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Court tosses jury award in Katrina jail lawsuit
Court Line News |
2012/03/14 11:16
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A federal appeals court on Monday threw out a jury's award of more than $650,000 to two Ohio tourists who were arrested in New Orleans on public drunkenness charges two days before Hurricane Katrina's landfall and jailed for more than a month after the storm.
A three-judge panel from the 5th U.S. Circuit Court of Appeals ruled that Orleans Parish Sheriff Marlin Gusman didn't falsely imprison Robie Waganfeald and Paul Kunkel Jr., both of Toledo.
The men's lawyers argued during an October 2010 trial that they were entitled by law to be released within 48 hours unless probable cause was found to keep them in custody. But the 5th Circuit judges concluded the 48-hour rule was suspended because of the 2005 storm.
"The undisputed evidence in this case compels the conclusion that Hurricane Katrina was a bona fide emergency within the meaning of the emergency exception to the 48-hour rule," Judge Jacques Wiener wrote. "Indeed, if Katrina was not an emergency, it is difficult to imagine any set of facts that would fit that description."
Gusman said the court ruling's "speaks eloquently."
"Our priority throughout the days and weeks surrounding Hurricane Katrina was the safe transfer of more than 6,000 inmates in an unprecedented movement that had never been attempted in the history of Orleans Parish or the state of Louisiana," Gusman said in a statement. "All of those inmates arrived at their destinations without a single fatality or serious injury. "
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Ohioan to plead guilty to defrauding fellow Amish
Lawyer Media News |
2012/03/14 11:16
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An Ohio man will plead guilty in federal court to defrauding fellow Amish in 29 states out of nearly $17 million as part of a case the man's church had hoped to shield from publicity and outside involvement, the government said Tuesday.
The attorney for Monroe L. Beachy, 77, owner of A&M Investments in Sugarcreek, filed a recent notice informing federal court of his "intention to plead guilty as charged."
U.S. attorney's spokesman Mike Tobin confirmed the pending guilty plea. Beachy declined to comment Thursday, and his attorney didn't immediately return a message seeking comment.
Beachy is accused in an indictment of promising investors safe securities but moving money to riskier investments. According to the indictment, nearly 2,700 people and entities, including an Amish community loan fund, lost about $16.8 million since 2006.
The investments directed by Beachy "were not the 'safe' investments as reported to his clients or investors," the indictment said.
Beachy, bearded with a shock of white hair, is a member of an Amish church near Sugarcreek.
He is charged with one count of mail fraud, punishable by up to 20 years in prison. Prosecutors stopped short of saying whether Beachy had personally profited or just made bad investments but noted he had made a living for years offering investor services to the Amish. |
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New York Securities Industry Litigation Law Firm
Legal Interview |
2012/03/13 11:16
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Justice Dept opposes Texas voter ID law
Headline Legal News |
2012/03/12 11:53
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The Justice Department's civil rights division on Monday objected to a new photo ID requirement for voters in Texas because many Hispanic voters lack state-issued identification.
Texas follows South Carolina as the second state in recent months to become embroiled in a court battle with the Justice Department over new photo ID requirements for voters.
Photo ID laws have become a point of contention in the 2012 elections. Liberal groups have said the requirements are the product of Republican-controlled state governments and are aimed at disenfranchising people who tend to vote Democratic — African-Americans, Hispanics, people of low-income and college students.
Proponents of such legislation say the measures are aimed at combating voter fraud. But advocacy groups for minorities and the poor dispute that and argue there is no evidence of significant voter fraud.
In regard to Texas, "I cannot conclude that the state has sustained its burden" of showing that the newly enacted law has neither a discriminatory purpose nor effect, Thomas E. Perez, the head of the Justice Department's civil rights division, said in a letter to the Texas secretary of state.
Texas Attorney General Greg Abbot has said the Obama administration is hostile to laws like the one passed last year in Texas.
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Defendant won't testify in US webcam spying trial
Legal News |
2012/03/12 11:52
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A former Rutgers University student accused of using a webcam to spy on his roommate's intimate encounter with another man won't take the witness stand in his own defense, his lawyer told the judge as he rested his case.
The 20-year-old Ravi, who was born in India and came to New Jersey as a young child, is charged with 15 criminal counts, including bias intimidation and invasion of privacy. Bias intimidation is a hate crime punishable by up to 10 years in prison in New Jersey. He also could be deported to India, where he remains a citizen, if he's convicted on any counts.
Prosecutors presented about 20 witnesses over 10 days as they built a case against Ravi. Defense lawyers called nine lawyers in two days.
Ravi's roommate, Tyler Clementi, committed suicide by jumping off the George Washington Bridge in September 2010, just days after the intimate encounter. His death brought widespread attention to the difficulties that can be faced by young gays.
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Afghanistan suspect's base had 2010 killing case
Lawyer Media News |
2012/03/12 11:52
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Joint Base Lewis-McChord is one of the largest military installations in the U.S., and one that has seen its share of controversies and violence in the past few years.
The news that a soldier suspected of killing 16 Afghan villagers Sunday comes from this base about 45 miles south of Seattle hit hard.
"It's another blow to this community," said Spc. Jared Richardson, an engineer, as he stood outside a barbershop near the base. "This is definitely something we don't need."
Home to about 100,000 military and civilian personnel, the base has suffered a spate of suicides among soldiers back from war. The Army is investigating whether doctors at Lewis-McChord's Madigan Army Medical Center were urged to consider the cost of providing benefits when reviewing diagnoses of post-traumatic stress disorder.
Most famously, four Lewis-McChord soldiers were convicted in the deliberate thrill killings of three Afghan civilians in 2010.
The military newspaper Stars and Stripes called it "the most troubled base in the military" that year.
Catherine Caruso, a spokeswoman for Lewis-McChord, said she could not comment on reports that the soldier involved in Sunday's shooting was based there. |
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