Posts Tagged ‘prisoners’

Police and prosecution roundup

  • Teacher killed in the crosswalk, with the light. NYPD: “The victim behaved recklessly by crossing the street.” [StreetsBlog]
  • North Carolina not among the 13 states in which legal standards require prosecutors to turn over evidence of innocence that they learn of after a conviction [Radley Balko, AP]
  • Fail to stop daughter’s 20 year old boyfriend from raiding beer in fridge, go to jail [Washington Post on Maryland lawmakers’ enactment of criminal penalties following car-crash injuries for parents who tolerated alcohol consumption]
  • “First, only terrorists had to hand over their phones. Now it’s people involved in traffic accidents, too” [@reuvenim on the proposed New York law discussed here] “In a bid to get around the Fourth Amendment right to privacy, the textalyzer allegedly would… ” [ArsTechnica] But see Scott Greenfield (law “not a particularly effective one” in helping to fix blame, but “just not that big a deal.”)
  • Inmates’ contact with family is revenue source for prison, sky-high phone rates just the start [Scott Greenfield]
  • Federal oversight of local departments enables weak, reform-averse local pols: “Washington Can’t Fix Broken Policing” [Tim Lynch, Cato]

February 17 roundup

  • Cross-examination of Mr. Hot Yoga left jury steamed, especially when it came to explaining the luxury cars [Lowering the Bar; more on Bikram Choudhury litigation]
  • Forty-nine (!) Georgia corrections officers accused of taking bribes, drug trafficking [WXIA Atlanta; compare Baltimore jail guards scandal]
  • More reactions to Justice Scalia’s death: Lee Liberman Otis, Joseph Bottum, Emily Zanotti, David Wagner/Ninomania. His legacy on the Fourth Amendment [Jonathan Blanks, Cato] On canines in the curtilage and the Bill of Rights more generally [Jacob Sullum] Labor and employment law bloggers on his passing [Jon Hyman] Immune to internationalist argle-bargle, Scalia was actually one of SCOTUS’s more cosmopolitan members [Julian Ku/Opinio Juris]
  • Los Angeles joins San Francisco and Boston in banning chewing tobacco in Dodger Stadium and every other park and stadium in the city, because it can [Curbed LA]
  • “They are both highly educated attorneys” which means they should have known better than to launch that lurid plot to plant drugs on the rival PTA mom [Washington Post]
  • To get a cosmetology license in Ohio, you’ll need to undergo training in spotting signs of human trafficking [Elizabeth Nolan Brown/Reason; earlier on hair and beauty professionals as informants]
  • “British teenager creates robot lawyer to help people with their legal queries” [Mashable]

U.S. Chamber’s “Most Ridiculous Lawsuits of 2015”

Here. Their winner is the monkey-selfie case, and it, like five of the others, has been covered here before: aunt sues nephew for careless hug, cop spills free coffee on lap and sues, thrown roll at Missouri restaurant, California woman allegedly used fake medical records and pictures “from the Internet” to bolster McDonald’s coffee-spill case, and Washington bank robber injured while fleeing scene.

The four others:

4. Pennsylvania Nursing Student Fails a Course Twice and Sues the School for Not Helping With Anxiety
5. Two New York Women File $40 Million Lawsuit Over ‘Like, Five or Six Scratches’ They Received From a Gas Explosion Blocks Away
6. Colorado Inmate is Suing the NFL for $88 Billion Over the 2015 Cowboys’ Playoff Loss
7. Florida Woman is Suing FedEx for Tripping Over a Package Left at Her Doorstep

Our coverage last year of their 2014 list is here.

December 2 roundup

  • Nice work: how one lawyer cleans up filing piggyback class actions after the Federal Trade Commission and other enforcement agencies cite marketers for violations [Daniel Fisher, Forbes]
  • Cites inmate’s 18-year history of frivolous complaints: “Prisoner can’t sue USA Today for not printing gambling odds, Pennsylvania court says” [PennLive]
  • Canada’s pioneering cap on regulation could be a model for U.S. [Laura Jones, Mercatus via Tyler Cowen]
  • “He had a right to shoot at this drone, and I’m going to dismiss this charge” [Eugene Volokh on Kentucky case noted in July]
  • Dear John: Los Angeles may use license-plate readers to go after drivers who enter “wrong” neighborhoods [Brian Doherty]
  • Asylum law (which differs in numerous ways from refugee law, among them that it typically addresses claims of persons already here) hasn’t quite solved its own vetting problem [flashback from last year, more]
  • Georgia lawyer “sanctioned for ‘deploying boilerplate claims’ and ‘utterly frivolous’ arguments” [ABA Journal]

