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Court rules on suit against West Memphis officers
Court News |
2012/11/15 12:47
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A lawsuit brought against West Memphis, Ark., by relatives of two people who were fatally shot by the city's police officers during a two-state chase can continue, a federal appeals court ruled Wednesday.
The U.S. Court of Appeals for the Sixth Circuit agreed with a lower court that five West Memphis officers involved in the July 2004 shootings of Donald Rickard and Kelly Allen are not immune from possible liability in the deaths.
Rickard fled a traffic stop for a broken taillight in West Memphis and was chased across a Mississippi River bridge to Memphis. After Rickard and a West Memphis officer crashed with each other on a Memphis street, officers managed to stop the car again and fatally shot both Rickard and Allen, his passenger.
Officer Vance Plumhoff fired three shots into the vehicle. Officer John Bryan Gardner fired 10 times at the vehicle as it was moving away from the officers. Officer John Tony Galtelli also fired two shots at the vehicle.
As the officers were shooting, Rickard lost control of the vehicle and crashed into a building.
Police have said they opened fire on the car after Rickard tried to run over them as he fled down the street after being cornered. Relatives of Rickard and Allen, both 44, have alleged excessive force. |
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Lawyer for NY man suing Facebook wants out of case
Topics in Legal News |
2012/11/06 10:41
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The latest lawyer to represent a New York man in what authorities now say is a fraudulent lawsuit against Facebook is seeking to withdraw from the case.
Dean Boland, in a motion filed Tuesday in U.S. District Court in Buffalo, did not publicly say why he wants off Paul Ceglia's case, instead providing the reason in a private document to the judge.
The Lakewood, Ohio, lawyer did say, however, it has nothing to do with any belief that Ceglia engaged in fraud.
Given media coverage of the case, Boland wrote, "it is important to emphasize in the strongest terms possible, that the reasons underlying this request, provided to the court for its review, have nothing to do with any belief by the undersigned that plaintiff is engaged in now or has been engaged in during the past, fraud regarding this case."
Boland is among more than a half dozen lawyers and law firms to have signed on and then withdrawn from Ceglia's 2010 lawsuit. Ceglia claims in the suit that he's entitled to half-ownership of Menlo Park, Calif.-based Facebook based on a 2003 contract with founder Mark Zuckerberg when he was still at Harvard. |
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Former Navy lawyer goes before Kan. Supreme Court
Court News |
2012/10/27 13:41
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A former Navy lawyer who was convicted during a court martial in 2007 for mailing secret information about Guantanamo Bay detainees is seeking to get his law license reinstated in Kansas.
Attorneys for Matthew Diaz will argue on Thursday before the Kansas Supreme Court to accept a recommendation from the Office of Judicial Administration to suspend his law license for three years effective 2008. Because of the timeline, Diaz would be reinstated with the Kansas bar.
The disciplinary hearing panel said Diaz warranted "significant discipline" for his actions, which included the act of printing and sending classified information and sending it to an unauthorized person.
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Italian court convicts 7 for no quake warning
Legal Interview |
2012/10/25 13:41
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Defying assertions that earthquakes cannot be predicted, an Italian court convicted seven scientists and experts of manslaughter Monday for failing to adequately warn residents before a temblor struck central Italy in 2009 and killed more than 300 people.
The court in L'Aquila also sentenced the defendants to six years each in prison. All are members of the national Great Risks Commission, and several are prominent scientists or geological and disaster experts.
Scientists had decried the trial as ridiculous, contending that science has no reliable way of predicting earthquakes. So news of the verdict shook the tightknit community of earthquake experts worldwide.
"It's a sad day for science," said seismologist Susan Hough, of the U.S. Geological Survey in Pasadena, Calif. "It's unsettling." That fellow seismic experts in Italy were singled out in the case "hits you in the gut," Hough added.
In Italy, convictions aren't definitive until after at least one level of appeals, so it is unlikely any of the defendants would face jail immediately.
Other Italian public officials and experts have been put on trial for earthquake-triggered damage, such as the case in southern Italy for the collapse of a school in a 2002 quake in which 27 children and a teacher were killed. But that case centered on allegations of shoddy construction of buildings in quake-prone areas.
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NY appeals court nixes Defense of Marriage Act
Court Watch |
2012/10/22 14:50
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Saying the gay population has "suffered a history of discrimination,"
a divided federal appeals court in Manhattan ruled Thursday that a
federal law defining marriage as a union between a man and a woman was
unconstitutional, adding fuel to an issue expected to reach the U.S.
Supreme Court soon.
The 2nd U.S. Circuit Court of Appeals seemed interested in adding its
voice to several other rulings already at the high court's doorstep by
issuing its 2-to-1 decision only three weeks after hearing arguments
on a lower court judge's findings that the 1996 law was
unconstitutional.
In a majority opinion written by Judge Dennis Jacobs, the 2nd Circuit,
like a federal appeals court in Boston before it, found no reason the
Defense of Marriage Act could be used to deny benefits to married gay
couples. It supported a lower court ruling after a woman sued the
government in 2010, saying the law required her to pay $363,053 in
federal estate tax after her partner of 44 years died.
Jacobs, though, went beyond the Boston court, saying discrimination
against gays should be scrutinized by the courts in the same
heightened way as discrimination faced by women was in the 1970s. At
the time, he noted, they faced widespread discrimination in the
workplace and elsewhere. The heightened scrutiny, as it is referred to
in legal circles, would mean government discrimination against gays
would be assumed to be unconstitutional.
"The question is not whether homosexuals have achieved political
successes over the years; they clearly have. The question is whether
they have the strength to politically protect themselves from wrongful
discrimination," said Jacobs, who was appointed to the bench in 1992
by President George H.W. Bush.
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