“A police officer fired for driving drunk in an unmarked police car while off-duty has filed a $6 million lawsuit against the city of Gresham, the police chief and others, alleging his rights were violated under the Americans with Disabilities Act. The lawsuit filed in Portland alleged the officer, Jason Servo, was suffering from alcoholism, a recognized disability under the act, and shouldn’t have been dismissed.” [AP] In my book The Excuse Factory I sketched some of the history of how alcoholism (at least when the subject declares a willingness to participate in rehab) came to be protected under the ADA.
Tagged as:
alcohol,
disabled rights,
Oregon,
police
Why they overlap [Noah Kristula-Green, U.S. News]
P.S. There was a flurry of national coverage last week when Cincinnati-area judge Robert Ruehlman struck down a traffic camera ordinance in the village of Elmwood Park, declaring the cameras a “scam” and “high-tech game of three-card monte.” [Cincinnati.com] Readers with long memories may recall that Judge Ruehlman appeared to favorable advantage in these columns back in 1999 when he threw out the city of Cincinnati’s abusive lawsuit against gun manufacturers, trade associations and a distributor, the first of the municipal gun suits to reach trial on the merits.
P.P.S. Why police drones aren’t the same thing privacy-wise as police helicopters [ACLU via HuffPo via Amy Alkon](& Bainbridge)
Tagged as:
Cincinnati,
police,
red light cameras
- “Once your life is inside a federal investigation, there is no space outside of it.” [Quinn Norton, The Atlantic]
- “Cops Detain 6-year-old for Walking Around Neighborhood (And It Gets Worse)” [Free-Range Kids] “Stop Criminalizing Parents who Let Their Kids Wait in the Car” [same]
- Time to rethink the continued erosion of statutes of limitations [Joel Cohen, Law.com; our post the other day on Gabelli v. SEC]
- “Are big-bank prosecutions following in the troubled footsteps of FCPA enforcement?” [Isaac Gorodetski, PoL]
- The “‘professional’ press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it.” [Ken at Popehat]
- Scott Greenfield dissents from some common prescriptions on overcriminalization [Simple Justice]
- Anti-catnip educational video might be a parody [YouTube via Radley Balko]
- “Too Many Restrictions on Sex Offenders, or Too Few?” [NYT "Room for Debate"]
- Kyle Graham on overcharging [Non Curat Lex] “The Policeman’s Legal Digest / A Walk Through the Penal Laws of New York (1934)” [Graham, ConcurOp]
- “D.C. Council Proposes Pretty Decent Asset Forfeiture Reform” [John Ross, Reason] And the Institute for Justice reports on forfeiture controversies in Minnesota and Georgia.
- Does prison privatization entrench a pro-incarceration lobby? [Sasha Volokh, more]
Tagged as:
banks,
child protection,
crime and punishment,
forfeiture,
Georgia,
illegal drugs,
Minnesota,
police,
prisoners,
statutes of limitations,
Washington D.C.
