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#526

Post by Tiredretiredlawyer »

https://www.reuters.com/legal/litigatio ... 022-10-21/

The case is Planned Parenthood Federation v. Center for Medical Progress, 9th U.S. Circuit Court of Appeals, No. 20-16068.
Abortion foes largely lose $2.4 mln appeal over Planned Parenthood videos

Anti-abortion group Center for Medical Progress, its founder David Daleiden and others on Friday lost most of their challenge to a $2.4 million judgment entered against them after a jury found they broke the law by secretly recording Planned Parenthood employees.

A unanimous panel of the 9th U.S. Circuit Court of Appeals rejected the defendants' argument that their scheme, which involved creating a fake company and fake identities to infiltrate Planned Parenthood conferences and secretly record employees, was journalism protected by the First Amendment of the U.S. Constitution.

Circuit Judge Ronald Gould wrote that the right to free speech cannot shield illegal conduct, such as forging signatures or breaking contracts. He said the decision did not impose any restrictions on journalistic speech but simply reaffirmed "the established principle that the pursuit of journalism does not give a license to break laws of general applicability."

The panel did overturn one part of the jury's verdict, which found that the defendants violated the Federal Wiretap Act by secretly recording their conversations with Planned Parenthood employees, writing that the law generally allows recording by a party to a conversation. That part of the verdict accounted for less than $100,000 in damages.
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#527

Post by raison de arizona »

Snowflakes. And I’ve spent some time in frog lick toad suck whatever it is Conway, home of school bus building and… tech giant big brother Acxiom. Interesting country.
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#528

Post by sugar magnolia »

Tiredretiredlawyer wrote: Sat Oct 29, 2022 1:02 pm https://www.reuters.com/legal/litigatio ... 022-10-21/


The panel did overturn one part of the jury's verdict, which found that the defendants violated the Federal Wiretap Act by secretly recording their conversations with Planned Parenthood employees, writing that the law generally allows recording by a party to a conversation.
Federal law? State law? Only in one-party states?
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#529

Post by Suranis »

Even I know that some states are "dual consent to record" states, and others are "one party consent to record" states. So it varies. I assume wherever they recorded this was a "one party consent to record" state.
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#530

Post by Tiredretiredlawyer »

I think Federal Law allows recording by one party and this was a federal case.
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#531

Post by Dr. Caligari »

Tiredretiredlawyer wrote: Sat Oct 29, 2022 6:29 pm I think Federal Law allows recording by one party and this was a federal case.
The case was in federal court, but it was governed by state law, specifically California law. (Why state law is sometimes applied in federal courts is complicated, so I won't get into it unless someone asks.)

California is an "all-parties" state, meaning every party to the conversation must consent.
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#532

Post by Maybenaut »

There’s a link to the opinion in the article. It said under federal law one party consent applies, and for the purposes of the Federal Wiretapping Act, a one-party recording is OK unless the recording was done for a tortious purpose independent of the recording, and Planned Parenthood couldn’t show that. There was no discussion of State law.
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#533

Post by sugar magnolia »

Curious how that might apply to the threatened lawsuit against the person who recorded the LA City Council.
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#534

Post by RVInit »

Elizabeth Holmes (Theranos) just happened to get pregnant exactly nine months before her trial started. Jurors got to hear all about th e"new mother" while she was onhe witness stand, bamboozling them just as she bamboozled investors and Walgreens management.

Her sentencing isscheduled for November, and, sure enough, she showed up in court this week clearly pregnant.

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#535

Post by W. Kevin Vicklund »

The Chicago defense
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#536

Post by Slim Cognito »

It worked for Anne Bonney and Mary Read.
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#537

Post by RTH10260 »

Mobster and drug gang killer ordered released by federal judge: ‘I am letting two murderers sentenced to life out of prison’

John Annese, New York Daily News
Thu, November 3, 2022 at 1:15 AM·4 min read

Two convicted killers — including mob capo Anthony Russo, who ordered murders during the bloody Colombo crime family civil war — are being released from prison by a federal judge.

