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Court: District court can hear some fed complaints
Lawyer Blogs |
2012/12/10 14:25
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The Supreme Court says some discrimination complaints from federal workers can go to federal district court, instead of being forced into the U.S. Court of Appeals for the Federal Circuit.
The justices on Monday ruled unanimously that some appeals from the Merit Systems Protection Board can go before U.S. district judges if they involve discrimination claims dismissed for procedural reasons.
Carolyn M. Kloeckner was fired from the Labor Department in 2005 after complaining of sex and age discrimination and a hostile work environment, as well as being declared "absent without leave."
The Merit Systems board dismissed her claims as untimely, and she tried to appeal to district court. But the 8th U.S. Circuit Court of Appeals said her appeal could only be heard by the D.C.-based Federal Circuit.
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Court upholds sentence of ex-CIA station chief
Legal News |
2012/12/03 18:53
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An appeals court has unanimously upheld the nearly 5 ½-year sentence of a former CIA station chief for sexually abusing an unconscious woman at the mansion the U.S. government provided for him in Algeria.
The three-judge panel ruled Friday that U.S. District Judge Ellen Huvelle had adequately explained why she sentenced Andrew Warren to roughly double what was called for in sentencing guidelines.
Warren argued that his Post-Traumatic Stress Disorder, depression and substance abuse made it unreasonable to give him more than a brief sentence, followed by treatment at a private facility. The appeals court disagreed.
After Warren was fired, federal agents found him high on crack in a Virginia motel room with a semi-automatic pistol in his shorts. He pleaded guilty to abusive sexual contact and a gun charge.
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Another blow for state's anti-eavesdropping law
Court Line News |
2012/11/27 22:23
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The U.S. Supreme Court on Monday delivered another blow to a 50-year-old anti-eavesdropping law in Illinois, choosing to let stand a lower court finding that key parts of the hotly debated law run counter to constitutional protections of free speech.
In that critical lower-court ruling in May, the 7th U.S. Circuit Court of Appeals found that the law — one of the toughest of its kind in the country — violates the First Amendment when used against those who record police officers doing their jobs in public.
Civil libertarians say the ability to record helps guard against police abuse. The law's proponents, however, say it protects the privacy rights of officers and civilians, as well as ensures that those wielding recording devices don't interfere with urgent police work.
The Illinois Eavesdropping Act, enacted in 1961, makes it a felony for someone to produce an audio recording of a conversation unless all the parties involved agree. It sets a maximum punishment of 15 years in prison if a law enforcement officer is recorded.
As it drew the ire of civil liberties groups, state legislators endeavored to soften the law earlier this year, but those efforts stalled. The high-court's decision could prompt a renewed push to overhaul it.
But state Rep. Elaine Nekritz, a vocal opponent of the law, said court decisions hitting at its constitutionality could effectively nullify the most contentious aspects of the law and make further legislative action unnecessary. |
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Lawyer accused of laundering money to request bail
Legal News |
2012/11/15 12:29
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A U.S. lawyer who faces charges of laundering more than $600 million for a Mexican drug cartel is scheduled to ask to be released on bail.
Marco Antonio Delgado will have his detention hearing Wednesday in federal court in El Paso, Texas.
Prosecutors say Delgado conspired to launder a cartel's drug profits from July 2007 through December 2008. The indictment doesn't say which cartel.
Delgado is a former Carnegie Mellon University trustee and gave a $250,000 endowment to create a scholarship named after him to assist Hispanic students.
A profile later removed from the university's website says he left his professional duties to work with Mexican president-elect Enrique Pena Nieto. Pena's team denies knowing Delgado. The university says the biographical information was submitted by Delgado. |
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Scottsdale considers law firm contract in suit
Legal News |
2012/11/06 10:33
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The City Council in Scottsdale is poised to approve a $350,000 contract with a law firm it has hired to defend a former officer in a wrongful death lawsuit over the last of his six fatal shootings.
The city hired Struck, Wieneke & Love to defend former officer James Peters in a suit filed by the relatives of John Loxas and the American Civil Liberties Union. The City Council is set to consider the contract on Nov. 13, according to the Arizona Republic reports.
Peters fatally shot Loxas on Feb. 14 after police were called to his house. He was unarmed and holding his 7-month-old grandson in his doorway when Peters shot him in the head.
The shooting was the officer's seventh since 2002. He has since retired with an accidental disability pension of $4,547 per month, according to the city.
Another firm is defending the city and other officials under a contract worth up to $50,000.
The suit was filed on Sept. 24 and claims, among other things, that city officials failed to adequately investigate the previous shootings. It alleges that the city and Police Chief Alan Rodbell didn't establish adequate policies to protect against the "unreasonable use of force by its officers."
The suit seeks unspecified damages against Peters, the city, Rodbell and Detective Brian McWilliams. |
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Former Navy lawyer goes before Kan. Supreme Court
Attorney News |
2012/10/24 17:00
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A former Navy lawyer who was convicted during a court martial in 2007 for mailing secret information about Guantanamo Bay detainees is seeking to get his law license reinstated in Kansas.
Attorneys for Matthew Diaz will argue on Thursday before the Kansas Supreme Court to accept a recommendation from the Office of Judicial Administration to suspend his law license for three years effective 2008. Because of the timeline, Diaz would be reinstated with the Kansas bar.
The disciplinary hearing panel said Diaz warranted "significant discipline" for his actions, which included the act of printing and sending classified information and sending it to an unauthorized person. |
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