Fourth Amendment

Afternoon Briefs: DC protesters sue over park ouster; 21 federal courthouses damaged

DC protesters sue over their ouster from Lafayette Square Protesters and Black Lives Matter D.C. allege in a lawsuit that their ouster from Lafayette Square on June 1 violated their First Amendment rights to free speech and assembly and their Fourth Amendment right of freedom from unreasonable search and seizure.…

Jun 5, 2020 2:38 PM CDT

Death of George Floyd brings debate on qualified immunity for police misconduct

George Floyd’s death by a Minneapolis police officer has raised debate on qualified immunity for police misconduct. The doctrine allows police to escape civil liability for violating a person’s rights under Section 1983 of the Civil Rights Act.

Jun 2, 2020 11:18 AM CDT

Do police drones foster trust or threaten civil rights and privacy?

Police say unmanned aerial systems can build trust in the community by deescalating incidents. Critics warn, however, that drones sow fear and distrust.

Jun 1, 2020 1:15 AM CDT

Afternoon Briefs: 10th Circuit strikes down voter ID law; social distancing could mean long elevator lines

10th Circuit strikes down Kansas voter ID law The 10th U.S. Circuit Court of Appeals at Denver has struck down a Kansas law that required a birth certificate or other proof of citizenship to register to vote. The 10th Circuit ruled Wednesday that the Kansas law violates the equal protection…

Apr 30, 2020 4:23 PM CDT

3rd Circuit revives judge’s claims against court officials over seized tape recorder, harassment

A New Jersey superior court judge can sue her assignment judge and other court officials for alleged constitutional and statutory violations, a federal appeals court ruled Monday.

Apr 28, 2020 12:36 PM CDT

Pandemic power plays: Civil liberties in the time of COVID-19

The power to respond to a public health crisis exists in the U.S. Constitution, state constitutions, regulations and case law. But the way they fit together is not always clear, especially in the wake of a modern-day global crisis.

Apr 21, 2020 8:00 AM CDT

COVID-19 checkpoints at state and local borders bring lawsuit, ACLU warning

Some states and local communities are instituting checkpoints at their borders, either to warn drivers that they must quarantine or to keep out nonresidents. The checkpoints are raising constitutional questions.

Apr 16, 2020 11:47 AM CDT

Judge allows suit alleging another judge ordered drug testing of courtroom observers

Judicial immunity does not completely protect a Missouri judge in a lawsuit accusing him of jailing and drug testing three courtroom observers, a federal judge has ruled.

Apr 13, 2020 5:05 PM CDT

SCOTUS rules traffic stop justified after check showed truck owner had revoked license

The U.S. Supreme Court ruled Monday that an officer had reasonable suspicion to make a traffic stop after a registration check showed the owner had a revoked driver’s license.

Apr 6, 2020 10:23 AM CDT

As exposed health care workers seek legal remedies, who’s liable for lack of personal protective equipment?

Doctors and nurses across the country are asking about legal remedies they may have because of exposure to COVID-19 and a lack of personal protective equipment, or PPE. Invariably, their main concern is the dangers to which they’re being exposed.

Apr 2, 2020 11:35 AM CDT

Amazon’s Ring doorbell cameras may help deter package thefts, but critics worry about overreach

According to the New York Times, more than 90,000 packages a day are stolen or disappear without explanation in New York City alone, up about 20% from four years ago.

Apr 1, 2020 1:30 AM CDT

Supreme Court bars damages suit for border agent’s cross-border shooting that killed Mexican teen

The U.S. Supreme Court ruled Tuesday that the family of a Mexican teen fatally shot by a U.S. Border Patrol agent can’t sue for damages over the cross-border shooting.

Feb 25, 2020 12:01 PM CST

Cop who left incoherent man at county border isn’t liable for death, 5th Circuit says in substitute opinion

The Louisiana-based 5th U.S. Circuit Court of Appeals has withdrawn a July opinion finding a Mississippi sheriffs' deputy could be liable for dropping a mentally disabled man at the county border, where he was later struck and killed by a car.

Feb 24, 2020 11:50 AM CST

State supreme court rules for man charged with theft for removing GPS planted on his car by cops

The Indiana Supreme Court ruled Thursday for an Indiana man who was charged with theft for allegedly removing a GPS tracking device from his vehicle that had been planted there by officers.

Feb 21, 2020 10:40 AM CST

5th Circuit withdraws opinion in which Trump appointee criticized lawyer for appeal to gay bias

An appeals court has withdrawn an opinion in which a Trump judicial appointee added a footnote criticizing a Mississippi lawyer for appearing to appeal to gay prejudice.

Feb 20, 2020 9:56 AM CST