Category Archives: Civil Rights

Sorting out a statute-of-limitations question in False Claims Act case

Argument analysis: Sorting out a thorny statute-of-limitations question in False Claims Act case

The Supreme Court engaged in a relatively lively argument today over a thorny issue of statutory interpretation under the False Claims Act: how two separate statute-of-limitations provisions apply to whistleblower, or “qui tam,” actions when the federal government has not intervened in a suit brought by a private party, or relator.

“These types of actions are exceptional in many ways,” Chief Justice John Roberts observed about the qui tam suits brought under the 1863 statute that was meant to battle rampant fraud by contractors during the Civil War.

Theodore J. Boutrous Jr. for petitioners (Art Lien)

Cochise Consultancy Inc. v. United States, ex rel. Hunt stems from a more recent period of U.S. military history — the deployment of U.S. forces in Afghanistan and Iraq. Whistleblower Billy Joe Hunt alleges that Cochise Consultancy and another defense contractor defrauded the federal government in a contract to clean up munitions left behind by Iraqi forces.

The FCA helps the federal government recover some $3 billion in fraudulent contracting expenses annually, with the government taking the lead in about one-quarter to one-third of cases, while private relators initiate the rest (with the possibility of the government stepping in at any point).

If the government intervenes in a civil action brought by a relator under the statute, the relator is generally entitled to between 15 percent and 25 percent of any monetary recovery. If the government declines to intervene and the relator successfully prosecutes the action, the relator receives between 25 percent and 30 percent of the recovery.

The case before the court centers on the FCA’s two statute of limitations provisions.

As explained in David Engstrom’s preview, the law’s original statute of limitations, Section 3731(b)(1), requires lawsuits to be filed within six years of the alleged fraud. In 1986, Congress added a second statute of limitations, Section 3731(b)(2), which permits suits up to three years after “the official of the United States charged with responsibility to act in the circumstances” learns the “facts material to the right of action,” but not more than 10 years after the alleged fraud. Both statutes of limitations apply to a “civil action under section 3730,” and “whichever occurs last” controls the case.

Hunt’s FCA suit was filed in 2013, more than six years after the alleged fraud, which occurred in 2006 and 2007. Hunt argues that his case qualifies for Section 3731(b)(2)’s alternative statute of limitations because he filed suit less than three years after the relevant “official of the United States” learned of the alleged fraud in 2010.

If the federal government had intervened in Hunt’s suit, the alternative statute of limitations plainly would have applied. But the government did not intervene. The district court dismissed the suit as untimely, but the U.S. Court of Appeals for the 11th Circuit reversed, taking a position different from conflicting views in several other circuits. As Engstrom’s preview explained, the 11th Circuit held that relators can invoke Section 3731(b)(2) in suits in which the United States is not a party and that Section 3731(b)(2)’s three-year limitations period does not begin until the government learns of the alleged fraud, regardless of when the relator discovers it.

Arguing on behalf of the contractors today, lawyer Theodore Boutrous said that under the 11th Circuit’s approach, “a relator could conceal from the United States and could wait to sue for a decade and still take advantage of the principle of equitable tolling.”

According to Boutros, that approach conflicts with Graham County Soil & Water Conservation District v. United States, ex rel. Wilson, in which the Supreme Court held that the six-year statute of limitations did not apply to actions brought under an FCA provision that governs retaliation.

Graham “held that these provisions must be interpreted in context, not in isolation,” Boutrous said.

Boutrous quickly ran into difficulty. Justice Neil Gorsuch said:

I just put my cards on the table so you can play them as you wish. In Graham, we held that retaliation claims just simply aren’t covered by this provision at all, and they don’t qualify under that introductory language for either purposes of [Section 3731] (b)(1) or (b)(2). Here, you’re asking us to split the baby, as it were. And we normally don’t read the same language to mean two different things. And I believe that’s a problem you face that we did not face in Graham.

Justice Sonia Sotomayor told Boutrous that the provisions appear to give relators a longer statute of limitations than the government, but it may be important to look at the broader purpose of the FCA, which is “is to ensure that when some fraud has occurred against the U.S., that there is recovery for the United States.”

Boutrous observed that Hunt waited seven years to file his qui tam suit, “and one of the cases that creates the conflict that brings us here was eight or nine years. It is so contrary to the very essence of equitable tolling to allow someone to lie in the weeds and conceal from the United States.”

