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Court: Christian school can expel lesbian students
Court Feed News | 2009/01/28 17:41
A California appeals court has ruled that a Christian high school can expel students because of an alleged lesbian relationship.


The 4th District Court of Appeal in Riverside on Monday upheld California Lutheran High School's right as a private, religious organization to exclude students based on sexual orientation.

Two girls sued claiming they were discriminated against after they were expelled from the Wildomar school in 2005. A lower court said the school isn't bound by the same anti-discrimination laws as a business establishment.

John McKay, attorney for California Lutheran, says the school's goal is to educate based on Christian principles.

The attorney for the girls could not be immediately reached Tuesday.



Cheerleading is a contact sport, Wis. court rules
Court Feed News | 2009/01/27 19:11
High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, the Wisconsin Supreme Court ruled Tuesday in a case being closely watched in the cheerleading world.

The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.

The National Cheer Safety Foundation said the decision is the first of its kind in the nation.

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

It does not spell out which sports are contact sports. The District 4 Court of Appeals ruled last year cheerleading doesn't qualify because there's no contact between opposing teams.

But all seven members of the Supreme Court agreed on Tuesday to overturn that decision. In the opinion, Justice Annette Ziegler said cheerleading involves "a significant amount of physical contact between the cheerleaders." As an example, she cited stunts in which cheerleaders are tossed in the air.

The lawsuit was brought by Brittany Noffke, who was a varsity cheerleader at Holmen High School in western Wisconsin. Practicing a stunt in 2004, Noffke fell backward off the shoulders of another cheerleader and suffered a serious head injury.



Gatehouse and New York Times Co. settle lawsuit
Court Feed News | 2009/01/26 16:09
An agreement has been reached in a copyright infringement lawsuit filed by GateHouse Media against The New York Times Co.


GateHouse sued the Times, the parent company of The Boston Globe and its Boston.com Web Site, last month, claiming the Globe's new community Web sites use GateHouse's newspaper headlines and lead sentences without permission.

GateHouse claims Boston.com violates copyright and trademark laws by taking GateHouse material published on its "Wicked Local" Web sites.

A clerk to U.S. District Judge William Young said the two sides reached an agreement over the weekend just before the case was set to go to trial Monday in U.S. District Court.

No details have been announced. Lawyers for GateHouse declined comment Monday morning.



Court turns away suit over Confederate flag shirts
Court Feed News | 2009/01/23 16:36
A full federal appeals court won't hear a lawsuit by three Tennessee students threatened with suspension if they wore Confederate flag T-shirts.

A three-judge panel ruled in August that Blount County, just south of Knoxville, could ban the clothing. On Friday, the judges denied a request for a hearing by the full federal appeals court in Cincinnati.

Students Derek Barr and Craig and Chris White argued their free speech rights were violated by the ban on clothes with the flag, which is considered a symbol of racism and intolerance by some and an emblem of Southern heritage by others.

School officials said their ban came after racial tension at William Blount High.

There have been a string of similar claims from Texas to South Carolina since the 1990s.



Court sides with police officers in search case
Court Feed News | 2009/01/22 16:34
The Supreme Court ruled Wednesday that police officers in Utah who searched a suspect's home without a warrant cannot be sued for violating his constitutional rights.

In ruling unanimously for five officers attached to the Central Utah Narcotics Task Force, the court also abandoned a rigid, two-step test that it adopted in 2001 to guide judges in assessing alleged violations of constitutional rights.

Trial and appellate judges "should be permitted to exercise their sound discretion" in evaluating such claims, Justice Samuel Alito said in his opinion for the court.

Under the 2001 ruling, courts first had to determine whether an action amounts to a violation of a constitutional right and then decide whether the public official, often a police officer, should be immune from the civil lawsuit.

Officials can't be held liable in situations where it is not clearly established that their actions violated someone's constitutional rights.

The case grew out of a search of the home of Afton Callahan of Millard County, Utah, in 2002.

An informant contacted police to tell them he had arranged to purchase drugs from Callahan at Callahan's trailer home.



Court reinstates Wash. murder conviction
Court Feed News | 2009/01/21 16:32
The Supreme Court has reinstated the murder conviction of the driver in a gang-related, drive-by shooting that horrified Seattle in 1994.

By a 6-3 vote, the court on Wednesday reversed a federal appeals court that had thrown out the second-degree murder conviction of Cesar Sarausad II.

The 9th U.S. Circuit Court of Appeals in San Francisco overturned the conviction because of unclear jury instructions. But the high court, in a majority opinion written by Justice Clarence Thomas, said there was "no evidence of ultimate juror confusion."

"Rather, the jury simply reached a unanimous decision that the state had proved Sarausad's guilt beyond a reasonable doubt," Thomas wrote.

In a dissenting opinion, Justice David Souter said an uncertain instruction from the trial judge merged with a "confounding prosecutorial argument" that included a "clearly erroneous statement of law."

"In these circumstances, jury confusion is all but inevitable and jury error the reasonable likelihood," wrote Souter, who was joined in his opinion by Justices John Paul Stevens and Ruth Bader Ginsburg.

Sarausad was convicted for his role as the driver in the shooting that killed a teenage girl outside a Seattle high school.

Sarausad was a 19-year-old freshman at the University of Washington at the time of the shooting. He drove the car from which Brian Ronquillo shot and killed 16-year-old Melissa Fernandes. She had nothing to do with the gang rivalry that led to the shooting.

Ronquillo was convicted of first-degree murder and sentenced to 52 years in prison. Sarausad got a 27-year sentence.

Sarausad admitted being the driver but denied knowing that Ronquillo had a gun, much less that he was planning to kill anyone.

The jury instructions at issue concerned whether, to be convicted of second-degree murder, Sarausad had to know that Ronquillo intended to use a gun and that someone could die as a result.



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