In an important decision on immunity, the United States Court of Appeal for the Seventh Circuit has ruled that a prosecutor is not protected by immunity for allegedly coercing false testimony that sent a man to death row 17 years ago. Two prosecutors were accused of egregious misconduct: Lawrence Wharrie and David Kelley. The new opinion from the Seventh Circuit is Fields v. Wharrie, 2014 U.S. App. LEXIS 1333. Ironically, I just filed on qualified immunity this week in the ongoing litigation in the Sister Wives case in Utah. We are advancing some of the same arguments, though our case has distinguishable characteristics. However, today we filed the Fields case as new supplemental authority.
We have previously discussed the obscene amount of money — in the hundreds of billions — spent in Afghanistan and Iraq as we cancel or curtail educational, scientific, and environmental programs at home. The sheer waste and corruption in those countries is breathtaking. We can now add a five-year program where we have spent $200 million dollars to teach Afghan soldiers to read but is now considered a total failure — after almost a quarter of a billion dollars. As we discussed earlier, there is again no word of any actual discipline for the people that approved and managed this colossal failure.
Washington has been rocked recently by the news of a high-ranking congressional staff, Jesse Ryan Loskarn, was arrested for possession of child pornography. Loskarn was the long-time director of the office of Sen. Lamar Alexander, R-Tenn. He recently committed suicide by hanging himself. A letter has now been released where Loskarn explains his demise and his shame. In the letter, he refers to abuse as a child but does not identify the culprit. Psychiatrists have long documented the tendency of victims of child abuse to be drawn to child pornography. I was personally involved with such a case of a man with documented such abuse who downloaded such images — a reaction that a respected psychiatrist testified was extremely common. You may or may not believe the final account of Loshkarn but it is a striking letter from a man clearly struggling with the shame of his action.
There are health care nightmares and then there is what happened to Eric Fergusan, 54, in North Carolina. Fergusan was bitten by a snake on the foot while putting out trash last August. He drove himself to the hospital and was given anti-venom medicine that can be purchased online for as low as $750. The bill” $89,227 bill for an 18-hour stay.
Rep. Michael Grimm (R., Staten Island) apparently wanted to unwind after the State of the Union with a little good-old-fashioned Reporter tossing from the Capitol Rotunda. A traditional form of exercise, RT (as it is called) is highly aerobic and involves throwing an adult reporter from a stationary position with no more than three paces before the launch. This is much more difficult than tossing the caber in Scottish game because the journalists tend to be odd sized and flexible. They are the second least aerodynamic of profession (after Sumo wrestlers). There is also the problem of congressional ethics rules and criminal assault concerns. However, if Grimm looked in ill-humor, it was nothing like the mood of voters.
GOP Georgia congressman Paul Broun has a slight variation on Herbert Hoover’s 1928 presidential campaign of “a chicken in every pot and a car in every garage?” Broun would like to add an AR-15 in every home or at least one home. Broun is offering a drawing to his supporters to win an AR-15 to show his unparalleled support for gun ownership.
HSBC customers are understandably confused in England after they went to the bank to withdraw their money only to be told that any large withdrawals would require disclosure of why they needed it and the agreement of the bank. That’s right, you need to show the bank why you need your money and the bank has been saying no to customers, according to the report below.
We recently had a vigorous debate on this blog over the academic boycott of Israel that appears to be gaining steam despite threats from politicians about retaliation. Now the boycott movement will be placed front and center in the Superbowl with a controversy over a commercial by actress Scarlett Johansson who is being paid to be the new face for SodaStream International Ltd., an Israeli company that operates a factory in the West Bank settlement of Maale Adumim. Johansson has been denounced for her work on behalf of the Israeli company and now Oxfam International is considering dropping her as an ambassador for its global work against hunger and poverty. Advocates insist that the town is actually fairly secular and supplies jobs for Jews and non-Jews. Both sides will have a chance to be heard given our past experience with controversial Superbowl ads. This is the ultimate prime time exposure for the company but the debate is not likely to be over the savings of carbonating your own drinks. Update: Fox has banned the commercial but not over the international law objections but because the commercial takes digs at Pepsi and Coke (two bigger advertisers). It is not clear if the commercial will be reworked to drop the references and resubmitted. Ironically, the company may have triggered a new boycott debate and not even make it to Superbowl audience.
We previously discussed the case of Max Mosley, the ex-Formula One boss, who became infamous on the Internet after the posting of a video showing him in a sadomasochistic orgy. The story broke in the now defunct News of the World tabloid and reported the scene as a five-hour orgy with five prostitutes dressed as Nazi guards — a particularly embarrassing performance given the fact that Mosley’s father, Oswald, was the pre-war leader of Britain’s fascist “blackshirts” and even invited Adolf Hitler to his wedding. Mosley, 73, prevailed in a court action in showing that the party did not have a Nazi theme and that his privacy was violated. Now he is continuing what can only be described as a scorched Earth campaign against everyone who has carried the photos and announced a new lawsuit against Google. In a move that raises concerns over the censorship of the Internet, German court ordered the Internet giant to block photos of him at his sadomasochistic orgy.
Norfolk County Agricultural High School teacher Marc Mertz has been arrested in a rather bizarre case where he was seen walking around his driveway wearing only a ski cap and googles. What is most interesting about the story is that this is not the first exposure allegations that Mertz has faced.
Continue reading “Massachusetts Teacher Charged With Indecent Exposure After Incident With Mailbox”
An Italian manager, Roberto Cassago, is a tad embarrassed after an accident that would befit Mr. Bean. He is facing repair costs to an 18th Century Italian painting after he blew a hole through the canvas with the cork of a bottle of sparkling wine. Fittingly enough, it was a painting depicting a battle with knights and their chargers but the addition of the cork missile to the battle scene was a historical as well as an artistic invasion.
Continue reading “Italian Manager Blows Hole Through 18th Century Painting With Wine Cork”
The Chinese government has continued its crackdown on environmental and social activists this month with the shocking sentence handed down for Xu Zhiyong, a former law professor who simply campaigned for the right of children in rural areas to be educated in cities and not barred from equal opportunity.
In a devastating reversal for environmentalists, Canada’s Yukon Territory announced last week that it has decided to reverse an earlier promise to protect undeveloped Yukon territory. The reversal came after mining interests reportedly financed the Yukon Party, which came into power in the last election. The earlier plan with indigenous and environmental leaders would have protected 80 percent of the area known as the Peel watershed region which features some of Canada’s highest peaks and greatest glaciers as well as breathtaking tundra and forests.
We have an interesting defamation case out of California where Courtney Love was found not guilty of an allegedly defamatory tweet directed against her former attorney Rhonda Holmes. The increase in social media and Twitter has led to new challenges under defamation law that we have been following. Such “twibel” cases are still evolving in terms of the standards and potential liability. In this case, Love had sent a tweet reading “I was f***ing devestated [sic] when Rhonda J. Holmes esq. of san diego was bought off.”
Continue reading “Twibel: Courtney Love Cleared of Alleged Defamatory Tweet”
There is a troubling case out of Sabine Parish, Louisiana which, according to a Buddhist family, acted more like a real parish than a public school district. A Buddhist family sued Sabine Parish School Board for violating their right to religious freedom with the help of the American Civil Liberties Union. If the allegations are true, the district is engaging in astonishing levels of entanglement with religion in one of the most extreme violations of constitutional law in decades.
Continue reading “Louisiana Parish Sued For Indoctrination Of Religion By Buddhist Family”