Russo and Paul Moore, a drug trafficker who fatally shot a rival, were given reduced sentences Wednesday by Judge Frederic Block under the First Step Act.

The felons applied for compassionate release under the criminal justice reform bill, which was signed into law by Donald Trump in 2018.

Block noted that Russo and Moore were model prisoners, and that they were punished with life sentences for exercising their right to trial.

“I am letting two murderers sentenced to life out of prison,” Block wrote Wednesday. “But I have painstakingly endeavored to explain why it is the appropriate thing to do under the First Step Act.”

The two men won’t be sprung immediately, but Block cut both their prison terms to 35 years.

That means Russo, 70, still owes six years of his sentence, while Moore, 56, has about three years to go, though both could potentially get credit for good time.



https://www.yahoo.com/news/mobster-drug ... 00760.html
(original Daily News)
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#538

Post by Ben-Prime »

RTH10260 wrote: Thu Nov 03, 2022 7:45 pm
Block noted that Russo and Moore were model prisoners, and that they were punished with life sentences for exercising their right to trial.

“I am letting two murderers sentenced to life out of prison,” Block wrote Wednesday. “But I have painstakingly endeavored to explain why it is the appropriate thing to do under the First Step Act.”
I am torn. I am for prison reform, in general, but these are not the poster children. This is not like the actual defense of criminals at trial, where even the worst deserve the justice of competent representation and a fair process.

I think the judge's capsule argument is -- purely on a rhetorical and philosophical level that even my IANAL ass can see -- pure :shit: on this one.

These dudes weren't punished for going to trial; the folks that pled out were rewarded for sparing the state the spending of resources to try them.
But the sunshine aye shall light the sky,
As round and round we run;
And the truth shall ever come uppermost,
And justice shall be done.

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#539

Post by RTH10260 »

Former Santa Clara Co. sheriff found guilty of all counts in corruption, misconduct trial

ByZach Fuentes and Amanda del Castillo via KGO logo
Friday, November 4, 2022 8:03AM

SAN JOSE, Calif. (KGO) -- Former Santa Clara County Sheriff Laurie Smith has been found guilty on all six corruption and misconduct counts in her civil corruption trial.

She resigned as sheriff on Monday, days before the jury's decision on Thursday.

:snippity:

Smith was accused of providing concealed carry weapons permits in exchange for political donations or other favors. Accusations were brought by the Santa Clara County Civil Grand Jury in 2021.




https://abc7news.com/santa-clara-county ... /12413963/
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#540

Post by RTH10260 »

Family: $7M wrongful police taser settlement came after Idaho Springs man had 'best life ripped away'

BY SPENCER WILSON
NOVEMBER 2, 2022 / 11:59 PM / CBS COLORADO

Idaho Springs police have agreed to a multi-million dollar settlement with a 75-year-old man who was wrongfully tasered by police in May of 2021. Michael Clark will reportedly receive a record-breaking payout.

Clark has agreed to settle his claim for $7 million.

"A settlement like this doesn't happen unless things get really bad," Clark's attorney Sarah Schielke said. "And get quite bad they did."

Clark was unexpectedly and wrongfully shot with a taser on May 30, 2021, by Idaho Springs Police Officer Nicholas Hanning. The taser deployment caused a chain reaction of medical issues with Clark including a heart attack, stroke and several seizures.

Aside from his physical health, Clark also experienced financial difficulties as a result of the response, many of which were associated with extended hospital stays and now includes a 24-7 caretaker.



https://www.cbsnews.com/colorado/news/m ... ettlement/


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#541

Post by RVInit »

So, this is the new “he went for my gun” I guess.
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#542

Post by RTH10260 »

Man Arrested on Faulty Warrant Beaten to Death in San Diego Jail Hours Before Release: Lawsuit[
Dominique McCoy was arrested for a probation violation, though his probation was terminated nearly two months prior, the lawsuit claims

By City News Service •
Published November 7, 2022 • Updated on November 7, 2022 at 5:14 pm

The family of a man who was beaten to death by another inmate last year at the San Diego Central Jail has filed a federal lawsuit against the county and its sheriff and probation departments.

