A man brought a petition for review of an immigration board’s denial of asylum to the Ninth Circuit Court of Appeals under the Convention Against Torture [CAT] based on his sexual orientation and HIV-positive status. The man testified he was raped and otherwise sexually abused by his uncle, his cousins and a neighbor, and that his abusers referred to him using homophobic slurs, telling him they were abusing him because he was gay.
No Anti-SLAPP Protection For Wrongful Execution Of Warrant.
Plaintiff alleges Sheriff’s deputies unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant which had already been recalled. In the process, she says a deputy made defamatory statements to her neighbors. She brought an action against the County, the Sheriff and the deputies. Defendants moved to strike […]
Racially Profiling Hispanics Again!
The background involves allegations the Maricopa County, Arizona Sheriff Joseph M. Arpaio’s police force has a custom, policy and practice of racially profiling Latino drivers and passengers, and of stopping them pretextually under the auspices of enforcing federal and state immigration-related laws, resulting in longer and more burdensome detentions for Latinos than for non-Latinos in […]
Dog Sniffs Car Stopped For Traffic Violation.
In Illinois v. Caballes (2005) 543 U.S. 405, [125 S.Ct. 834, 160 L.Ed.2d 842], a state trooper stopped a man for speeding. A drug officer heard about the stop over the police radio and went to the location with a drug-sniffing dog. While the man sat in the trooper’s car as the trooper wrote out […]
Blanket Enforcement Of Jessica’s Law Hampers Supervision Of Sex Offenders.
Proposition 83, the Sexual Predator Punishment and Control Act aka Jessica’s Law, was passed by the voters in 2006. Jessica’s Law sought to “prevent sex offenders from living near where our children learn and play” by creating “predator free zones around schools and parks.” Petitioners in the present action are registered sex offenders on parole […]
Directed Verdict In Civil Rights Action Reversed.
More than a dozen Halloween partygoers were swept up and detained by a Sheriff’s SWAT team for up to 14 hours. The party, an annual event with hundreds of costumed attendees, had drawn neighbor complaints over the years. Based on a flyer that advertised a “Casino Room,” at the party, the Sheriff’s department obtained a […]
You Call It Human Rights Abuses; I Call It A Political Question. Let’s Call The Whole Thing Off.
An internal struggle in Colombia has been ongoing since the 1960s involving guerrilla forces trying to overpower the Colombian government. In 1986, oil extraction of one of the largest oil fields in the country began, and the first 110 miles of pipeline ran through especially volatile guerrilla territory. In 2002, because of Colombia’s inability to […]
First Amendment Rights Of Sex Offenders Preserved.
Under California law, sex offenders have long been required to report their address and a current photograph to law enforcement. Apparently to catch up to the 21st century, the Legislature passed a law requiring sex offenders to also report any and all internet identifiers within 24 hours of acquiring such [Californians Against Sexual Exploitation Act; […]
“Guilt Has Very Quick Ears To An Accusation.” Henry Fielding.
After a man was bound over for trial and in police custody, detectives became aware that additional demand-note robberies, perpetrated with the same distinctive modus operandi as those for which the man was being held, had occurred in the same part of Los Angeles. The detectives never disclosed the true state of affairs, and, instead […]
Child Slavery: “Those Who Deny Freedom To Others Deserve It Not For Themselves.” Abraham Lincoln.
Plaintiffs are former child slaves who were forced to harvest cocoa in the Ivory Coast in West Africa, working up to 14 hours a day six days a week with only scraps of food to eat. They filed claims under the Alien Tort Statute [28 U.S.C. §1350] against American companies alleging they aided and abetted […]
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