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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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Argentine court says US fugitive can be extradited
Attorney News |
2015/01/05 16:32
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Argentina's Supreme Court has ruled that an American who took refuge and started a new life in the South American country can be extradited to face charges that he killed his wife over a decade ago, a court spokeswoman confirmed Saturday.
Kurt Sonnenfeld moved to Argentina in 2003 and sought asylum after prosecutors in Denver charged him with first-degree murder. The decision to extradite him brings to an end a longstanding dispute between the U.S. Justice Department and Argentine courts that centered in part on differences over the death penalty.
In the ruling, which was made Dec. 11, the justices said U.S. prosecutors had assured Argentina that "the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case." The ruling said the executive branch will have final say on an extradition and doesn't specify when it may take place.
Maria Bourdin, a spokeswoman for Argentina's Supreme Court, confirmed the ruling but declined to comment beyond what was in it. Calls to the U.S. Embassy in Buenos Aires on Saturday seeking comment were not immediately returned.
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Houston Personal Injury Lawyers
Attorney News |
2014/12/08 14:48
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An Employer in Texas is obligated to make sure your workplace is safe, that you have competent co-workers, and that you receive proper training and supervision, in addition to following other policies for your safety. Negligence on their watch may result in injuries, ranging from fall, burn, and crush injuries, to broken bones, amputation, and
death. Without proper protection from pinch points, machines, and the assistance of coworkers, you may be in danger. Other hazards include improper fall protection, ladders without safety cages, and poor housekeeping with tripping hazards.
Even if you are receiving workers’ compensation payments for your injuries, and you have been told you are barred by the workers’comp bar, you may still have a claim against a third party for creating or failing to remedy the hazard, such as a general contractor or
contractor, product manufacturer or safety consultant.
You may have a claim against a third party for making a hazard in your workplace, even if you are already receiving workers' compensation payments. Even if you have been told you are barred by the "workers' comp bar," a safety consultant or general contractor may be to blame.
You may have signed a pre-injury waiter, but there is change it is not enforceable. Call one of our personal injury lawyers in Houston, Texas to have questions answered or a case reviewed.
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NY court: Chimps don't have same rights as humans
Attorney News |
2014/12/05 15:52
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A chimpanzee is not entitled to the rights of a human and does not have to be freed by its owner, a New York appeals court ruled Thursday.
The three-judge Appellate Division panel was unanimous in denying "legal personhood" to Tommy, who lives alone in a cage in upstate Fulton County.
A trial level court had previously denied the Nonhuman Rights Project's effort to have Tommy released. The group's lawyer, Steven Wise, told the appeals court in October that the chimp's living conditions are akin to a person in unlawful solitary confinement.
Wise argued that animals with human qualities, such as chimps, deserve basic rights, including freedom from imprisonment. He has also sought the release of three other chimps in New York and said he plans similar cases in other states.
But the mid-level appeals court said there is neither precedent nor legal basis for treating animals as persons. |
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