Relatives of 38-year-old Dominique McCoy allege he was arrested due to a wrongfully issued warrant, then after the error was discovered, he was killed by another inmate hours before he was set to be released.

The lawsuit filed Friday states McCoy was arrested for a probation violation, though his probation was terminated nearly two months prior.

Despite the erroneous warrant, McCoy was arrested on Dec. 23 and remained behind bars for nearly a week before a judge ruled that the arrest was made in error and ordered his release, the lawsuit states.

Just before his expected release, the lawsuit states, another inmate, John Roman Medina, was placed in McCoy's cell and killed him on Dec. 29, 2021. Medina, 18, is charged with McCoy's murder and remains in custody.

The suit states that Medina, who had been recently arrested for felony animal abuse, assault with a deadly weapon and violence against a child, should not have been placed with a prisoner like McCoy, who did not have a history of violent offenses.

"Defendants did nothing to stop this violent attack and allowed Medina to murder McCoy hours before he was to be released after being arrested only on the basis of a warrant that the judge confirmed never should have been issued," the lawsuit states.





https://www.nbcsandiego.com/news/local/ ... t/3091484/
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#543

Post by Tiredretiredlawyer »

https://www.msn.com/en-us/news/politics ... r-AA13YdPW
D.C. attorney general sues Daniel Snyder, Commanders, NFL

In the culmination of an investigation that began more than a year ago, the office of D.C. Attorney General Karl A. Racine (D) said Thursday that it filed a consumer protection lawsuit against the Washington Commanders, franchise owner Daniel Snyder, the NFL and Commissioner Roger Goodell, accusing them of colluding to deceive and mislead customers about an investigation of the team’s workplace to maintain its fan base in pursuit of revenue.

“For years, the team and its owner have caused very real and very serious harm and then lied about it to dodge accountability and to continue to rake in profits,” Racine said at a news conference. “So far, they seem to have gotten away with it. But that stops today.”

The lawsuit was filed in the civil division of D.C. Superior Court. It alleges the team and league violated D.C.’s Consumer Protection Procedures Act with “public misrepresentations, omissions, and ambiguities of material fact.” Racine’s office said it is seeking “financial penalties under the CPPA for every incident in which the Commanders, Mr. Snyder, the NFL, and Commissioner Goodell lied to District residents dating back to July 2020,” adding that the defendants “could face millions of dollars in penalties.”

“Faced with public outrage over detailed and widespread allegations of sexual misconduct and a persistently hostile work environment at the Team, Defendants made a series of public statements to convince District consumers that this dysfunctional and misogynistic conduct was limited and that they were fully cooperating with an independent investigation,” the lawsuit says. “These statements were false and calculated to mislead consumers so they would continue to support the Team financially without thinking that they were supporting such misconduct.”
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#544

Post by Tiredretiredlawyer »

https://ij.org/press-release/lawsuit-ch ... e-forward/
Lawsuit Challenging Meridian’s Ban on Tiny Homes Will Move Forward
Court Allows Challenge to Move Forward, But Meridian Woman Left Homeless While Lawsuit Proceeds


BOISE, Idaho—Today, Judge Jason D. Scott of the District Court of Ada County ruled that Chasidy Decker’s lawsuit challenging Meridian’s ban on tiny homes on wheels could move forward. However, the court denied Chasidy’s motion for emergency relief that would have allowed her to live in her home while the lawsuit proceeds. Chasidy is represented by the Institute for Justice (IJ) in her challenge against the city’s ban.

Chasidy Decker is a native of the Treasure Valley who was priced out of the skyrocketing traditional Boise real estate market. But she found a way to continue living in the area she calls home: she bought a beautiful tiny home she arranged to park on Meridian homeowner Robert Calacal’s private property for modest rent. Although Chasidy and Robert were both happy with the arrangement, the city was not. Meridian Code Enforcement threatened Chasidy and Robert with fines and jail time if she didn’t leave her only home. Chasidy and Robert filed a lawsuit in August challenging the city’s irrational and arbitrary ban on tiny homes on wheels for violating the Idaho Constitution.