- “Lying to Doctors for Fitness for Duty Exam Can Still Get You Fired …But Only If You’re a Police Officer” [Connecticut cop smashed into two cars during epileptic seizure; Daniel Schwartz]
- “Emotional labor”: is having to be cheerful to customers a form of capitalist slavery? [Tim Noah v. Andrew Sullivan]
- CalPERS: “The pension fund that ate California” [Steve Malanga, City Journal]
- Restaurant Opportunities Center (ROC), other “worker centers” on the rise: “Will ‘alt-labor’ replace unions?” [Salon; critical anti-ROC site via Matt Patterson/CEI]
- Without benefit of an act of Congress, EEOC is interpreting the law to prohibit transgender bias [Workplace Prof]
- “The Nation: Government-Mandated Lunch Breaks are Somehow Libertarians’ Fault” [Shackford, Reason]
- Historian challenges received account of Haymarket Affair [Ron Radosh]
Tagged as:
Connecticut,
disabled rights,
EEOC,
labor unions,
police,
transgender,
wage and hour suits,
workplace
Then what do you think he does? “Carroll then started a business that cleans up gory crime scenes, a New Jersey Watchdog investigation found. Yet the state continues to pay him a disability pension for life, a sum that could total $1 million or more.” [Morris County, N.J.; Mark Lagerkvist, Reason]
Tagged as:
New Jersey,
police,
public employment
When Andrew Henderson videotaped police frisking a man about to be transported by ambulance in suburban Minneapolis-St. Paul, an officer confiscated his handheld videocamera, allegedly for evidence: “If I end up on YouTube, I’m gonna be upset.” Later, when Henderson sought to get his camera back, the sheriff’s office refused and instead charged him with misdemeanors. Among the notes on the citation: “Data privacy HIPAA violation.” A Stanford law professor says it would be nonsense to regard HIPAA, the federal health privacy law, as constraining the activity of bystanders like Henderson who are not legally defined as health providers. [St. Paul Pioneer Press]
Tagged as:
HIPAA,
Minnesota,
movies film and videos,
police
“The family of a man shot and killed by his neighbor in Skagit County can proceed to trial on claims that the county’s emergency communications center mishandled its response to his panicked 911 call, Washington’s Supreme Court ruled.” According to his family, a 911 operator told William Munich that help was on the way but did not code the call as an emergency; a sheriff’s deputy showed up 18 minutes later, by which time Munich had been shot by the irate neighbor. “I am concerned the majority’s decision will put unwarranted pressure on every statement made by 911 operators, straining communications that depend on the free flow of information,” wrote dissenting Justice James Johnson. [KOMO; Munich (Gayle) v. Skagit Emergency Communications Center, holding, dissent (wrong link fixed now); background on Washington's unusual approach to sovereign immunity]
P.S. Another Washington sovereign liability case of interest: Robb v. City of Seattle, “Whether the city of Seattle may be liable in an action for wrongful death brought by the survivor of a murder victim based on the failure of police to confiscate ammunition while detaining the murderer for questioning just before the murder occurred.” [Temple of Justice]
Tagged as:
emergency services,
police,
sovereign immunity,
third party liability for crime,
Washington state
No, these were not naughty pictures, they were driver’s license headshots. “The city’s liability could have been upwards of $565,000 because the statute provides $2,500 to be assessed per each unlawful look-up of the database, and we had 226 look-ups,” City Attorney Sara Grewing [of St. Paul, Minn.] told the Pioneer Press. “So we were looking at $565,000 plus attorney’s fees, if we were found liable.” St. Paul was one of several municipalities that settled with Anne Marie Rasmusson, whose picture fellow officers often looked up without proper authority in violation of a 1994 enactment called the federal Drivers Privacy Protection Act. [Kim Zetter, Wired "Threat Level"; CityPages.]
Tagged as:
Minnesota,
police,
privacy
- Virginia voters overwhelmingly voted to curtail state’s eminent domain powers [Ilya Somin]
- “The most misunderstood Supreme Court decision of the last thirty years, Citizens United, made absolutely no difference in this election. Which is no surprise to anyone who read the case. Let’s hope we stop seeing attacks on free speech based on faulty premises.” [Ted Frank; Alison Frankel, Reuters; John Samples, Cato]
- “A Quick Round-Up on Education Policy and the 2012 Elections” [Andrew Coulson, Cato]
- By 58-42 margin, voters in liberal Montgomery County, Md. curtail county’s obligation to bargain with police union over policy changes with effects on working conditions [Gazette, earlier here, etc.]