Roberts interrupted him to say that seems to be more of an “academic concern.”

The relators “know if they don’t move promptly, another relator might preempt them,” the chief justice said. “They know that if they don’t move promptly, the government itself might find out before they have a chance to file, and that would preempt their action as well. The theory of a relator just sort of, as you say, waiting in the weeds I think is not a realistic one.”

Boutrous repeated several times that statutes of limitations serve important purposes.

“Ten years in civil litigation, memories fade, people — witnesses die,” Boutrous said. “They disappear. And so the difference between six years and 10 years is a very long time.”

Justice Samuel Alito seemed most sympathetic to the contractors’ side.

“This is an interesting case because it really does create a statutory interpretation dilemma,” Alito said. “This is a terribly-drafted statute. It may serve wonderful purposes, but if I were to grade whoever drafted it—anyway, I’ll pass that.”

But “you have a real problem trying to fit this into the statutory text,” he told Boutrous.

Two attorneys argued that relators can rely on the longer statute of limitations even when the government declines to intervene in a case.

Earl Mayfield, representing Hunt, said “the absurdity here would be if the statute didn’t result in the United States obtaining more funds or if there was some anomalous result.”

Mayfield said that Congress has “built a statutory scheme that confines the very harms” that petitioners raise.

“Virtually all relators bring their suits … as soon as they get a lawyer who is able to identify the fraud and bring it forward, because otherwise … they’ll lose everything,” he said. “It would be like taking a lottery ticket and dropping it in the toilet. No one does that. And at the end of the day, every time a relator acts, no matter when he does it, whether it be year one, year five, or year ten, it is the government that ultimately benefits.”

Matthew Guarnieri, an assistant to the U.S. solicitor general, also argued in support of Hunt’s position.

“The key thing to keep in mind” with respect to the policy result, Guarnieri said, “is that a relator is permitted to sue to vindicate an interest of the United States. The United States is the injured party in all of these cases. The United States is a real party in interest regardless of whether or not it elects to intervene in the action, the majority of any recovery would go to the United States. And in that context, it made good sense that Congress chose to make the tolling rule in (b)(1) applicable based on the knowledge of the injured party; that is, the United States.”

Despite some persistent questioning from Alito, both Mayfield and Guarnieri apparently felt confident enough in their arguments to finish well before their time had expired.

***

Past case linked to in this post:

Graham Cty. Soil Water Con. v. U.S. ex Rel. Wilson, 545 U.S. 409 (2005)

[Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case. The author of this post, however, is not affiliated with the firm.]

The post Argument analysis: Sorting out a thorny statute-of-limitations question in False Claims Act case appeared first on SCOTUSblog.

SCOTUS Round-Up 431

Monday round-up

This morning the Supreme Court begins its March sitting with two oral arguments. The first case is Virginia House of Delegates v. Bethune-Hill, an appeal by Republican legislators of a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe had this blog’s preview, which was first published at Howe on the Court. Amanda Wong and Jared Ham preview the case at Cornell Law School’s Legal Information Institute, and Subscript Law has a graphic explainer. For The Washington Post, Gregory Schneider reports that “[i]n agreeing to hear the appeal, the Supreme Court said it would first consider the issue of whether the House Republicans have legal standing to bring it,” which “hinges on whether the House leaders can show they would be harmed by the ruling.”

Today’s second argument is in Smith v. Berryhill, which asks whether dismissal as untimely of a Supplemental Security Income claimant’s request for review is a final decision subject to judicial review. Kathryn Moore previewed the case for this blog. Garion Liberti and Tayler Woelcke have Cornell’s preview.

On Friday, the Supreme Court added a constitutional question to Department of Commerce v. New York, a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census, instructing the parties to brief and argue whether the decision violates the enumeration clause. Amy Howe covers the order for this blog, in a post that first appeared at Howe on the Court. At his eponymous blog, Lyle Denniston reports that “[t]he case up to now has been only a test of whether asking everyone in America about their citizenship would be a violation of two federal laws.” Additional coverage comes from Greg Stohr at Bloomberg, who reports that in another challenge to the government’s decision, a district-court judge recently ruled that “a citizenship question would lead to a less accurate count, violating the constitutional requirement of an ‘actual enumeration’ of the population every 10 years.”

