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Court reinstates lawsuit over NYPD surveillance of Muslims
Opinions |
2015/10/14 00:43
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A federal appeals court has reinstated a lawsuit challenging the New York Police Department's surveillance of Muslim groups following the Sept. 11, 2001, terrorist attacks.
Tuesday's 3rd Circuit Court of Appeals ruling reverses the decision of a New Jersey federal judge who dismissed the case last year.
The appellate panel found the Muslim plaintiffs had raised sufficient allegations of equal-protection violations to warrant the case going forward.
The judges compared the NYPD's alleged practices to blanket scrutiny of Japanese-Americans during World War II and blacks during the civil rights movement
The city blamed The Associated Press, whose reporting exposed the surveillance program, for any harm to the plaintiffs.
The lower court judge agreed with that argument, but the appeals panel said the city was the cause of any harm.
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Suspect in some Phoenix freeway shootings pleads not guilty
Opinions |
2015/10/10 16:22
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A man accused in some of the freeway shootings that put Phoenix drivers on edge for weeks pleaded not guilty Thursday as his defense lawyers questioned the strength of the evidence against him.
Attorneys for Leslie Allen Merritt Jr., 21, who was arraigned on 15 felony counts, including aggravated assault and carrying out a drive-by shooting, said outside court that the investigation by state police does not place him at the shooting scenes.
"We're going to work diligently to make sure that we investigate this fully, and we believe in his innocence," said Ulises Ferragut, one of Merritt's two attorneys.
Ferragut and attorney Jason Lamm also cited investigators' evolving timeline of the shootings. They plan to do their own investigation, looking into another person possibly admitting responsibility for any of the 11 shootings, Lamm said. They didn't identify that person or provide details.
"It's very, very early in the game to get hard confirmation on that," Lamm said.
Department of Public Safety investigators used ballistics tests to tie Merritt to four of the 11 shootings that occurred on Phoenix-area freeways between Aug. 22 and Sept. 10.
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600 court cases under review in California corruption probe
Opinions |
2015/06/16 19:21
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Hundreds of Orange County court cases are being scrutinized amid suspicions that someone was paid to fix DUI and other traffic violations by falsifying court records.
The FBI and county prosecutors are investigating, and about 600 Superior Court cases, some dating to 2006, are going before a judge this month to determine whether they should be reheard, the Orange County Register reported.
The probe involves suspicions that some employees recorded fake sentence reductions and dismissals for drunken driving and misdemeanor traffic cases and in at least one case, falsely made it appear a defendant had served jail time, the Register reported.
No arrests have been made. Representatives for the FBI, the court and the county district attorney's office declined to comment.
On Friday, 110 attorneys and former criminal defendants were summoned to the courtroom of Judge Thomas Borris and told there were errors in the court records. "You are here to convince me there is not a mistake in your case," Borris said.
"There has been a clerk somewhere that was entering false information ... getting cash in exchange for making stuff disappear," said Sheny Gutierrez, one of the attorneys who appeared.
Ramon Vasquez said he was given a work program in 2012 after pleading guilty to driving on a suspended license. The judge said the case would be undone unless he produced documents, the Register said.
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US appeals court upholds key parts of Texas abortion law
Opinions |
2015/06/14 19:21
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A federal appeals court upheld key parts of Texas's strict anti-abortion law on Tuesday, a decision that could leave as few as seven abortion clinics in the nation's second largest state.
The decision by the 5th U.S. Circuit Court of Appeals upholds requirements that abortion clinics meet hospital-level operating standards, which owners of small clinics say demand millions of dollars in upgrades they can't afford and will leave many women hundreds of miles away from an abortion provider. But the court said abortion clinics failed to prove that the restrictions would unduly burden a "large fraction" of women.
Republican Gov. Greg Abbott and other conservatives say the standards protect women's health. But abortion-rights supports say the law is a thinly veiled attempt to block access to abortions in Texas, and they promised to appeal to the U.S. Supreme Court, which temporarily sidelined the law last year.
"Not since before Roe v. Wade has a law or court decision had the potential to devastate access to reproductive health care on such a sweeping scale," said Nancy Northrop, president and CEO of the Center for Reproductive Rights.
Texas will be able to start enforcing the restrictions in about three weeks unless the Supreme Court steps in and temporarily halts the decision, said Stephanie Toti, an attorney for the center. Only seven abortion facilities in Texas, including four operated by Planned Parenthood, meet the more robust requirements.
The ruling, made by a three-judge panel, is the 5th Circuit's latest decision in a lawsuit challenging some of the toughest abortion restrictions in the country. |
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Wash. gay wedding flowers case goes to court
Opinions |
2013/07/02 09:36
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The dispute over a Washington state florist who declined to provide flowers for a same-sex wedding goes to court Friday.
Oral arguments are scheduled in Benton County Superior Court.
The Washington state attorney general's office sued the owner of Arlene's Flowers, Baronelle Stutzman, saying she violated consumer protection law by refusing service in March to customers Robert Ingersoll and Curt Freed.
Stutzman says she has no problem with homosexual customers but won't support gay weddings because of her religious beliefs.
In addition to the state, the ACLU sued Stutzman on behalf of the Kennewick, Wash. couple. A religious freedom group, Alliance Defending Freedom, countersued the state on behalf of Stutzman. |
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