Category: Constitutional Law

New York Settles Mass Arrest Case — Drops Charges

232px-NYPD_BadgeThere is a mass arrest story. As has been discussed earlier, we have an ongoing arrest case in Washington, D.C., here. In May 2007 police arrested dozens of young people who police alleged were basically rioting through the streets. The students insisted that they were on their way to a funeral for a murdered friend. Now, there has been a settlement of the case with all charges dropped and the payment of damages.

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Brooklyn “Doctor” Wins Bail — Just $11 Million in Cash

180px-Prison_cellMichail Sorodsky, a Brooklyn man accused of practicing medicine without a license and abusing patients under anesthesia, has won bail — sort of. The court set bail at either $11 million cash or $33 million bail bond. The constitutional question is whether an $11 million bail is the same as a denial of bond.

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Shock Video: Officers Beat DUI Suspect in Cell — and Later Cleared in Internal Investigation

An Illinois sheriff this week is seeking to reverse a board decision reinstating three officers in Tazewell county, Illinois despite this shocking video tape. On the video, Sergeant Richard Johnston, and correctional officers Jeffery Bieber and Justin Piro are shown beating Becky Behm after she was arrested on a charge of driving under the influence of alcohol October 17, 2008.

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Pastor Prays for President Obama’s Death on Eve of His Visit to Arizona

steve.htmlPastor Steven Anderson has used his position at Faithful World Baptist Church, in Tempe, Arizona to bring just a little more hate into the world. Pastor Anderson is praying for the death of President Obama and an eternity in hell.

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Cincinnati Police Officer Suspended After Tasering Woman on Her Knees With Her Hands in the Air

20540935_480X200Cincinnati Police Officer Anthony Plummer is accused of tasering the wrong person in the wrong way. First, he allegedly tasered a woman who was on her knees with her hands in the air. Second, it turned out to be Celeste Thomas, 26, daughter of City Councilman Cecil Thomas, a former police officer who heads the council’s law and safety committee.
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D.C. Attorney General’s Declaration in Protest Case Challenged by Council Members and Lawyers

nickles2resizeThe controversy continues over the District’s alleged destruction of evidence and withholding of documents in the World Bank protest case. The case deals with the mass arrests conducted without probable cause during the World Bank/IMF protests of 2002. Under orders from Judge Sullivan, D.C. Attorney General Peter Nickles filed a declaration explaining his actions and that of his staff. It has now been challenged by members of the city council and the litigants.
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Florida Parents Protest Ban on Students Wearing “Islam is of the Devil” T-Shirts

islamisofthedevilParents of the Dove World Outreach Center recently sent their children to local public schools with their own messages of faith: t-shirts that read “ISLAM IS OF THE DEVIL.” They then protested after school officials sent their children home and are threatening possible legal action. Parent Wayne Sapp insists the problem is runaway tolerance. The rise of the Sapps and others lacks either a constitutional or moral basis for objection to the school policy.

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Detroit Muslim Woman Sues After Being Told To Remove Hijab in Court

250px-Kalkan_market_2Raneen Albaghdady, a Muslim in Detroit, is suing ayne Circuit Judge J. William Callahan who told her to remove her hijab or scarf in his courtroom (like the one shown to the left of a different woman). She alleges denial of her freedom of religion as well as denial of access to the courts. She is also suing Wayne County.
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Obama Administration Loses Bid to Keep Secret the Recipients of $2 Trillion in Stimulus Money

180px-Preska225px-official_portrait_of_barack_obamaFor months, many Democrats and civil libertarians have complained about the disconnect between what President Obama says and what he does as President. One area of the greatest criticism has been the effort of the Obama Administration to block public review of embarrassing pictures, White House logs, controversial memoranda, or disclosure of governmental actions — despite his promise to guarantee transparency in government. One such person who appears to have lost patience with the Administration is Chief U.S. District Judge Loretta Preska. Judge Preska has rejected efforts by the Obama Administration to withhold information on who received $2 trillion dollars in bailout funds. The Obama administration argued that the public has no right to know such information. Given today’s news that the federal debt level will be reach $9 trillion, many people would like to look a bit closer at what Congress and the White House has been doing with the public fisc.
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Report: Justice Department To Re-Open Nearly a Dozen Prisoner-Abuse Cases

holdererictorture -abu ghraibThe Justice Department appears close to re-opening nearly a dozen prisoner abuse cases that were all but buried by the Bush Administration. The move comes after a recommendation of the Justice Department’s Office of Professional Responsibility. The Obama Administration, however, is still blocking any investigation into war crimes and the torture program. I discussed the appointment of Mr. Durham in <a href="“>this segment of Countdown.

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Taliban Cut Off Fingers of Women Voting in National Elections

250px-Election-2004The Taliban has made good on its horrific promise to cut off the fingers of people with the tell-tale dye stains on their fingers after voting in the national elections. This does not surprise me about these extremists who believe any atrocity in the name of Allah is permitted. What astonishes me is that the Afghan government continues to use the dye technique when it allows for such retaliation.
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How Can It Be [Legally] Wrong When It Feels So Right: Sen. John Ensign Defends Affair as Not “Legally Wrong”

200px-Sen_John_Ensign_official(2)225px-Bill_ClintonThis week Sen. John Ensign announced that he would remain in the Senate and insisted that he had not “done anything legally wrong.” He also rejected analogies to Bill Clinton, who he voted to convict in his Senate trial.
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Justice Denied: Seventh Circuit Rejects Challenge to Gun Registration Law

200px-Diane_Wood_in_2008.JPGThe Seventh Circuit continues to push the envelope on the recently recognized individual right to bear arms. In an interesting opinion by Judge Diana Wood, a three-judge panel ruled that the town of Cicero could still require gun registration without violating the Second Amendment. In the meantime, litigation is being planned over the Montana law claiming that guns in the state are exempt from federal jurisdiction and enforcement. Cicero businessman John Justice brought the challenge.
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Nutter Threatens to Shutdown Court System and Cut Police Force

225px-Michael_NutterAs we continue to pour money into the wars in Iraq and Afghanistan, cities are continuing to shutdown for lack of money (here). The latest such story comes from Philadelphia where officials are facing a shutdown of the entire court system due to budget shortfalls. Mayor Michael Nutter is also threatening the cutting of 1000 police officers and 200 firefighters.

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