Posts Tagged ‘Philadelphia’

Law enforcement for profit roundup

  • One Oklahoma official used asset forfeiture to pay back his student loans, another lived rent-free in a confiscated house [Robby Soave, Reason]
  • Per ACLU, Arizona has a one-way legal fee rule in forfeiture cases, with prevailing police allowed to collect from property owner but not vice versa [Jacob Sullum]
  • From Michael Greve, some thoughts on prosecution for profit and where money from public fines should go [Liberty and Law]
  • About the Benjamins: Philadelphia mayor-to-be cites revenue as reason to let parking officers ticket sidewalk users [Ed Krayewski, Reason]
  • Captive market: with wardens’ and sheriffs’ connivance, prison phone companies squeeze hapless families [Eric Markowitz, IB Times]
  • Former red light camera CEO pleads guilty to bribery, fraud in Ohio [Cyrus Farivar, Ars Technica]
  • Taxpayers lose as Maine counties jail indigents over unpaid fines [Portland Press-Herald]
  • “St. Louis County towns continue to treat residents like ATMs” [Radley Balko]

Environmental roundup

  • “Environmental review makes it hard to do anything — even make a new bike lane” [Matthew Yglesias, Vox]
  • Outdoors education: don’t just treat nature as a museum for kids, let them play in it [Lenore Skenazy]
  • Not more outcry? “Philadelphia To Seize 1,330 Properties For Public Redevelopment” [Scott Beyer, more]
  • Influencing proceedings against Chevron: “Documents Reveal Ecuadorian Government Organized Protests on U.S. Soil” [Lachlan Markay, Free Beacon]
  • Inholders can be caught in maze of jurisdictional obstacles when attempting to challenge federal land takings, Nevada church deprived of former water use deserves a remedy [Ilya Shapiro, Cato on cert petition in Ministerio Roca Solida v. United States]
  • Touchy legacy for HUD today: New Deal housing programs advanced segregation, sometimes on purpose [Coyote]
  • Payouts in BP Gulf spill headed for $68 billion, much going to uninjured parties, sending message to overseas investors not to invest in US [Collin Eaton, San Antonio Express-News] Bad results in BP episode will help teach Takata and other mass tort defendants not to try the “right thing” again [Joseph Nocera, N.Y. Times]

Forfeiture roundup

  • How does your state rank on asset forfeiture laws? [Michael Greibok, FreedomWorks via Scott Shackford] Maryland delegate alleges that vetoed bill “would have made it easier for criminals to get their forfeited property back,” seemingly unaware that it focused on rights of owners *not* found guilty of anything [Haven Shoemaker, Carroll County Times] Arizona counties said to have nearly free rein in spending money [Arizona Republic via Coyote]
  • I took part last week in a panel discussion in Washington, D.C. on civil asset forfeiture, sponsored by Right on Crime, and it went very well I thought [Sarah Gompper, FreedomWorks]
  • “Nail Salon Owner Sues For Return Of Life Savings Seized By DEA Agents At Airport” [Tim Cushing, TechDirt] And: “A federal judge has just ordered the government to return $167,000 it took from a man passing through Nevada on his way to visit his girlfriend in California.” [Cushing]
  • “How Philadelphia seizes millions in ‘pocket change’ from some of the city’s poorest residents” [Christopher Ingraham, Washington Post “Wonkblog”]
  • IRS drops structuring forfeiture case against N.C. convenience store owner Lyndon McLellan, will return more than $107,000 it seized [Institute for Justice]
  • Canada, too, has civil forfeiture when there has been no criminal conviction [British Columbia Civil Liberties Association]
  • Michigan testimony: “After they breached the door at gunpoint with masks, they proceeded to take every belonging in my house” [Jacob Sullum]
  • Town of Richland, Mississippi, population 7,000, builds $4.1 million police headquarters with forfeiture money. Thanks, passing motorists! [Steve Wilson, Mississippi Watchdog via Radley Balko]

Medical roundup

  • Med mal something of a regional problem: nearly half of payouts are in Northeast, with New York alone paying out more than the entire Midwest [New Jersey Civil Justice Institute on Diederich Healthcare analysis] “Neurosurgeons were 50% more likely to practice defensive medicine in high-risk states compared with low-risk states” [Smith et al., Neurosurgery via NJCJI]
  • New Paul Nolette book on state attorneys general Federalism On Trial includes history of suits led by New York’s Eliot Spitzer to redefine as “fraud” widely known drug-pricing practices that Congress had declined to ban or otherwise address. The resulting lucrative settlements also earmarked money to fund private critics of the pharmaceutical industry;
  • City of Chicago signs on to one of the trial bar’s big current recruitment campaigns, suits seeking recoupment of costs of dealing with prescription opioid abuse [Drug & Device Law; earlier here, here, here]
  • We here in Washington, D.C. take very seriously any violations of HIPAA, the health privacy law. Just kidding! If a union supporter pulls information from an employee medical database to help in an organizing drive, that might be overlooked [Jon Hyman on National Labor Relations Board administrative law judge decision in Rocky Mountain Eye Center]
  • “Preferred Care defendants respond to New Mexico Attorney General’s lawsuit, argue it was filed at urging of Cohen Milstein law firm” [Legal NewsLine]
  • Philadelphia police run warrant checks of hospital visitor lists, and as a result many persons with outstanding warrants avoid going to hospitals. So asserts sociologist Alice Goffman in her book On the Run, but the evidence is disputed [Sara Mayeux last August, Steven Lubet in review challenging the book more broadly on ethical and factual grounds, Goffman’s response]
  • Making contraceptive pill available over the counter without prescription should please supporters of birth control access, right? Funny you should ask [Elizabeth Nolan Brown, Reason, earlier]