For The Washington Post, Robert Barnes reports that “[w]hen the U.S. Supreme Court takes up Flowers v. Mississippi on Wednesday, it won’t be considering the evidence against [Mississippi death-row inmate Curtis Flowers:] Essentially, it will be Doug Evans’s prosecutorial tactics that are on trial, and whether he discriminated against African Americans in keeping them off the jury in [Flowers’] 2010 trial.” At Jurist, Chris Kemmitt weighs in on the case, urging the Supreme Court “to continue its long-standing commitment to the principle that racial prejudice has no place in jury selection—especially when the defendant’s life is on the line.”

Briefly:

  • For The New York Times, Adam Liptak writes that the challengers in on of next week’s two partisan-gerrymandering cases, Rucho v. Common Cause, a challenge to North Carolina’s congressional map, “will be making their arguments to a new audience, one that may not be as receptive as the court that included Justice Kennedy.”
  • At Law.com, Marcia Coyle reports that “[t]he Tenth Circuit Judicial Council on Friday denied 20 appeals of its earlier dismissal of misconduct complaints against now-Justice Brett Kavanaugh stemming from his nomination and confirmation to the U.S. Supreme Court.”
  • At NPR, Nina Totenberg reviews Evan Thomas’ new biography of Justice Sandra Day O’Connor, calling it “an unvarnished and psychologically intuitive look at the nation’s first female Supreme Court justice, and some of her contradictory characteristics.”
  • At Bloomberg Law, Kimberly Robinson explains that, even after the retirement of “swing” justice Anthony Kennedy, “there’s still potential for the court’s outnumbered liberals to cobble together majorities in certain types of cases, based on past votes and the newest justices’ histories.”
  • At The Hollywood Reporter, Eriq Gardner looks at a movie producer’s cert petition challenging “a conviction for defrauding Louisiana’s movie tax credit system [that] has now picked up support from 14 retired federal judges, nine criminal law professors and the National Association of Criminal Defense Lawyers.”

The post Monday round-up appeared first on SCOTUSblog.

Justices add constitutional question to citizenship on the census case

Justices add constitutional question to citizenship case

The citizenship question on the census issue just hit center stage

On April 23, 2019 the Supreme Court will hear oral argument in the challenge to the decision to reinstate a question about citizenship on the 2020 census. The justices had originally granted review to decide whether that decision violated federal laws governing administrative agencies, but today the justices announced that they will also consider whether the decision violates the Constitution.

The justices’ order adding the constitutional issue to the case came four days after U.S. Solicitor General Noel Francisco sent a letter to Scott Harris, the clerk of the Supreme Court. The letter informed Harris (and, by extension, the justices) that a federal district court in California had ruled that the addition of the citizenship question violates both federal administrative laws and the Constitution’s enumeration clause, which requires the “actual Enumeration” of the U.S. population every 10 years, to allow congressional representatives to be evenly divided among the states. The only way to finally resolve whether the federal government can bring back the citizenship question, the government stressed, is to have the justices take up the constitutional issue too: Otherwise, even if the Supreme Court were to agree with the federal government that the citizenship question does not violate federal administrative laws, lower courts could still rely on the enumeration clause to block the government from including it.

With the June 2019 deadline to finalize the census questionnaire looming, the government continued, the best course of action would be for the justices to add the constitutional issue to the case slated for oral argument on April 23, which hails from a federal district court in New York. That is exactly what the justices did today, giving the challengers – states and civil rights groups, led by New York – an extra 2000 words to address the issue in their briefs, which are due on April 1. The justices gave the federal government (which had already addressed the enumeration clause in its opening brief) an extra 1000 words in its reply brief.

This post was first published at Howe on the Court.

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Minnesota Archdiocese Reaches Historic $210 Million Settlement With Clergy Abuse Victims

OPINION: Disgusting. Richest church on the planet and one of the top three landowners on the planet**, but instead of ponying up some REAL compensation for the horrific damage their pedophile priests have done, they declare bankruptcy and skate out dirt-cheap after yet another group of their perverts destroyed the lives of 450 more innocent children.