The Idaho Constitution requires all laws to have a legitimate government interest. But Meridian’s ban has none—Chasidy’s home is perfectly safe, which Meridian conceded when they encouraged her to move it to an RV park to live in. The city also can’t argue that her home would somehow affect the appearance of the neighborhood, since it’s perfectly legal to keep her tiny home where it’s parked—she just can’t live in it. Chasidy’s tiny home also fits right into her neighborhood, which has many RVs and trailers—over a dozen of which appear to be being lived in within just 1,500 feet of Chasidy’s tiny home. The lawsuit brought five claims for why the City’s ban on tiny homes and her home specifically was unconstitutional. The court allowed four of the five claims to go forward.

Chasidy’s lawsuit also brings a free speech claim regarding retaliation by the Meridian Code Enforcement Office. Chasidy claims that after the Idaho Statesman covered her story, which painted one code enforcer in an unflattering light, that code enforcement officer later cited Chasidy and Robert for alleged parking violations to retaliate against them for the press coverage. The judge allowed the free speech claim to go forward.
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#545

Post by RTH10260 »

may fit best here, though no law suit


video fresh


article 2yr ago
After he shot and killed an unarmed teen driver, a Kansas police officer was paid a $70,000 severance
Clayton Jenison fired 13 times into the van driven by John Albers. A prosecutor ruled it justifiable.

By Tom Jackman
July 3, 2020 at 1:03 p.m. EDT

About six weeks after an Overland Park, Kan., police officer fired 13 shots into a minivan driven by an unarmed 17-year-old in 2018, killing him, the city paid the officer $70,000 in a severance agreement, the teen’s mother recently discovered.

The killing of John Albers by Clayton Jenison, in the driveway of Albers’s family home in a suburb of Kansas City, was captured by two police dash cameras and a Ring home security camera across the street. Jenison claimed that he thought Albers, whose friends called police because they believed he was suicidal, was going to run him over, though the videos showed Jenison was never in the van’s path. It was not clear, until the shooting started, that Albers ever knew Jenison was outside the family’s home in the prosperous suburb of Johnson County, Kan.





https://www.washingtonpost.com/crime-la ... severance/
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#546

Post by RTH10260 »

from earlier this year
Californian sues to block DOJ’s unconstitutional sex offender registration requirements

May 24, 2022

Los Angeles; May 24, 2022: Yesterday, a California man filed suit against the Department of Justice and Attorney General Merrick Garland for the department’s unlawful rule requiring him to register as a sex offender, despite having had his decades-old conviction expunged.

“Congress cannot delegate to the Attorney General the authority to write the same criminal law he is charged with prosecuting. This is a textbook violation of non-delegation, the idea that Congress cannot delegate its lawmaking power to the executive branch,” said Pacific Legal Foundation attorney Caleb Kruckenberg. “If Congress wants to make these laws, it should take responsibility and not pass the buck to the Department of Justice.”

When he was 23 years old, John Doe* had a sexual encounter with a 16-year-old girl that, while not sexual intercourse, broke California law. He pled guilty to a misdemeanor and was sentenced to three years’ probation and was required to register as a sex offender. In the years that followed, John reformed his life. He married, had children, became a successful businessman, and contributed to his community. In 2012, the State of California expunged his record and issued him a “Certificate of Rehabilitation.”

In the eyes of the State of California, John is not guilty of any crime and is not required—or even permitted—to register as a sex offender. But the Department of Justice has put John in a Catch-22: The DOJ insists that he register, even though his conviction has been expunged and California offers no mechanism for him to register. If he doesn’t register, however, the DOJ presumes he is a guilty of a federal crime and can prosecute him at any time.

The case is John Doe et al. v. U.S. Dept. Of Justice et al., filed in U.S. District Court for the Central District of California. PLF represents John Doe and the Alliance for Constitutional Sex Offense Laws (ACSOL) free of charge.





https://pacificlegal.org/press-release/ ... uirements/
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#547

Post by Tiredretiredlawyer »

https://www.forbes.com/sites/carlieport ... ettlement/
Gabby Petito: Brian Laundrie’s Estate Must Pay $3 Million In Wrongful Death Settlement

Petito’s parents, Joseph Petito and Nichole Schmidt, filed the lawsuit in May, asking for monetary compensation over the wrongful death of their 22-year-old daughter, saying that along with burial and funeral expenses, the parents had “suffered a loss of care and comfort” and Petito’s future companionship, according to the lawsuit.

