arrest [Above the Law]
- Federal judge says prosecutor in Chicago U.S. Attorney’s office allowed witness to testify falsely [WSJ Law Blog]
- Deja vu? “‘Seinfeld’ joke gets man canned for harassment” [Des Moines Register, earlier Wisconsin case; & see Ted's caveat in comments]
Tagged as:
child abuse,
Connecticut,
Google,
harassment law,
immigration law,
law schools,
Massachusetts,
prosecutorial abuse
- Is it OK if Boulder County prosecutor Tweets the murder trial while in progress? [Colorado Daily]
- Pierce O’Donnell terms his gigantic Katrina/New Orleans lawsuit a “crapshoot” [Hiltzik, L.A. Times]
- Massachusetts hospital not responsible for third-party injuries from just-released colonoscopy patient’s auto accident [Ronald Miller]
- Controversial “citizen suit” provision was removed from environment bill as one of the compromises to obtain House passage [Global Climate Law Blog and more, earlier] More: Coyote.
- “I was shocked at the number of cases the neurologist, radiologists, and especially the neurosurgeon had against them.” [ER Stories with a first-person lawsuit tale]
- I liked Dole Food better when it was a victim of the litigation system rather than an aggressor [L.A. Business Journal, NLJ, L.A. Times "The Envelope" on company's suit against Swedish documentary filmmaker; underlying banana-worker pesticide litigation scandal; CJAC]
- Virginia Postrel on kidney donation, altruism, and policy [The Atlantic]
- Grown kids appear in court to exonerate dad who spent nearly 20 years in prison on false charges of abusing them [The Columbian, Wash., via Obscure Store] More: Coyote.
Tagged as:
banana pesticide litigation fraud,
bullying businesses,
child abuse,
climate change,
hospitals,
Katrina,
libel slander and defamation,
medical malpractice,
movies film and videos,
New Orleans,
Twitter
- Somehow not shocked to hear this: “ABA Pushes for 1,000-Lawyer Legal Corps” [ABA Journal]
- Appeals court will consider whether Roommates.com violated fair housing law by asking subscribers about sexual orientation [Heller, OnPoint News]
- World gone mad: Bank of America has given ACORN nearly $3 million since 2005 [Capital Research Center] Group hasn’t given up its old lawbreaking ways [Michelle Malkin]
- Gloria Allred representing injured passenger who rode with Morgan Freeman [AP, PopSquire, Janet Charlton]
- If even they can’t comply you know it’s bad: Federal Labor Relations Authority found to have committed unfair labor practice [Workplace Prof]
- Poor England, perhaps it’s time to retire its reputation as a place of civil liberties [Ken @ Popehat] Related: we’ve cleared you of child abuse, but it’s too late to get your children back, beastly sorry about that [Neatorama]
- When the judge writes well, even a slip and fall verdict can make for agreeable reading [Turkewitz]
- “Ebay Founder Tweets About An Unusual Lawsuit” [NY Times "Bits", Pierre Omidyar]
Tagged as:
ACORN,
child abuse,
do as we say,
eBay,
fair housing,
Gloria Allred,
United Kingdom
Setting spies and informers against us in our houses dept.: I’m quoted about a bad idea under consideration by the New York legislature (Benjamin Sarlin, “Child, Animal Abuse Linked Under Albany Bill”, New York Sun, Aug. 20).
Tagged as:
animals,
child abuse,
New York
The old joke is that chutzpah is defined as the case of the orphan who kills his parents and then begs the court for mercy because he’s an orphan.
A pair of Philadelphia parents, however, may redefine the idea for all time. Danieal Kelly, who suffered from crippling cerebral palsy, was 14 when she starved to death in a West Philadelphia rowhouse, covered in bedsores, weighing just 42 pounds. Her mother, “Andrea Kelly was charged with murder on July 31. Daniel Kelly, who authorities say abandoned his daughter despite knowledge of her mother’s neglect, was charged with endangering the welfare of a child.” (Three friends of the mother were charged with perjury for lying to a grand jury; four social workers were also charged with felony endangerment, which will no doubt screw up incentives further for over-reacting child protective services everywhere.)
The parents responded as any parents would, and sued the city, the state, city and state agencies, and four social workers, blaming them for Kelly’s death, and seeking damages for “love, tutelage, companionship, support, comfort and consortium” as well as the “economic value of her life expectancy”–which couldn’t possibly be anything other than the taxpayer-funded disability benefits. Public outrage has caused the lawyers, Brian Mildenberg and Eric Zajac, to substitute other parties as plaintiffs so that there is no direct hint of Daniel and Andrea Kelly profiting, but the underlying appallingness of the suit remains. (Julie Shaw & Catherine Lucey, “Lawsuit by Danieal’s parents called ‘disgusting’”, Phil. Inquirer, Aug. 13; Nancy Phillips and Kia Gregory, “Danieal Kelly’s parents sue the city”, Phil. Inquirer, Aug. 13; John Sullivan and Craig R. McCoy, “Nine indicted in fatal neglect of girl”, Phil. Inquirer, Aug. 1; ongoing Inquirer coverage).
Tagged as:
absent parents who sue,
child abuse,
child protection,
criminals who sue,
family law,
personal responsibility,
Philadelphia,
third party liability for crime
Family members of the children Banita Jacks murdered, who apparently cared so much about the children that they didn’t notice Jacks had starved them to death months before they were discovered, “have hired lawyers to pursue claims against the D.C. government for failing to prevent months of neglect and abuse. … In interviews yesterday, the grandmothers’ lawyers declined to say when their clients last saw Jacks or her daughters.”
DC taxpayers will be thrilled to note that the city is refusing to rehire three workers fired in a scapegoating frenzy after the Jacks revelations, even after a hearing officer has held that the firings were unwarranted. More lawsuits to come. (Keith L. Alexander and Petula Dvorak, “D.C. Could Have Done More To Help 4 Sisters, Families Say”, Washington Post, Feb. 28).
For an example of the post-Jacks overreaction, see Hans Bader at POL, who has beat me to the Greg and Julianna Caplan story, which was also extensively covered in the Marc Fisher blog.
Tagged as:
absent parents who sue,
Banita Jacks,
child abuse,
family law,
taxpayers