While $210 million may SOUND like a lot, let’s give this some perspective. First, figure 40% will go immediately to the attorneys. With what’s left, if they divided it evenly among the 450 victims, that means the Catholic Church puts the value of an entire life starting at early childhood destroyed by their ubiquitous sexual predator priests at less than $280,000. Still a nice chunk of change, right? Not so fast.

Now think about this: If a victim only lives to the age of 75, before inflation or any mandatory deductions, that divides out to $3,733 per year. And that breaks down to just $72 per week, per person, to pay for all of the psychiatrists, therapy and counseling they will probably need for the rest of their lives. $72 a week.

What kind of mental healthcare do you get for $72 a week? About 2 large bottles of Jack Daniels or a nice bag of Meth, that’s what.

Richest church on the planet and their idea of “justice” is $72 a week for a shattered life!

And to add insult to injury, keep this little nugget in mind: NONE of  these pedophile priests are ever arrested, ever go on trial, ever go to prison or ever face criminal charges like every other child rapist does. In fact, many times they just get tossed right back into circulation at a new location where they can keep on raping kids and destroying more lives. All with the cheerful endorsement of the Catholic Church. Absolutely disgusting.

So here’s a question:

If it takes a village to raise a child, and EVERYBODY in the village has known that these sexual predator pedophile priests have been preying on children since, well, basically forever, and have done nothing except keep quiet, not talk about it and keep sending their kids off to be sexually abused some more, what does that say about EVERYBODY IN THE VILLAGE i.e. the Catholic congregations that continue even to this day to attend, protect and financially support the catholic church and their never-ending supply of sexual predator pedophile priests?

** The Church has been acquiring land since its inception in 313 A.D., and as of 2011, the Pope was one of the world’s top three largest landowners, behind King Abdullah of Saudi Arabia and Queen Elizabeth II. Unfortunately, it’s virtually impossible to calculate exactly how much real estate the Catholic Church has because it’s protected as a religious institution but worldwide holdings total roughly 177 million acres. Source

Minnesota Archdiocese Reaches $210 Million Settlement With 450 Clergy Abuse Victims

The Archdiocese of St. Paul and Minneapolis has reached a $210 million settlement agreement with 450 victims of clergy sexual abuse as part of a bankruptcy reorganization, officials announced Thursday.

At $210,290,724, it is estimated to be the second …

Original post

Twin Cities parishes step up to help pay clergy sex abuse settlement

To date, more than half of the roughly 100 parishes in the archdiocese with clergy sex abuse claims have made or pledged a contribution, said Finnegan, whose church is among them.

“Other parishes without [abuse] claims have done the same,” he said.

Original post

Judge denies request from individuals named in grand jury report into clergy sex abuse

which is only fair.” Previous grand jury reports into clergy sex abuse out of the Archdiocese of Philadelphia and the Diocese of Altoona-Johnstown named dozens of priests and church officials in the findings.

Rep. Mark Rozzi, a Berks County state lawmaker …

Original post

Twin Cities parishes react to archdiocese’s $210 million settlement with abuse survivors

Father Dan Griffith took the last few minutes of Mass to fill everyone in about the landmark $210 million settlement between the Archdiocese of St. Paul and Minneapolis and 450 survivors of sexual abuse by priests.

The agreement, announced Thursday …

Original post

Judge rejects attempt to postpone a Pennsylvania grand jury report on child sex abuse by priests

Five years before that, the second of two grand juries investigating the Philadelphia Archdiocese concluded, uncovering unreported sexual abuse allegations against about 100 priests.

Krumenacker published decision came about three weeks after Harrisburg …

Original post

Catholic church in Minnesota to make second-largest US payout over sexual abuse

The Archdiocese of St. Paul and Minneapolis has agreed to establish a $210 million trust fund for 450 victims of clergy sexual abuse, church officials announced Thursday.

