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9th Circuit Declines Serial ADA Plaintiff's Appeal
Law News |
2008/04/08 07:29
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div class=storydiv id=C1R1_Headlineh5font face=arial,helvetica,sans-serifThe 9th Circuit refused to reconsider wheelchair-bound activist Jarek Molski's challenge to an order requiring Molski and his attorneys at the Frankovich Group to obtain special permission before filing any new lawsuits in the U.S. District Court for the Central District of California.
nbsp; nbsp; U.S. District Judge Edward Rafeedie labeled Molski a vexatious litigant after he crusaded across the state, filing discrimination claims against businesses that failed to properly accommodate disabled patrons. His lawsuits sought large damages and usually settled quickly.
nbsp; nbsp; A three-judge panel affirmed the orders against Molski and his preferred law firm in a decision the full 9th Circuit declined to reconsider. But eight judges signed Judge Berzon's dissenting opinion, in which he called for less Draconian sanctions that do not infringe the fundamental right to access the courts. /font/h5/div/div |
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Ohio Settles Lawsuit Over Youth Prisons
Law News |
2008/04/04 08:07
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pfont color=#000000Th/fontfont color=#000000e state of Ohio plans to pour money and resources into its juvenile detention system after settling a lawsuit alleging serious violations./font/ppfont color=#000000The state is promising $30 million in additional annual spending and the hiring of more than 100 extra guards. It also will hire additional psychologists, nurses, social workers and teachers, improve its off-hours programs for children and revamp its program for sex offenders./font/pp
font color=#000000A report released late last year found Ohio's youth prisons are overcrowded and understaffed and fail to educate children behind bars or keep them safe. It also found cases of excessive use of force./font/ppfont color=#000000The settlement ends legal challenges that began in 2004 with allegations of excessive force being used against girls at the Scioto Juvenile Correctional Facility./font/ppfont color=#000000A judge must still approve the settlement filed Thursday in federal court in Columbus./font/ppfont color=#000000The state is satisfied the agreement will bring much-needed change to the system, said Tom Stickrath, director of the Youth Services Department. He said the extra funding is a strain during tight budget times but eventually could lead to lower costs as the system improves./font/ppfont color=#000000The annual budget for the system, which serves about 1,700 children, is about $260 million./font/ppfont color=#000000It's certainly a long-term investment in doing the right thing for the youth in our system, for the juvenile courts across the state and ultimately for the citizens, Stickrath said in an interview./font/ppfont color=#000000It's a difficult time to be looking at any extra resources but I think it's a needed investment in our future, he said./font/ppfont color=#000000A veteran civil rights attorney who helped coordinate the lawsuit commended the state for settling./font/ppfont color=#000000The plan safeguards public safety while working toward more youth being served in smaller, more appropriate, community-based facilities, said Cincinnati attorney Alphonse Gerhardstein./font/ppfont color=#000000In 2004, lawyers with the Children's Law Center of Kentucky sued the state over allegations of excessive force being used against girls at the Scioto Juvenile Correctional Facility. Around the same time, the Department of Justice launched an investigation over the same allegations./font/ppfont color=#000000Twelve employees at the Scioto facility were eventually charged with abusing and endangering inmates and in early 2005 the agency's director was forced to resign./font/ppfont color=#000000A year ago, the Children's Law Center and other groups updated the 2004 suit to include the entire agency, saying the state had made inadequate progress on its promises to address their concerns./font/ppfont color=#000000In addition to overcrowding and excessive force, a report found that guards regularly place children in solitary confinement for inappropriately long periods of time, a practice that is unconstitutional on its face and should cease immediately./fonta href=http://ad.doubleclick.net/click;h=v8/3698/0/0/%2a/y;142408181;0-0;0;4811396;4307-300/250;22881142/22899025/1;;~sscs=%3fhttp://west.thomson.com/store/SrchResults.aspx?Ntt=+taxation+lawamp;Ntx=mode+matchallpartialamp;Nty=1amp;N=4294967125amp;Pagesize=20amp;Ntk=KEYWORD-SEARCHamp;Ntpc=1amp;Ntpr=1 target=_top/a/p |
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9th Circuit: County Can't Use RICO
Law News |
2008/03/25 09:14
