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Chicago's lawsuit over sanctuary city threat goes to court
Court Watch |
2017/09/10 09:01
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Chicago is asking a federal judge to block President Donald Trump's administration from following through on its threat to withhold public safety grants to so-called sanctuary cities.
Attorneys for the city will be in court Monday to argue their case. Mayor Rahm Emanuel has said Chicago won't "be blackmailed" into changing its values as a city welcoming of immigrants.
Trump's policy stands to withhold public safety grants unless cities agree to tougher enforcement of immigrations laws. Chicago is among several cities refusing to cooperate.
Chicago sued the U.S. Department of Justice last month, arguing the new federal requirements are unconstitutional.
U.S. Attorney General Jeff Sessions has warned that Chicago would forfeit its rights to the federal funds if it insists on violating the "rule of law."
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NC appeals court restores man's lawsuit against wife's lover
Court Watch |
2017/09/05 08:48
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A jilted husband's lawsuit against a doctor accused of stealing his wife's love can proceed after a North Carolina appeals court ruled Tuesday that the husband can continue suing the spouse's lover, seeking damages.
The state Court of Appeals decision resurrects a lawsuit that a trial judge had thrown out in Forsyth County, whose seat is Winston-Salem. The judge ruled that state law violates a person's constitutional free speech and free expression rights to engage in intimate sexual activity and expression with other consenting adults.
North Carolina is one of only about a half-dozen states that still allow lawsuits accusing a cheating spouse's lover of alienation of affection and criminal conversation.
"These laws were born out of misogyny and in modern times are often used as tools for enterprising divorce lawyers seeking leverage over the other side," Judge Richard Dietz wrote in the unanimous ruling by a three-judge panel. Nevertheless, such lawsuits "are designed to prevent and remedy personal injury, and to protect the promise of monogamy that accompanies most marriage commitments."
The court said Marc Malecek filed the lawsuit after his wife, a nurse, had an affair in 2015 with Dr. Derek Williams, a physician at the hospital where the woman works. Williams challenged the laws as unconstitutional, citing a 2003 U.S. Supreme Court decision voiding a Texas law outlawing homosexual acts because liberty meant allowing adults to make their own decisions about conduct.
Williams argued that the state laws "target extra-marital intimacy or sex because the State disapproves of expressing that intimacy while married to someone else," Dietz wrote.
The largest alienation award in state history was in 2011, when a Wake County judge awarded $30 million to the former wife of a Raleigh business owner. The ex-wife had sued the businessman's current spouse. |
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S. Indiana city's mayor defends rental ordinance in court
Court Watch |
2017/09/02 14:54
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The mayor of a southern Indiana city is defending a rental inspection ordinance that’s resulted in thousands of dollars in fines against property owners and is the subject of a lawsuit.
Charlestown Mayor Bob Hall testified during Friday’s daylong hearing in Scott County Circuit Court that the ordinance is needed to ensure safe housing in his Ohio River community.
The News and Tribune reported the Institute for Justice sued the city of Charlestown on behalf of residents in the Pleasant Ridge neighborhood.
The nonprofit law firm’s attorneys argued during Friday’s hearing that the city broke Indiana law when it fined property owners without first giving them “reasonable time” to make repairs to return to compliance.
The group wants to block Charlestown officials from enforcing the ordinance. |
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Not guilty pleas entered in Lake Coeur d'Alene boat crash
Court Watch |
2017/09/01 14:54
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A former Spokane advertising executive has pleaded not guilty to charges related to a boat crash on Lake Coeur d'Alene, Idaho, that killed three people last year.
The Spokesman-Review reports that Dennis Magner entered his pleas Friday to charges of involuntary manslaughter and criminal conspiracy.
The crash on July 30, 2016 killed 34-year-old Justin Luhr and two 21-year-old passengers, Justin Honken and Caitlin Breeze.
The three victims were struck as they sat in Luhr's anchored boat. It took several days for divers to recover their bodies.
In addition to Magner, the grand jury charged Jonathan Sweat of Spokane with criminal conspiracy based on false statements he made to investigators.
Sweat was a passenger on Magner's boat at the time of the crash.
The crash occurred when Magner's Mastercraft struck and went airborne over the top of Luhr's boat. The collision ripped the top off the cabin.
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Court: Cherokee Freedmen have right to tribal citizenship
Court Watch |
2017/08/31 23:05
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Descendants of black slaves, known as freedmen, who were once owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.
U.S. District Judge Thomas Hogan ruled Wednesday in a long-standing dispute between the Cherokee Freedmen and the second largest tribe in the United States.
Freedmen have long argued that the Treaty of 1866, signed between the U.S. government and the Tahlequah, Oklahoma-based Cherokees, gave them and their descendants "all the rights of native Cherokees." There are around 3,000 freedmen descendants today.
But Cherokee leaders have argued the tribe has the fundamental right to determine its citizens, and in 2007 more than three-fourths of Cherokee voters approved an amendment to remove the Freedmen from tribal rolls. |
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