The payout is believed to be the second highest by the Catholic church in the U.S …

Original post

More suits filed against Delbarton ifor priest sexual abuse

http://omgili.com/ri/jHIAmI4hxg8081ES3bebblkU_cZMoi643CMFZ_fF8HHyQiZIoAuZIDavVY4.wXU7pC17rNSayBVd5AD_ABdEE3UkQEC.kQNFDiMSsGoBkIjxFE6LOzj2KIrT5JPMgMGqhdTUVj_6T78F6bofQ1gRR3xucweBwqoO82zmVRyJXbtPt3McNQ78wMhvtFAhiSRq6UNwB2Niiy_kEudCToY2Qpf69dlmz9lxThree lawsuits were filed in Superior Court in Morristown on Tuesday, May 29 against St. Mary’s Abbey that runs the Delbarton School and the Order of St. Benedict of New Jersey in Morristown that runs St. Elizabeth of Hungary in Linden involving sexual abuse charges by former students against priests and lay personnel at the two schools.

In all there have been 11 suits filed recently, five involving Delbarton were settled in the past month and a half, according to the attorney for all 11 plaintiffs, Gregory Gianforcaro of Phillipsburg.

The three pending suits filed on May 29 and three other pending suits filed earlier involve both Delbarton and St.

Full story

Vatican denies protecting founder of Peruvian movement accused of abuse

Rome denied claims it had ‘hidden’ Luis Fernando Figari, founder of Sodalitium Christianae Vatican officials have denied protecting the founder of Sodalitium Christianae Vitae, a Peru-based religious movement, who is accused of sexual, physical and psychological abuse of minor and young adult members of the group.

In a communique dated May 25 and released by the Peruvian bishops’ conference on June 1, the Vatican Congregation for Institutes of Consecrated Life and Societies of Apostolic Life said it was responding to claims that it had “hidden” Luis Fernando Figari in Rome and was “protecting him.”

Meanwhile, the Archbishop of Guayaquil, Ecuador, announced that he is awaiting a final ruling from the Vatican Congregation for the Doctrine of the Faith in the case of a priest who is accused of physical and sexual abuse of adolescents while he was affiliated with Sodalitium in that city.

The communique from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life responded to criticism of guidelines issued to Sodalitium more than a year ago in the case of Figari, who founded the movement in 1971.

In January 2017, the congregation informed Sodalitium’s superior general, Alessandro Moroni, that an investigation begun in 2015 determined that Figari had been authoritarian and had committed “acts against the Sixth Commandment,” including at least one case of sexual abuse involving a minor.

At that time, the congregation said that Figari should not be expelled from Sodalitium but should be ordered not to return to Peru except under serious circumstances and with written permission from the movement’s superior general.

Full story

$600K awarded in wrongful incarceration case

Texas mom convicted in foster son’s salt-poisoning death to get nearly $600G for wrongful jailing

ABC News reported that the Texas comptroller told Hannah Overton on Tuesday that she would receive a check for $573,333.33 for wrongful incarceration.

She also is qualified to receive insurance and education benefits, and next year she’ll get an annuity …

Read more

After 23 Years of Wrongful Imprisonment, Not One Dime

How much are 23 years of a person’s life worth?

Nothing, if those years were spent in a Kansas prison after a wrongful conviction.

Last October, Lamonte McIntyre was set free after he was exonerated of the double murder for which he was convicted in 1994.

Read more

Man gets nothing from state after 23-year wrongful imprisonment

The wrongful conviction of a teenager in Kansas has the state attorney reexamining the circumstances leading to his more than two decades in prison.

The case is also turning up possible problems with about a dozen other convictions.

Read more

 

Washington prison guard accused of sexual misconduct with inmate

Washington prison guard accused of sexual misconduct with inmate

A Cowlitz County corrections officer was arrested Wednesday for having sexual contact with a female inmate and giving her marijuana, police said.

The suspect, 50-year-old Kelly Burgin, is being held in the Clark County Jail and will be …

Read more

Lackawanna County takes action and fires 5 prison guards charged with abuse

Five of the six Lackawanna County Prison guards charged with sexually …

Read more

Transgender Woman Seeks Immediate Protection from IDOC Guards

Officers have sexually harassed her, threatened her, and subjected her to verbal and physical abuse.

Prison guards also have made it clear they will not protect her from prisoners who seek to do her harm: on one occasion, guards stood by and allowed a …

Read more

Six Lackawanna County Prison guards fired in wake of sex scandal

Six Lackawanna County Prison guards have been caught up in a sex scandal.

