To regulate leafleting on a municipal library campus, a City Council adopted a Handbill Ordinance restricting leafleting to the front of the library and prohibiting it on vehicles in the parking lot. It also prohibited “offensively coarse” language and gestures and required online reservations to use the “free speech area.” Plaintiffs obtained a preliminary injunction […]
Statute Of Limitations On Federal Habeas Petition Does Not Apply In Face Of A Credible Claim Of Actual Innocence.
Under the Antiterrorism and Effective Death Penalty Act of 1996 [28 U.S.C. §2241, ff.] a federal petition for habeas corpus must generally be filed within one year from the date that direct review becomes final. (Check the statute for certain exceptions.) But in an en banc opinion, the 9th Circuit ruled that where the petitioner […]
May I Speak With NJweedman.com, Please?
Petitioner, who hails from New Jersey, provides marijuana to the sick from a Rastafarian temple and operates a medical marijuana dispensary in Los Angeles. As a cult figure, he is known as NJweedman and operates a website called NJweedman.com. On the site, he calls upon jurists to acquit him on pending criminal charges. He petitioned […]
Warrantless Entry Into Curtilage Of Home Was An Unconstitutional Search.
Plaintiff was standing behind the gate at the entrance to her home when a police officer kicked it down and knocked her unconscious. The officer believed his warrantless entry into the cartilage of plaintiff’s home was justified by his pursuit of a suspect “who had committed at most a misdemeanor offense by failing to stop […]
No Qualified Immunity For Sheriff’s Officers; Question Of Fact Whether Fourth Amendment Violation.
A woman was shot in the jaw by her husband. Paramedics determined she needed to be transported by air ambulance, and had her in an ambulance to take her to the landing zone. A police sergeant at the scene refused to let the ambulance leave immediately because he viewed the area as a crime scene […]
Dismissal Of Age Discrimination/Employment Case Reversed.
The Age Discrimination in Employment Act [ADEA, 29 U.S.C. §621, et seq.] prohibits an employer from discharging an employee who is over forty years of age because of the employee’s age. The district court dismissed a complaint alleging plaintiff was at least forty years old; her performance was satisfactory or better; she received consistently good […]
Abortion Prosecution.
In a small town in Idaho, where abortion facilities are unavailable, an unemployed, unmarried woman with three children, ages 2, 11 and 18, ordered medication for a medication-induced abortion over the internet. The local prosecutor filed a felony complaint against her. The woman faced up to five years in prison. Four months later, the felony […]
Commissioner Runs Against Judge And Loses, Both The Election And Her Job.
A temporary court commissioner challenged a sitting judge in an election and lost. Shortly thereafter, the executive committee of the superior court adopted a policy which rendered the commissioner ineligible to serve as a commissioner. After she lost her job, she brought a civil rights action under 42 U.S.C. §1983 alleging the policy was enacted […]
No Fourth Amendment Violation For Seizing Baby.
A mother took her baby to an emergency room when she had a high fever, was lethargic, not eating properly and looked ill. Doctors were concerned about meningitis. The baby’s mother was “hysterically crying” and refused to give consent for medical personnel to treat the baby. Doctors opined the baby was in imminent danger of […]
No Fourth Amendment Violation For Tasing Suspect To Death.
In a bloody domestic violence situation, police used a taser on a suspect who would not release hold of a child. The suspect went into cardiac arrest and died. The district court granted summary judgment to the officers and the manufacturer. The Ninth Circuit affirmed, stating that courts must balance the nature and quality of […]
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