Police and prosecution roundup

  • Mark your calendar: December 1 Cato hosts a policing conference in Washington, D.C.;
  • “Note: DOJ thinks flying from Chicago to Los Angeles is suspicious.” Well, no wonder they did a forfeiture then! [@bradheath]
  • Mississippi voters on Tuesday returned longtime Attorney General Jim Hood to office by 56-44 margin [Radley Balko; Jackson Clarion-Ledger; earlier Balko on Hood’s spotted record as prosecutor]
  • “No! Mine is more unconstitutional!” Police and council in Charlotte, N.C. mull “whether to create ‘public safety zones,’ city areas where people with past arrests would be prohibited from entering.”‘ [Charlotte Observer]
  • Harvard lawprof Jeannie Suk on the St. Paul’s sexual assault case and the rapidly changing definition of rape [Jeannie Suk, New Yorker]
  • Prison “pay to stay” charges can far exceed any reasonable ability to pay, and few outside the world of ex-offenders “even know it’s happening” [Scott Greenfield]
  • “Was it a turf war gone mad? Or a botched police response?” [Nathaniel Penn, GQ, on the Waco biker gang shoot-out, earlier here, here, here]

Discrimination law roundup

  • “Requiring Employees to Return 100% Healed Costs Trucking Firm $300K in EEOC Suit” [Thompson’s HR Compliance Expert]
  • Update: Oregon appeals court upholds $400,000 fine judgment against Portland owner who asked transgender club to stop holding meetings at his nightclub [Oregonian, earlier]
  • Fire Department of New York commissioner: yes, we lowered fitness bar so more women could join the force [Matthew Hennessey/City Journal, my take in The Excuse Factory back when]
  • From May: “Oversight of the Equal Employment Opportunity Commission: Examining EEOC’s Enforcement and Litigation Programs” [Senate HELP committee via Workplace Prof]
  • Lengthy HUD battle: 2nd Circuit notes “no finding, at any point, that Westchester actually engaged in housing discrimination” [WSJ editorial, earlier here and here]
  • In 1992 Delaware settled an employment discrimination lawsuit by agreeing to assign prison guards “without regard to the gender of prisoners….A disaster ensued.” [Scott Greenfield on Cris Barrish, Wilmington News-Journal coverage]
  • NYC council speaker pushing “very bad bill to extend special employment protections to caregivers” [N.Y. Daily News editorial]

“Think it’s hard to fire a bad teacher? Try a bad corrections officer”

“Since 2010, the state [of New York] has sought to fire 30 prison guards accused of abusing inmates through a convoluted arbitration process that is required under the union contract. Officials have prevailed only eight times, according to records of disciplinary cases released under state Freedom of Information Law requests.” [Tom Robbins, The Marshall Project; earlier on difficulty of investigating Attica abuse allegations, and related on correctional officers’ bill of rights laws]

Great moments in public employment: correctional officers’ rights

“Maryland Gov. Larry Hogan blamed the state’s largest employee’s union for not being able to remove corrections employees who face charges that range from driving under the influence to assault….Since 2013, more than 200 Department of Public Safety and Correctional Services employees have been charged with crimes that include DUI, assault and having sexual relations with an inmate, yet they remain on the job.” Union officials, however, say the governor is in error, and that it’s state law, rather than AFSCME contract terms, that restrict dismissals. So no problem! [WBAL, auto-plays; earlier on Maryland’s Correctional Officers Bill of Rights law, a younger sibling to its Law Enforcement Officers Bill of Rights (LEOBR) law for police]

More background on police bill of rights laws, and their origin in the wake of the Kerner commission report on 1960s civil unrest [Scott Greenfield] Veteran police lawyer Herbert Weiner, general counsel to Maryland State FOP Lodge, defends the state’s LEOBR [Al-Jazeera] And commenter Daniel Martin at Popehat on some curious implications of Maryland’s LEOBR, which prohibits investigating cops for some types of misconduct “until the victim, their immediate family, or a direct witness swears out a complaint.”

Yet more: In Pennsylvania, “members of the Fraternal Order of Police are rallying behind legislation to shield the identities of officers who use force.” It’s backed in Harrisburg by Rep. Martina White (R-Philadelphia) and Sen. John Sabatina, D-Philadelphia. [Watchdog] And with respect to our post of the other day, a commenter writes that the city of Tucson’s two-tiered informational release — withholding the names of police in a prostitution investigation while releasing those of civilians — was not done at city authorities’ discretion but in compliance with a newspaper’s public records request, in conjunction with a state law shielding police privacy.

Crime and punishment roundup

  • “Regulatory Crimes and the Mistake of Law Defense” [Paul Larkin, Heritage]
  • Victims of sex offender registry laws, cont’d [Lenore Skenazy]
  • James Forman, Jr.: case against mass incarceration can stand on its own without flawed Jim Crow analogy [Boston Review and N.Y.U. Law Review, 2011-12]
  • “For-profit immigration jails, where the inmates — convicted of nothing — work for less than peanuts.” [@dangillmor on Los Angeles Times]
  • “The New Science of Sentencing: Should prison sentences be based on crimes that haven’t been committed yet?” [Marshall Project on statistically derived risk assessments in sentencing]
  • Group of 600 New England United Methodist churches issues resolution calling for an end to Drug War [Alex Tabarrok, who was also profiled the other day]
  • Prison guard in Florida speaks up about witnessing abuse of inmate, and pays a price [disturbing content, Miami Herald]

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]