The arrests came after a grand jury investigation looking into the systemic sexual abuse and harassment of female inmates in Lackawanna …

Read more

‘Culture of cover-up:’ Warden forced to retire from prison where whistleblower says teen inmates abused

During her four years as the supervisor of a program for teen inmates jailed at the Clemens Unit in Brazoria, an adult prison, Dominique Mitchell repeatedly alleged abuse and neglect: A mentally ill teenager was taunted by guards who told him to kill himself. Read more

 

UPDATE: Discrimination Lawsuits Around The Country

Ex- Dolphins cheerleader claims virginity, religion discrimination in lawsuit

SARASOTA, Florida
A former Miami Dolphins cheerleader claims she faced discrimination after revealing she is a virgin and devout Christian.

Now she’s filing a discrimination complaint against the NFL with her Sarasota lawyer, Sara Blackwell.

Original story

Harvard admissions discrimination case could go to trial this summer

A lawsuit that claims Harvard caps the number of high achieving Asian-Americans it admits could go to trial in Boston as early as this summer, according to a new filing in the case.

The lawsuit, begun in 2014 by a conservative advocate who has long …

Full report

Fox News Settles Gender Discrimination Lawsuit With Former Reporter Diana Falzone

Fox News has settled a gender discrimination lawsuit brought by former reporter Diana Falzone, her lawyer told TheWrap Friday.

“We resolved Diana Falzone’s case against Fox News and she no longer works there,” said Nancy Erika Smith, who declined to …

Full report

Stores likely to face more lawsuits over ban on under-21 gun sales

But there’s no exception for firearms.

20-year-old sues Dick’s, Walmart over new gun policies “I am confident that Walmart and Dick’s are violating Oregon’s discrimination in public accommodations laws,” said Max Whittington, the lawyer who …

Full report

A woman is suing Whole Foods for racial and pregnancy discrimination, and her story is infuriating

Florida who is suing Whole Foods for discrimination and being unjustly fired.

Moore says she was treated unfairly after her pregnancy and because of her race.

According to the lawsuit, Moore started working at Whole Foods in December 2014.

In November 2016 … Full report

Attorney believes court will side with client in gun age discrimination case

MEDFORD, Ore. — The attorney representing a southern Oregon man in a discrimination lawsuit said he is confident the court will side with his client.

Tyler Watson, 20, filed lawsuits on March 5 against both Dick’s Sporting Goods and Walmart, after store …

Full report

WSU Christian group reinstated after suing for discrimination

“Wayne State’s attempt to tell InterVarsity how to define its faith and select its leaders is anti-religious discrimination,” the lawsuit reads in part.

The lawsuit also states, “Wayne State rightly allows fraternities to have only male leaders, female …

Full report

Michigan Man Sues Dick’s Over Gun Age Restriction Policy

A Michigan man has filed a lawsuit alleging that the decision by Dick’s Sporting Goods to bar sales of all guns to anyone under 21 years of age violates that state’s age discrimination laws.

Full report

Air Canada’s Flight Attendant Union Files Human Rights Complaint, Alleging Sexual, Racial Discrimination

Just this week, two former United Airlines flight attendants were awarded $800,000 in a discrimination suit.

Jennie Stroup and Rubin Lee—who had a combined 71 years at the company—were, despite stellar track records, fired in 2013 for watching a …

Full report

IT Staffing Company Pays $50,000 To Settle EEOC Age Discrimination Suit

Diverse Lynx, LLC, a Princeton, New Jersey-based IT staffing firm with offices in Princeton and Noida, India, will pay $50,000 and will undertake significant remedial measures to settle an age discrimination lawsuit brought by the Equal …

Full report

Albrechta: Federal courts split on sexual orientation discrimination

The court in Zarda’s case ultimately found that Title VII prohibits discrimination on the basis of sexual orientation.

This decision also has a political element.

Under President Barack Obama, the Equal Employment Opportunity Commission issued a ruling …

Full report

UPDATE: Excessive Force Lawsuits Around the Country

Atlantic City police officer facing excessive-force lawsuit

ATLANTIC CITY
A city police officer has found himself embroiled in an excessive-force case that threatens to dig up past abuse allegations and hold the city liable for not checking officers flagged by an early warning system for excessive force.

Full story

 

Colorado Lawsuit Alleges ‘Willfill and Wanton Excessive’ Force Caused Inmate’s Death

A lawsuit filed in Denver on Tuesday alleges that a 41-year-old male was fatally beat in a local jail by its deputies after he reportedly yelled and flipped them off.

