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Police equate accepting leaked documents with ‘criminal conspiracy’ to justify raid on reporter
Amid national outcry, San Francisco Police Chief William Scott is on his heels after raiding a reporter’s home for refusing to disclose the name of a source. On Tuesday, Scott held a news conference to say he suspects that freelance reporter Bryan Carmody was involved in a criminal conspiracy to obtain documents that were leaked […]
A reporter declined to reveal his source. Then police showed up at his front door with guns.
Bryan Carmody, a freelance reporter in San Francisco, awoke Friday to the sounds of someone trying to break into his house. About 10 officers from the San Francisco Police Department were bashing the front gate of his Outer-Richmond home with a sledgehammer, he said. It was just after 8 o’clock in the morning. Carmody called […]
Student’s suspension over border wall shirt costs Oregon school district $25,000, an apology
An Oregon high school student who was suspended over a shirt that touted President Donald Trump’s proposed border wall has agreed to settle his lawsuit after the school agreed to pay $25,000 for his legal fees and have its principal write him an apology. Addison Barnes, who graduated this year from Liberty High School in […]
Firm battles order for data on protesters
A Los Angeles-based tech company is resisting a federal demand for more than 1.3 million IP addresses to identify visitors to a website set up to coordinate protests on Inauguration Day — a request whose breadth the company says violates the Constitution. “What we have is a sweeping request for every single file we have” […]
Commentary: The First Amendment does not protect all speech
The woman found guilty in the sensational homicide-by-text case has been sentenced to prison. Twenty-year-old Michelle Carter was found guilty in June by a Massachusetts judge of involuntary manslaughter in the 2014 suicide of her boyfriend, Conrad Roy III. Carter repeatedly encouraged Roy to commit suicide by asphyxiation via text message. Soon after her conviction, […]
Appeals court strikes down Florida law that barred physicians from asking about gun ownership
In 2011, the Florida state legislature passed a law called the Firearms Owners’ Privacy Act. The act prohibited Florida doctors from asking routine questions about their patients’ gun ownership, unless that information was deemed relevant to patient care or the safety of others. It also barred physicians from making a record of whether a patient […]
Judge grants injunction against Trump travel ban in Virginia
McLEAN, Va. — A federal judge Monday granted a preliminary injunction barring the Trump administration from implementing its travel ban in Virginia, adding another judicial ruling to those already in place challenging the ban’s constitutionality. The ruling is significant from a legal standpoint because U.S. District Judge Leonie Brinkema found that an unconstitutional religious bias [&hel[...]
Second Circuit – First Amendment: Matthews v. City of New York
U.S. Court of Appeals for the Second Circuit – First Amendment – Retaliation – Public Employee vs. Citizen Matthews v. City of New York 13-2915-cv Judges Walker, Hall and Murtha Background: The plaintiff, who is a police officer for the defendant, alleged that the defendant retaliated against him for speaking to his commanding […]
Second Circuit – First Amendment: Smith v. County of Suffolk
U.S. Court of Appeals for the Second Circuit First Amendment Retaliatory Conduct – Unprotected Conduct Smith v. County of Suffolk 13-1230-cv Judges Hall, Livingston and Brodie Background: The plaintiff appealed from the dismissal of his cause of action. The district court held that the plaintiff failed to produce facts demonstrating a causal connection between his […]
U.S. District Court, WDNY – First Amendment: Spring v. County of Monroe, et al.
U.S. District Court, WDNY – First Amendment – Matter of Public Concern – Amended Complaint Spring v. County of Monroe, et al. 13-cv-6662L Judge Larimer Background: The plaintiff, a former employee of the defendant hospital, asserts a number of claims arising out of the termination of his employment. The plaintiff alleged that his termination […]
Second Circuit: Golodner v. Berliner, et al.
U.S. Court of Appeals for the Second Circuit – First Amendment – Police Misconduct – Matter of Public Concern Golodner v. Berliner, et al. 12-1173-cv Judges Straub, Hall and Droney Background: The defendants appeal from the denial of their motion for summary judgment asserting qualified immunity. The plaintiffs alleged retaliation for commencing a lawsuit […]
Second Circuit — First Amendment: United States v. Erie County
U.S. Court of Appeals for the Second Circuit First Amendment Judicial Documents — Right of Access United States v. Erie County 13-3653 Judges Calabresi, Parker and Lynch Background: The United States commenced an action against the defendant alleging that two of the county’s correctional facilities violated the federal constitutional rights of their inmates. The parties […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
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