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Court: Lawsuit over Arkansas killing by cop may proceed
Topics in Legal News |
2015/08/06 00:18
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A federal appeals court said Thursday the family of a 67-year-old man shot to death after two off-duty police officers entered his Little Rock apartment without a warrant or an invitation can move forward with a lawsuit.
Eugene Ellison died Dec. 9, 2010. His family alleges Officer Donna Lesher and Detective Tabitha McCrillis, working as private security guards, unlawfully entered his home and that Lesher improperly used deadly force following an argument and scuffle.
Prosecutors declined to press charges, saying the officers' attempts to use non-lethal means to subdue Ellison had failed. The women remain on the force.
Thursday's decision by the 8th U.S. Circuit Court of Appeals in St. Louis did not address the merits of the case, only whether the officers could be sued along with the apartment complex that hired them. The three-judge panel said that, at this stage, courts were obligated to consider the case only from the Ellison family's perspective.
The officers have said they noticed through an open door that Ellison's apartment was in disarray and that when they asked if he was OK, Ellison responded with an ambiguous "What does it look like?"
"The apartment was very disheveled. ... The glass-topped coffee table was shattered in an area in front of Mr. Ellison," said Bill Mann, a deputy city attorney for Little Rock. "The manner in which Mr. Ellison spoke led them to be suspicious and wonder if he really was OK."
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Federal report finds bias in St. Louis County family court
Topics in Legal News |
2015/08/01 13:27
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The U.S. Department of Justice released a report critical of the St. Louis County Family Court on Friday, finding that black youths are treated more harshly than whites, and juveniles are often deprived of constitutional rights. Though unrelated to the department's investigation in Ferguson, the new report again raises concern about racial discrimination and profiling in the St. Louis region.
The investigation from the Justice Department's Civil Rights Division was initiated in 2013 amid complaints that black youths were treated unfairly in the family court, which handles about 6,000 youth cases each year. Treatment of African-Americans in the region drew increased scrutiny last year after the fatal shooting of 18-year-old Michael Brown, who was black, by a white police officer in Ferguson. The 60-page report arrived just over a week before the anniversary of Brown's death, Aug. 9.
"In short, black children are subjected to harsher treatment because of their race," Assistant Attorney General Vanita Gupta wrote in a letter to Gov. Jay Nixon, St. Louis County Executive Steve Stenger and Family Court Administrative Judge Thea Sherry. She called the findings "serious and compelling."
Nixon called the report "deeply concerning." Though in St. Louis County, the court is supervised by the Missouri Supreme Court. "All Missourians have a right to a fair and equitable justice system, and our young people are no exception," Nixon said in a statement.
Stenger said he will urge the court "to work with the state of Missouri to fix the glaring problems identified by the Department of Justice."
The report said the Justice Department will seek to resolve complaints through negotiations, though litigation remains possible. Gupta said at a news conference that an initial meeting with family court officials was "cordial and cooperative."
The department is taking a similar tack as after a report released in March alleging racial bias and profiling by police and the municipal court in Ferguson. That report was begun following Brown's death, and negotiations between the DOJ and Ferguson officials are still going on.
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Appeals court upholds parts of Arizona ethnic studies ban
Topics in Legal News |
2015/07/08 15:56
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A federal appeals court on Tuesday kept alive a legal challenge brought by former students who sued Arizona over a ban on ethnic studies in public schools and who will have a new chance to argue the law discriminates against Mexican Americans.
The 9th U.S. Circuit Court of Appeals in San Francisco upheld most of a lower court's decision. But it sent the case back to a federal court in Tucson, where a judge will decide whether the ban was enacted with discriminatory intent in violation of the U.S. Constitution.
Attorneys for the students claimed victory based on the part of the ruling that provides them new opportunity to go before a judge and make their case on a key provision of their argument. A spokesman for the Arizona Attorney General's Office said the agency was still reviewing the ruling and did not have immediate comment.
The law was passed by the Arizona Legislature in the same session that lawmakers enacted the landmark immigration legislation known as SB1070. It shuttered the Tucson Unified School District's popular Mexican-American studies program, sparking protests from students who they benefited from the courses. The majority of students in the district are Hispanic. The program taught them about historic events relating to the Mexican-American experience such as their indigenous roots and the Mexican Revolution.
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Miley Cyrus date barely makes court appearance
Topics in Legal News |
2014/09/22 16:15
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A massively famous celebrity meets a young homeless man in Hollywood and introduces him to an audience of millions. Then, just when it looks like the man is going to triumph, his dark past comes back to haunt him.
As in any Hollywood script, there are two possible endings: The young man can overcome his past, or he can never escape it.
For 45 minutes Tuesday, it appeared Jesse Helt was choosing an unhappy ending.
The young homeless man who accompanied Miley Cyrus to the MTV Video Music Awards arrived 45 minutes late for his arraignment Tuesday on a charge that he violated his probation in Oregon.
Polk County Judge Monte Campbell was ready to wrap up his court hearings for the day, and likely issue an arrest warrant for Helt, when Helt's lawyer announced that he received a text message: His client had arrived.
Helt, 22, gained worldwide attention last month when Cyrus let him accept her award for video of the year, to help raise awareness for youth homelessness. Reporters eager to learn the story behind the sudden celebrity discovered that Helt was wanted in his home state for a probation violation stemming from a 2010 arrest. |
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32 states ask Supreme Court to settle gay marriage
Topics in Legal News |
2014/09/05 14:02
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Thirty-two states that either allow gay marriage or have banned it asked the U.S. Supreme Court on Thursday to settle the issue once and for all.
Fifteen states that allow gay marriage, led by Massachusetts, filed a brief asking the justices to take up three cases from Virginia, Utah and Oklahoma and overturn bans. And 17 other states, led by Colorado, that have banned the practice asked the court to hear cases from Utah and Oklahoma to clear up a "morass" of lawsuits, but didn't urge the court to rule one way or another.
The filing came as a three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago ruled that same-sex marriage bans in Wisconsin and Indiana are unconstitutional. The unanimous decision Thursday criticized the justifications both states gave, several times singling out the argument that marriage between a man and a woman is tradition. There are, the court noted, good and bad traditions.
The experience of Massachusetts — the first state to legalize gay marriage — shows that allowing same-sex couples to wed has only benefited families and strengthened the institution of marriage, said Attorney General Martha Coakley. |
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Priest guilty of killing nun will get funeral Mass
Topics in Legal News |
2014/07/07 14:36
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A Roman Catholic priest convicted of stabbing and strangling a nun 34 years ago in a hospital chapel will receive a funeral Mass, a church official said Saturday.
The Rev. Gerald Robinson remained an ordained priest after his conviction and his services will follow the usual protocol for a diocesan priest's funeral, the Rev. Charles Ritter, administrator for the Diocese of Toledo, said in a statement.
Robinson, 76, died Friday. He had been serving a prison sentence of 15 years to life in what church historians have characterized as the only documented case of a Catholic priest killing a nun. He was arrested 24 years after the nun's death and found guilty in 2006 of stabbing and strangling Sister Margaret Ann Pahl at a Toledo hospital where they both worked.
Robinson had been in a hospice unit since the end of May after suffering a heart attack.
Robinson and Pahl, 71, had worked closely together at the hospital, where he was a chaplain and she was caretaker of the chapel. He presided at her funeral Mass.
Prosecutors blamed the murder on Robinson's simmering anger over Pahl's domineering ways, saying their relationship was strained and that Pahl was upset over the shortening of Good Friday services a day before she was killed. |
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