Rodney Jaramillo says that deputies at the Pueblo County Jail used “excessive force …

Original post

City of Chico denies allegations in Desmond Phillips lawsuit

The city of Chico has denied allegations in a wrongful death lawsuit filed by the family of Desmond … Alex Fliehr and Jared Cumber denied allegations of negligence and excessive force in Phillips’ shooting death.

The city and the Phillips …

Original post

Appeals court reverses district judge in fatal 2013 W.Va. police-shooting case

reversed Chief U.S. District Judge Gina Groh’s decision to grant summary judgement in favor of the city and remanded the $200 million lawsuit by Jones’ estate … still find that the officers exercised excessive force.”

“Most critically, it is not clear …

Original post

Video shows Cuyahoga County jail guard using excessive force on female inmate

Cuyahoga County released the video hours after a judge ruled in cleveland.com’s favor in a public records lawsuit.

Corporal Brendan Johnson …

The internal investigation found Johnson used excessive force in both incidents, but an arbitrator overturned …

Original post

Judge dismisses federal lawsuit against Jonesborough mayor and others

Last week, the federal court also granted Peace’s request to be given immunity to charges that he made an unlawful arrest, used excessive force and engaged in malicious prosecution.

That portion of the lawsuit was also dismissed by the judge with prejudice.

Original post

Secret NYPD Files: Officers Can Lie And Brutally Beat People — And Still Keep Their Jobs

Their lawsuit against the department is ongoing … such as stealing property, false arrest, or excessive force, can fight the charges.

With little outside scrutiny, some officers told BuzzFeed News the internal trials are merely a “kangaroo court …

Original post

Ex-Ranger Ordered to Pay Judgment for Excessive Force Case

ALBUQUERQUE, N.M.

A federal judge has ordered a former U.S. Forest Service ranger to pay nearly $600,000 to a disabled Army veteran and another camper for violating their civil rights by using excessive force during their 2014 arrests in mountains …

Original post

Ex-inmate sues Erie County over use of force at prison

A federal lawsuit claims that an Erie County Prison inmate suffered … ruptured eye socket and numerous cuts and abrasions” as a result of “excessive force” used by corrections officers at the prison.

“There is a widespread custom and well-settled …

Original post

Schenectady Council to vote on excessive force settlement

SCHENECTADY NY

City Council members will vote on whether to settle an excessive-force lawsuit during the council’s committee meetings on Tuesday.

Independent Councilman Vince Riggi, chair of the council’s Claims Committee, confirmed council members …

Original post

Deaf man paid $175,000 in taxpayer funds to settle claims Oklahoma troopers used excessive force during traffic stop

Pearson, now 68, of Edmond, claimed three troopers “used unnecessary, unprovoked and excessive force” when he was unable to communicate or follow verbal commands, according to the lawsuit.

An Oklahoma City federal judge approved the settlement in January.

Original post

 

A Long, Hard Look at Police Brutality in 2018

Protesters will kneel as Super Bowl, Minnesota and police killing cross paths

http://www.sportingnews.com/nfl/news/super-bowl-protest-police-brutality-take-a-knee-philando-castile-minneapolis-area/a5cmwhl9l7lu1kq62lesq8ots

Protests at the Super Bowl are not unusual — there were plenty in and around NRG Stadium in Houston a year ago. But at least one major demonstration at Super Bowl 52 in Minneapolis was practically destined to take place.

And the odds were going to be high, even higher than last year, that the theme would involve taking a knee. Click for full story

It Is Time to Hold Officials Accountable for Police Brutality

Here’s some hypocrisy:

It’s NOT time to hold city officials in sanctuary cities accountable for not enforcing immigration laws but it IS time to hold city officials accountable for not enforcing laws that prohibit police brutality?

In September 1957, seven members of the Ku Klux Klan abducted Judge Aaron, a Black man living in Birmingham Alabama, before beating, castrating, and drowning him in a creek.

His torture and execution was one of thousands – part of the well-documented …

Click for full story

Police misconduct can come in a lot of forms but one of the cases that are considered criminal in nature is brutality. This can put officers in a bad light, as much as police corruption does, especially since the public expects them to be the protector of society and not be the perpetrator. When these incidents happen, one can expect that a lawsuit is sure to come their way: primarily, due to their abuse of authority and, more importantly, their act of hurting people.