The lawyer representing Petito’s family, Patrick J. Reilly, noted in a statement to Forbes that Laundrie did not have $3 million before he died, and that it’s an “arbitrary number.”

Whatever money can be awarded will go toward the Gabby Petito Foundation, which Petito’s family started in her name to support organizations that work with missing persons cases and domestic violence situations.

Reilly noted this settlement will not affect a separate lawsuit filed in March against Laundrie’s parents, Christopher and Roberta Laundrie, by Petito’s parents, who claim the Laundries knew he had murdered Petito and were attempting to help him flee as investigators searched for Petito.
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#548

Post by Tiredretiredlawyer »

https://www.cbsnews.com/news/todd-julie ... ction/#app
Todd and Julie Chrisley should each be sentenced to more than 10 years in prison, prosecutors say

Reality television stars Todd and Julie Chrisley could be sentenced to more than a decade in prison after being convicted of fraud and tax evasion earlier this year. In a sentencing memorandum, federal prosecutors suggested Todd Chrisley receive 17 1/2 to nearly 22 years in prison, and Julie Chrisley be sentenced to 10 to 12 1/2 years in prison.

Prosecutors argued that the Chrisleys deserve a more severe sentence because evidence shows many of their crimes were more severe than previously believed. They said the couple "engaged in a lengthy conspiracy to defraud community banks out of tens of millions of dollars."

"A message must be sent to the Chrisleys and others that tax evasion is a serious offense, and that wealthy tax cheats who use personal companies to avoid paying taxes will face a substantial prison sentence," the prosecutors said. "Finally, Todd and Julie Chrisley's arrogance merits special consideration."

"In 2013, while Todd was in the midst of bankruptcy proceedings, the Chrisleys filmed a promotional video for their new reality show about their extravagant lifestyle. In the video, Todd boasted that he 'makes millions of dollars a year,' and in another shot where he is standing in his walkin closet in his expansive house, he bragged that 'in a year, we probably spend over $300,000, sometimes more, just on clothing.'"
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#549

Post by Tiredretiredlawyer »

https://www.huffpost.com/entry/desantis ... ce046cce92
District Court Judge Blocks Ron DeSantis' 'Positively Dystopian' Stop WOKE Act
The ruling assailed DeSantis and Florida Republicans for trying to “muzzle its university professors … and cast us all into the dark.”


Declaring it a “positively dystopian” assault on free speech, a district court judge blocked enforcement of provisions of a Florida law banning state university professors from expressing certain opinions on topics related racism, sexism and other forms of discrimination in their classes on Thursday.

The decision means that the leadership of Florida’s state university system cannot punish professors or instructors for violating the prohibition on the expression of eight viewpoints enacted by GOP Gov. Ron DeSantis and state legislative Republicans under the Individual Freedom Act of 2022.

In a blistering opinion that opens by quoting George Orwell’s classic anti-totalitarian novel “1984,” Judge Mark Walter, appointed by President Barack Obama, ruled that the law violated the First Amendment right of freedom of speech of both professors and students and the Fourteenth Amendment by being unconstitutionally vague.

“In this case, the State of Florida lays the cornerstone of its own Ministry of Truth under the guise of the Individual Freedom Act, declaring which viewpoints shall be orthodox and which shall be verboten in its university classrooms,” Walker wrote.

“[T]he First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark,” Walker concluded.

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#550

Post by MN-Skeptic »

RVInit wrote: Sun Oct 30, 2022 9:48 am Elizabeth Holmes (Theranos) just happened to get pregnant exactly nine months before her trial started. Jurors got to hear all about th e"new mother" while she was onhe witness stand, bamboozling them just as she bamboozled investors and Walgreens management.

Her sentencing isscheduled for November, and, sure enough, she showed up in court this week clearly pregnant.
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