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Appeals court weighs suit in US Marshals shooting
Attorney News |
2015/01/30 13:10
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An appeals court is deciding whether deputy U.S. marshals who shot and wounded a teenage driver eight years ago may be sued in federal court, a case that's unfolding amid a national debate about police use of force and the legal protections afforded to law enforcement.
The U.S. Court of Appeals for the District of Columbia Circuit heard arguments last month and could issue an opinion soon.
The case of driver Michael Fenwick raises questions about how police can deal with fleeing individuals and the role video should play in analyzing a police pursuit. A case that presented similar issues was decided by the U.S. Supreme Court last year after fascinated justices watched dashboard camera video of the chase.
The key issue for the appeals court is whether the deputies are entitled to qualified immunity, a legal principle that shields government officials from being sued unless their actions violate clearly established constitutional rights. A lower-court judge in 2013 allowed the case to go forward, saying there were legitimate questions about whether excessive force was used, but rejected many other arguments from Fenwick's lawyer.
An appeals court ruling in favor of the marshals would end the case. But if the judges prove sympathetic to arguments that the shooting was unjustified, the case would be returned to the trial court, where it could ultimately reach a jury and add to a body of law that is still developing. That's a potentially heavy legal burden, given past court decisions that give law enforcement leeway in firing at fleeing suspects if they feel endangered. |
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Contractor, Navy captain plead guilty in bribery scheme
Attorney News |
2015/01/20 12:38
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A Malaysian military contractor at the center of one of the Navy's worst corruption cases pleaded guilty to bribery and conspiracy charges in federal court Thursday — only hours after a Navy captain admitted to providing him classified information in exchange for lavish hotel rooms and prostitution services.
Leonard Glenn Francis, the chief executive of a Singapore company that has serviced Navy vessels at Asian ports for 25 years, held his hands behind his back and twiddled his fingers as he told the judge he was changing his plea to guilty.
Nicknamed "Fat Leonard," Francis and his firm obtained classified information that allowed his company to overbill the U.S. military by at least $20 million, according to the plea agreement. Prosecutors say he provided lavish hotel rooms, prostitutes and plane tickets to Navy officials who cooperated.
Francis' attorneys could not immediately be reached for comment after the hearing.
He faces up to 25 years in prison. He and his firm also must forfeit $35 million, according to the plea agreement.
The plea was entered hours after Capt. Daniel Dusek became the second Navy officer to enter a guilty plea. Dusek made his first appearance in federal court in San Diego and waived his right to present his case before a federal grand jury.
A total of four active-duty Navy personnel have been charged. |
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High court rejects military contractors appeals
Court Watch |
2015/01/20 12:35
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The Supreme Court on Tuesday turned away three appeals from military contractor KBR Inc. that seek to shut down lawsuits over a soldier's electrocution in Iraq and open-air burn pits in Iraq and Afghanistan.
The justices offered no comment in allowing the lawsuits to proceed.
One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.
Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.
The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.
The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims.
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High court won't hear challenge to Vermont campaign law
Court Watch |
2015/01/13 13:26
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The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.
The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.
The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.
But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed. |
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Court won't hear free speech challenge to metals dealers law
Court Watch |
2015/01/13 13:20
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The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.
The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.
Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.
A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.
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