Plaintiff is in the real estate business. After the U.S. Department of Housing and Urban Development [HUD] received complaints that plaintiff violated the law, plaintiff requested the names of the complainants under the Freedom of Information Act. HUD and the federal trial court invoked Exemption 6 of the Act, and redacted the names of the complainants […]
Case Of Guantanamo Bay Detainee Dismissed.
Plaintiff, a citizen of Sudan, alleged he was detained in Pakistan in 2002 by Pakistani security forces acting under the direction of an unknown American official. He claimed he was transferred to United States Military custody, first at Bagram Airfield in Afghanistan and then at Guantanamo Bay. In 2005, it was determined that, while he was […]
For A Detective Reporting Abusive Interrogation Tactics, That Another Officer Engaged In, An En Banc Opinion Changes Everything.
Last year, we reported the following: “Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.” A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. […]
Police Dog Had A History Of Sniffing Mistakes.
While a victim sat in his car waiting for a traffic light to change, a young Hispanic man got out of a white Volkswagen and murdered him. A defendant was found guilty of first degree murder after a police dog named Reilly alerted to a scent showing the defendant’s scent was present on the front passenger […]
Marijuana Conversion Action Against County Thrown Out.
Sheriff’s deputies seized and destroyed approximately 1,500 pounds of marijuana under cultivation in a remote area of Humboldt County. Plaintiffs each has a written physician’s recommendation for up to two ounces of marijuana per day, sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure […]
United States Supreme Court Issues Proposition 8 Opinion.
On June 26, 2013, the Supreme Court of the United States issued its ruling on the Proposition 8 matter in an opinion authored by John Roberts, Chief Justice of the United States. After first noting the public is currently engaged in an active political debate over whether same-sex couples should be allowed to marry, the high […]
DOMA Found Unconstitutional By High Court.
Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 […]
Hate Crime Statute Applied Against Police Officers.
The Bane Act ( Hate Crime Statute ) allows the Attorney General or any city or district attorney to sue in equity “[i]f a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by […]
I Pledge Allegiance To The Opposition Of Prostitution.
Congress passed the Leadership Act in 2003 [22 U.S.C. § 7601 et seq.] to combat HIV/AIDS. The Act makes the reduction of HIV/AIDS behavioral risks a priority of all prevention efforts. The Department of Health and Human Services and the United States Agency for International Development [USAID] are the federal agencies primarily responsible of overseeing implementation. The […]
State May Not Impose Additional Requirements For Voter Registration.
The National Voter Registration Act of 1993 [NVRA; 42 U.S.C. §1973gg-4(a)(1)] requires states to “accept and use” a federal form to register voters. The form requires only that an applicant state under penalty of perjury that he or she is a citizen. Arizona had an additional requirement for registration officials to reject the federal form applications […]
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