A victim of police brutality can seek the help of lawyers and organizations of concerned citizens who offer various forms of support.

“Driving While Black”: Humor brings light to the tragedy of police brutality

English art historian and writer Horace Walpole once famously said, “The world is a tragedy to those who feel, but a comedy to those who think.”

But it can be argued that no one person is of so singular a mind that they can’t go between feeling and …

Click for full story

Words and Pictures: ‘To Protect & Serve?’ showcases 50 years of police brutality protest posters

Trayvon Martin. Michael Brown. Sandra Bland. Eric Garner. Freddie Gray.

In recent years, alleged police brutality has been at the heart of several high-profile cases both in the news and on social media.

The Black Lives Matter and Hands Up United movements …

Read more on LA Times

Why ‘black-ish’ Tackled Police Brutality

At PaleyFest, Anthony Anderson and Tracee Ellis Ross, discuss why the latest episode of their sitcom ‘black-ish’ got serious, to tackle the issue of police brutality.

Read the MSN report

Viola Davis Debuts Documentary Series On Police Brutality

The series features input from “law enforcement experts and independent observers,” along with appearances from Rep. Maxine Water, Rev. Al Sharpton and Christopher Darden, the co-prosecutor in the O.J. Simpson murder trial.

“Despite the fact that so …

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Grey’s Anatomy Touched on Police Brutality in a Devastating Way

Grey’s Anatomy once again quietly reminded us of current social injustice in tonight’s episode, “Personal Jesus.”

When a young black boy is rushed into the ER, he is accompanied by …

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Netflix Digs Deep Into Police Brutality W/ Regina King’s New “Seven Seconds” Series Trailer

Netflix continues to make it hard to pay for cable with endless original programming.

Next month, Hollywood actress Regina King and the executive producers of “The Killing” officially premiere their new “Seven Seconds” series.

The gripping story …

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LIVESTREAM: Alleged police brutality victim files lawsuit against APD

AUSTIN TX
The Austin Police Department is facing a federal lawsuit alleging a white police officer used a Taser on a black teenager.

Edwards Law did not elaborate on the incident or where or when it happened, but said it would provide more …

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Police fire up to 9 times, killing stopped motorist

A fourth police officer was killed and two suspected snipers were in custody after a protest late Thursday against police brutality in Dallas, authorities said.

One suspect had turned himself in and another who was in a shootout with SWAT officers was also …

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Grey’s Anatomy Takes a Hard Look At ‘The Talk’ Black Parents Have to Give Their Sons About Police Brutality

The character’s name is Eric Sterling, seemingly named after two men who were gunned down by police.

Eric Garner, the New York man who cops put in a banned chokehold in 2014 and ultimately killed and Alton Sterling, who in 2016 was selling CDs outside a …

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No video, no answers in case of teen brutally beaten by police

With police brutality and cold-blooded killing around the country, the situation is forcing us to unify for justice as the Honorable Minister Louis Farrakhan has been advocating, he said.

“Hopefully and prayerfully, they will get justice,” added Mr …

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Man imprisoned 17 years in wrongful conviction gets $817,000

 

Man imprisoned 17 years in wrongful conviction gets $817,000 compensation

http://www.mlive.com/news/grand-rapids/index.ssf/2017/09/man_imprisoned_17_years_in_wro.htmlA judge has awarded $817,000 to a Grand Rapids man who spent 17 years in prison for rape in a wrongful conviction.

Quentin Carter was awarded the funds Wednesday, Sept. 6 during a hearing before Michigan Court of Appeals …

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Opinion: This is outrageous! Do the math; that works out to just $48,079 per year! So…the state of Michigan can wrongfully imprison a person indefinitely and then the only penalty it incurs is to pay them the equivalent of $5.50 per hour that they’re locked up! That’s not even minimum wage! UNBELIEVABLE!

GR man receives $817,351 for wrongful imprisonment

GRAND RAPIDS, Michigan
A man who was wrongfully convicted spent 17 years in prison for a rape he didn’t commit.

Now, Quentin Carter is getting a check for $817,351.

“I’m very happy,” said Carter in court following the ruling Wednesday.

Carter is …

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