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| pAn anti-illegal immigration lawsuit turned out to be much better as a metaphor than as a lawsuit./ppWhen a former leader of Canyon County, Idaho, invoked civil RICO lawsto sue four corporations for hiring illegal immigrants, the move madeheadlines all the way up to emThe New York Times/em: The newspaper viewed it as a prism to understand how the immigration issue split the Republican Party./ppBut an ideologically balanced panel of the 9th U.S. Circuit Court of Appeals disposed of the complaint last week.Canyon County didn't have standing to argue that the companies' allegedhiring of illegal immigrants unfairly upped the cost of providingpublic services, Senior Judge A. Wallace Tashima ruled./ppWe find it particularly inappropriate to label a governmental entity'injured in its property' when it spends money on the provision ofadditional public services, Tashima wrote, given that those servicesare based on legislative mandates and are intended to further thepublic interest./ppSenior Judge William Canby Jr. and Judge Consuelo Callahan joined Tashima. /p |
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Man Pleads Guilty After Verdict Tossed
Law News |
2008/03/20 08:59
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| A man who was on death row for nearly 20 years until the U.S. Supreme Court overturned his verdict because of racial discrimination has pleaded guilty to the 1985 slaying for which he was originally sentenced to die.pThomas Miller-El accepted a deal with prosecutors Wednesday that spares the 56-year-old from heading to death row for a second time but virtually assures he will never leave prison./ppA judge sentenced Miller-El to life in prison after he pleaded guilty to capital murder and aggravated robbery in the killing of a hotel clerk. He waived his right to appeal in exchange for prosecutors not seeking the death penalty, reported Thursday./ppThe plea appeared to end a two decades-old saga in which Miller-El, who is black, had his original conviction tossed in 2005 by the high court on the grounds of racial discrimination in jury selection./ppThe attitude currently in the DA's office is not conducive to the tone that existed back when Mr. Miller-El's case was tried, said Doug Parks, Miller-El's attorney./ppThe Supreme Court cited a manual, written in 1969 and used until at least 1980, that instructed prosecutors on how to exclude minorities from Texas juries. Supreme Court Justice David H. Souter called racial discrimination in Dallas County's jury selection process unquestionable./ppMiller-El was sentenced to death row in 1986 by a 12-member jury that included one black. Prosecutors struck 10 of the 11 blacks eligible to serve./ppMiller-El pleaded guilty to killing Holiday Inn clerk Douglas Walker during a robbery. Walker and co-worker Donald Ray Hall were bound, gagged and shot. Hall, who was paralyzed in the shooting, identified Miller-El as the triggerman. /p |
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Court Rules in Favor of Wash. Primary
Law News |
2008/03/18 11:07
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| The Supreme Court has upheld the state of Washington's open primary election system.pBy a 7-2 vote, the court says the state may use a primary system that allows the top two vote-getters to advance to the general election, even if they are from the same party./ppWashington never held a primary under the new system because of legal challenges./ppWriting for the majority, Justice Clarence Thomas said that overturning Washington's plan would have been an extraordinary and precipitous nullification of the will of the people./ppIn dissent, Justice Antonin Scalia said Washington's system would cause a political party to be associated with candidates who may not represent its views. Scalia was joined by Justice Anthony Kennedy./ppLawyers for the political parties said David Duke has identified himself as a Republican, despite GOP repudiation of his racial views, while perennial presidential candidate Lyndon LaRouche has called himself a Democrat, despite wide disagreement with Democratic leaders./ppUnder Washington's system, all candidates for a particular office may list their political party preference after their names./ppThe top-two plan was created after state voters approved a law in 2004 allowing them to pick their favorite candidate for each office. The top two vote-getters would advance to the November general election, even if they are from the same party./ppThe major parties challenged the law in federal court, asserting a First Amendment right to select their own nominees without outside interference./ppA federal judge and the 9th U.S. Circuit Court of Appeals in San Francisco struck down the election plan./ppWashington state Attorney General Rob McKenna argued there was no evidence that the parties would be harmed, since they can publicize through advertising and other means which candidates they support./ppTuesday's decision is the second of two this year on the rights of political parties. In New York, the justices said the state's method of electing trial judges, which gives party bosses effective control of the process, does not violate the Constitution. /p |
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