- “Double down on social issues” advice wouldn’t have put Romney over the top, to put it mildly [Hans Bader] Medieval obstetrics expert Akin pulled less than 40 percent against Missouri’s unpopular McCaskill [Andrew Stuttaford, Secular Right]
- Entrenchment of union rights in state constitution wasn’t the only bad idea that Michigan voters rejected: they also turned thumbs down on unionization of home health aides and mandates for utility use of renewables [Conn Carroll]
- Louisiana voters strengthened protection for individual gun rights in their state constitution [Volokh]
Tagged as:
eminent domain,
guns,
labor unions,
Louisiana,
Michigan,
Mitt Romney,
police,
Virginia
- More intimidation of city councilors by Southern California police unions [Reason, earlier]
- Illinois Gov. Quinn calls for federal bailout of state pension plans [Ted Biondo, Rockford Register-Star, Ivan Osorio/CEI] Illinois Policy Institute launches campaign against idea [Frank Keegan, State Budget Solutions, IllinoisWatchdog.org]
- Former TSA Agent Says Stealing from Passengers’ Bags Is Common [Daniel Politi, Slate]
- “Chicago Teacher’s Strike Illustrates the Need for Choice” [Steve Chapman]
- California’s Potemkin public pension reform [Greenhut, City Journal] Report on political clout of California public service unions [Daniel DiSalvo, MI]
- College example shows how rules that lock in job security for some often leave others insecure [Virginia Postrel]
- Connecticut sweetheart labor deal: “Now, the governor doesn’t exactly report it that way in the press” [Zachary Janowski, City Journal]
Tagged as:
airlines,
California,
Chicago,
colleges and universities,
Connecticut,
Illinois,
labor unions,
police,
public employment
A brief history of the “law enforcement bill of rights,” pushed for by police unions and adopted in many states beginning in Maryland in 1972, which entrenches problem cops who have not actually been found guilty of a felony [Mike Riggs, Reason]
Tagged as:
Maryland,
police,
public employment
- CFPB hopes to fix regulation that has prevented stay-home moms from getting credit [Bloomberg Business Week, earlier]
- Uncertified class action: “Federal judge orders cost-shifting for fishing expedition” [PoL] Ted Frank objects to $10 million fee in “cosmetic” Johnson & Johnson settlement [Daniel Fisher, PoL]
- “Accused of Providing Blank Arrest Warrants to Police, Georgia Magistrate Resigns” [ABA Journal]
- Lester Brickman, Peter Schuck in new podcast on Brickman’s book Lawyer Barons [Federalist Society]
- “Wright and Ginsburg on Behavioral Law & Economics” [NW Law Review and SSRN via Adler]
- “17th injury claim in 12 years got Chicago cop her disability deal” [Sun-Times]
- “Injured while working for the Empire? Call Lando Calrissian.” Law firm ad parody [YouTube]
Tagged as:
Chicago,
class action settlements,
Georgia,
humor,
Lester Brickman,
loser pays,
police
Steven Greenhut at Reason summarizes an extraordinary story from Costa Mesa, Calif. broken by Orange County Register reporting here, here, and here. Long and the short of it: if you get on the wrong side of certain police unions politically, be on your guard against trumped-up DUI charges and a range of “gangster cop” behavior.
Tagged as:
labor unions,
Los Angeles,
police
- I dreamed someone sabotaged the memory care unit by switching Rosa DeLauro’s name tag with Rosa Luxemburg’s [Fox; Raising Hale, Labor Union Report with more on alleged nursing home sabotage and the Connecticut pols that enable it]
- New York’s Scaffold Law will inflate cost of Tappan Zee Bridge rebuild by hundreds of millions, according to Bill Hammond [NYDN]
- “In Michigan, a ballot measure to enshrine union rights” [Reuters, WDIV]
- Massachusetts voters rejected unionizing child care providers, but legislature decided to do it anyway [Boston Herald]
- SEIU flexes muscle: “Surprise strike closes SF courtrooms” [SFGate, NBC Bay Area]
- If it goes to arbitration, forget about disciplining a Portland police officer [Oregonian via PoliceMisconduct.net] Boston police overtime scandal [Reason] Related, San Bernardino [San Diego Union-Tribune]
- Louisiana teacher union furor: “Now There’s A Legal Defense Fund For Schools The LAE Is Threatening To Sue” [Hayride, earlier]
- As unions terrorize a Philadelphia construction project, much of the city looks the other way [Inga Saffron, Philadelphia Inquirer, PhillyBully.com; via Barro]
Tagged as:
Boston,
Connecticut,
Louisiana,
Massachusetts,
Michigan,
New York,
Philadelphia,
police