Police and community roundup

  • Not just motorists: revenue-hungry St. Louis County municipalities mulct residents and homeowners with tickets over toys in yard, missing shingles, overgrown trees [St. Louis Post-Dispatch]
  • So hard to convict: six officers from notorious Philadelphia narcotics squad acquitted in federal “dangled over balconies” case [Inquirer]
  • Strictly non-business: Mayor of Campo, Colo. “asserted the ticketing …is strictly about public safety and not to generate revenue.” [KUSA, autoplays]
  • Texas legislature: “Bill to limit filming of police activity is dropped” [Allison Wisk, Dallas Morning News]
  • “I remember getting mocked as a nutty libertarian when arguing that primary seat belt laws would be used to profile.” [@radleybalko on CBS Miami report]
  • “Breaking Down the Cost of Jaywalking: Where Does Money from a $190 Ticket Go?” [L.A., 2010, BlogDowntown via Amy Alkon discussion, earlier, Timothy Kincaid on Twitter] “A traffic fine should not devastate folks living paycheck to paycheck. [Cal.] Senate working to fix this” [Mariel Garza, L.A. Times]
  • On the need for independent prosecutors in police misconduct cases [Jacob Sullum]

Federal judge: families can sue Philadelphia over its forfeiture practices

“A lawsuit challenging the Philadelphia District Attorney’s Office’s use of state civil-forfeiture laws will proceed in federal court after a judge rejected calls from city lawyers to throw it out….Of the four plaintiffs seeking class-action status, three had their houses threatened after relatives were accused of dealing drugs on their properties. None of them have been accused of involvement in a crime.” Under a procedure called “seize and seal,” the city grabs real estate before owners have had a hearing in court. [Philadelphia Inquirer] “The fourth plaintiff’s car was seized after his arrest for possession of drug paraphernalia.”

The trials of Nancy Raynor, cont’d

Following up on our earlier reports here and here: a Pennsylvania appellate court “has temporarily halted the imposition of a $1 million fine against Philadelphia attorney Nancy Raynor, who received the sanction after one of her witnesses during a medical malpractice trial disclosed information that had been ruled inadmissible by Philadelphia Court of Common Pleas Judge Paul Panepinto.” [Penn Record] The judge “has defended his action in an opinion in which he accused Raynor of violating a court order as part of a trial strategy.” [Chris Mondics, Philadelphia Inquirer] Three witnesses — the most recent a trial technician who testified at a March 4 hearing — have now backed up Raynor’s account of not having sought to elicit the reference to a plaintiff’s smoking habit, which the judge had barred. “In addition to [Joseph] Chapman, two other witnesses, an emergency room doctor who is a client of Raynor’s and an insurance adjuster, have testified that they heard Raynor advising [Dr. John] Kelly that smoking testimony was precluded.” [Mondics/Inquirer, March 6, follow-up]

Police unions roundup

  • Quite a story: “Las Vegas cop behind controversial killing now influential union leader” [Las Vegas Review-Journal]
  • Strife betwen NYPD union and City Hall long predates current NYC mayor [David Firestone, Quartz; Guardian]
  • “Report: Massachusetts police grant ‘professional courtesy’ to other officers caught driving drunk” [Radley Balko; earlier on cops’ refusal to ticket cops]
  • “Cleveland police union defends fired cop, saying others did far worse” [Cleveland Plain Dealer, earlier]
  • After cartoon ire, did union chief tell police departments not to give information to Bucks County, Penn. paper? [Jim Romenesko via Balko]
  • Oldie but goodie: “hit it with a flashlight until we gain compliance” []
  • Miami FOP: chief’s view of the Eric Garner case isn’t ours [Washington Post via Amy Alkon]
  • And for a contrasting view, check out the generally pro-police-organization site of Ron DeLord;

Labor and employment roundup

  • Jury convicts Ironworkers Local 401 boss in union violence case [Philadelphia Inquirer, CBS Philly, earlier here, etc. on Quaker meetinghouse arson and other crimes] Pennsylvania lawmaker proposes to end unions’ exemption from laws defining crimes of harassment, stalking, threatening [York Dispatch; more on exemption of unions from these laws]
  • Emergent regime under federal law: if you’ve ever offered light duty to a disabled worker or returning injured worker, you’d better offer it to pregnant worker too [Jon Hyman]
  • Everything you know about company towns is wrong [Alex Tabarrok]
  • “The EEOC issues you’ll want to keep an eye on in 2015” [Littler Mendelson via Tim Gould, HR Morning]
  • Sued if you do: employers struggle to navigate between government rules encouraging, penalizing hiring of applicants with criminal records [WSJ, paywall] “Watch Your Back: The Growing Threat of FCRA Background Check Class Actions” [Gregory Snell, Foley & Lardner]
  • “Nearly 30 Percent of Workers in the U.S. Need a License to Perform Their Job: It Is Time to Examine Occupational Licensing Practices” [Melissa S. Kearney, Brad Hershbein and David Boddy, Brookings via John Cochrane]
  • “The Effect of Mandatory Sick Leave Policies: Reviewing the Evidence” [Max Nelsen] “Popularity of Obama’s paid sick leave proposal depends on workers not realizing it ultimately comes out of their paychecks.” [James Sherk]