Category: Civil Suits

SCOTUS Takes Up Three Crime-Related Cases

by · Jan 17, 2022 1:45 pm

At its conference last Friday, the U.S. Supreme Court took up three cases related to crime and law enforcement. One raises the question of whether a police officer’s failure to give Miranda warnings creates a civil liability, in addition to making the confession inadmissible in a criminal case. A second involves a challenge to a state’s method of execution, offering an alternative not authorized by state law. A third involves proceedings in federal district court to develop evidence for a habeas corpus petition without regard to whether the evidence could even be considered in deciding the case. Continue reading . . .

Notice, Comment, and Exhaustion

by · Dec 20, 2021 4:04 pm

In recent years, CJLF has been involved in a number of civil cases, some of which involve administrative law.* In administrative law, there is generally a requirement to exhaust administrative remedies before turning to the courts. There are also requirements in various laws for hearings and public comment before adopting certain measures.

Is a party who does not comment on a proposal forever banned from filing a lawsuit challenging its legality? We have been hit with that argument a couple of times. For one particular kind of hearing/comment law, the California Supreme Court has said no. The case of Hill RHF Housing Partners, L.P. v. City of Los Angeles, S263734 involves business improvement districts. “The opportunity to comment on a proposed BID does not involve the sort of ‘clearly defined machinery for the submission, evaluation and resolution of complaints by aggrieved parties’ [citation]  that has allowed us to infer an exhaustion requirement in other contexts.” I think that is correct. Continue reading . . .

A Permanent New Layer of Capital Litigation?

by · Nov 9, 2021 10:50 am

The anti-death-penalty crowd hit the jackpot some years back when they discovered that they could add a new layer of litigation to a capital punishment process that already has too many layers. Civil litigation over the method of execution has become routine. It has stopped executions in some states but not others. The promising new tool for obstruction is civil litigation over whether the state has gone far enough to accommodate the inmate’s real or fabricated religious needs during the execution process.

This is the real issue beneath today’s argument in the U.S. Supreme Court in Ramirez v. Collier, No. 21-5592. The case was discussed in this post on October 25. Continue reading . . .

Restore the “Rigid Order of Battle Rule” for Qualified Immunity Cases?

by · Oct 28, 2021 3:00 pm

When the complaining party in a lawsuit must clear multiple hurdles in order to obtain relief, does the judge need to decide them in any particular order? The answer is “sometimes.” See pages 20-23 of CJLF’s brief in Brown v. Davenport, presently pending in the U.S. Supreme Court.

In cases where a public employee (very often a police officer) is claimed to have violated someone’s rights and asserts qualified immunity, there was for eight years a “rigid order of battle rule.” The Supreme Court decided in Saucier v. Katz (2001) that judges must decide whether the plaintiffs’ allegations, if true, would amount to a constitutional violation before deciding whether that rule was “clearly established” so as to defeat the claim of qualified immunity. In Pearson v. Callahan (2009), the Court decided unanimously that the rule was a bad idea and dumped it. See this post.

John Ketchum has this article in the City Journal calling for the return of the Saucier rule. Though I supported dumping the rule, Ketchum does make some interesting points. Continue reading . . .

Murder Cases Bumped from SCOTUS Calendar

by · Oct 25, 2021 1:51 pm

The U.S. Supreme Court had scheduled two murder cases, both involving defendants named Ramirez, for argument on November 1. Last Friday, however, the Court bumped them and scheduled arguments on the controversial Texas abortion law for that date. Yes, Virginia, there really is a Supreme Court issue more controversial than capital punishment. Continue reading . . .

Litigation Threats and Extortion

by · Apr 13, 2021 10:38 am

Threatening a groundless lawsuit unless the target pays money has often been referred to a “legalized extortion.” But maybe it’s not always legal.

The Hobbs Act makes it federal crime to obstruct, delay, or affect commerce by extortion. Extortion is defined as “the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.” See 18 U.S.C. § 1951(a). Does “wrongful” include a “threat of sham litigation.” Continue reading . . .

Government Liability for Rights Violations

by · Apr 8, 2021 4:33 pm

(Updated April 9.) New Mexico this week enacted a bill regarding liability of public bodies for rights violations by the bodies or their officers. Despite the headline and lead sentence of this WSJ article, there are important features of this bill that make it very different from the repeal of qualified immunity that is being pressed by the anti-law-enforcement crowd around the country. Continue reading . . .

Supreme Court Holds Shooting a Fleeing Suspect is a “Seizure”

by · Mar 25, 2021 8:31 am

The U.S. Supreme Court held today that a police officer “seizes” a fleeing suspect, within the meaning of the Fourth Amendment, by shooting her, even if the officer never gains actual control and the suspect escapes.

The Court split 5-3* in the case of Torres v. Madrid, No. 19-292.

The opinion of the Court by Chief Justice Roberts applied the common law definition of when a person has been “arrested” to the Fourth Amendment question of when the protection against unreasonable seizures comes into play when the claimed seizure is of the person. The status of arrest had a variety of legal consequences, including liability of the officer for escape or a tort suit for false imprisonment. Continue reading . . .

Suing the DA for Discriminatory Pattern of Non-Prosecution

by · Mar 17, 2021 10:47 am

The Supreme Court decided long ago that “a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). But can a victim of crime sue a district attorney on the ground that a long pattern of discriminatory nonprosecution was a contributing cause of the crime? An amicus brief by former Circuit Judge Alex Kozinski joined by former Attorney General and District Judge Michael Mukasey and former District Judge F.A. Little asks the Fifth Circuit to address that question en banc. Beneath it lies a tangled tale as thick as the undergrowth in Louisiana swamp country. Continue reading . . .