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Court rejects appeals in student speech cases
Court Feed News |
2012/01/17 19:05
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The U.S. Supreme Court has passed up a pair of cases for the online age — whether schools may censor students who are at home when they create online attacks against school officials and other students.
The justices on Tuesday rejected appeals from Pennsylvania and West Virginia involving questions about the limits on criticism from students and where the authority of school officials ends.
The high court decision left standing lower court rulings that two Pennsylvania students cannot be disciplined at school for parodies of their principals that they created on home computers and posted online.
In the West Virginia case, an appeals court upheld the suspension of a student who created a web page that suggested another student had a sexually transmitted disease, and invited classmates to comment.
Lawyers on both sides were disappointed the high court chose not to step into the fray over student speech posted online, as federal court judges have issued a broad range of opinions on the subject. |
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Court upholds firing of deputy who claimed racism
Court Feed News |
2012/01/16 17:26
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A federal appeals court has upheld the firing of an Indiana sheriff's deputy who accused the department of racism in part because detectives watched excerpts from the movie "Blazing Saddles" in his presence.
The Seventh Circuit Court of Appeals ruled Friday that Warrick County Sheriff's Deputy Kevin Harris' 2007 firing for insubordination was legal. Harris was let go during a standard one-year probationary period.
Harris claimed white officers on probation received better treatment despite their performance problems. Harris also claimed other deputies gave him racially tinged nicknames modeled after African-American TV characters, according to court documents.
A federal judge in Indianapolis, however, ruled there wasn't enough evidence to show discrimination, and the appeals court agreed. |
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Court Upholds Burlington Man's Murder Conviction
Court Feed News |
2012/01/16 14:22
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The Iowa Supreme Court has overturned an appeals court ruling that threw out the conviction of a Burlington man in his ex-wife's death.
The court ruled Friday that even if the trial court erred in refusing to let a physical therapist testify, the error was harmless in light of the "overwhelming evidence" of guilt.
Dennis Richards was convicted of murder and arson after authorities found Cyd Richards strangled to death in a burning house in 2009.
The appeals court reversed the conviction because the trial court excluded testimony from a physical therapist who would have suggested Richards wasn't strong enough to strangle his ex-wife. A new trial was ordered.
The attorney general's office sought the Supreme Court review. |
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Md. man's leave lawsuit lands in Supreme Court
Court Feed News |
2012/01/12 17:16
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A man who sued the state of Maryland after allegedly being fired for trying to take a 10-day medical leave from his state job will have his case heard Wednesday by the U.S. Supreme Court, and the outcome could affect whether state workers nationwide can sue in similar situations.
Daniel Coleman was fired from his job overseeing contracts for the Maryland court system in 2007. He says he was fired after asking for time off for doctor-ordered bed rest to deal with hypertension and diabetes. Under a law passed by Congress and enacted in 1993, the Family and Medical Leave Act, employees can take up to three months of unpaid leave for certain reasons, including a serious health issue. After being fired, Coleman sued, claiming a violation of the leave law and discrimination, a claim that was later thrown out by a lower court. He asked Maryland to pay him a reported $1.1 million in compensatory and punitive damages.
But lawyers for Maryland argue Congress was wrong to give employees like Coleman the ability to sue state employers for money damages. Unlike private employers, states are generally exempt from such lawsuits. Two lower courts have agreed with Maryland that Congress overstepped its authority, and 26 other states are also supporting the state's arguments. |
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Ex-DC councilmember pleads guilty to theft
Court Feed News |
2012/01/06 19:05
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A former D.C. councilmember pleaded guilty Friday to embezzling more than $350,000 in government funds earmarked for youth sports and arts programs and admitted that he spent the money on a luxury SUV, travel to exclusive golf courses and clothing.
Harry Thomas Jr., resigned his council seat Thursday night — a condition of his plea agreement — just hours after being charged with theft from programs receiving federal funds and filing a false tax return.
The plea resolves one of several pending investigations into D.C. government, including a federal probe of the campaign of first-term Mayor Vincent Gray.
Thomas, who for months had maintained his innocence, did not directly address the accusations in federal court but replied, "Guilty as charged, your honor" when asked how he wished to plead. He later read a statement outside the courthouse apologizing to his family and his constituents.
The tax return charge accuses Thomas of failing to report about $350,000 in income between 2007 and 2009. He was also ordered to forfeit an SUV and a motorcycle that were seized last month by federal agents who raided his northeast Washington home. |
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DA asks Wis. Supreme Court to reopen union lawsuit
Court Feed News |
2012/01/02 13:48
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A prosecutor asked the Wisconsin Supreme Court on Friday to reopen his lawsuit challenging Gov. Scott Walker's contentious collective bargaining law, contending a justice who voted to dismiss the suit earlier this year got free legal help from the firm defending the law.
Dane County District Attorney Ismael Ozanne argued in filings with the court that it should vacate its decision because Justice Michael Gableman never disclosed his arrangement with the Michael Best and Friedrich law firm. Wisconsin's ethics code prohibits state officials from accepting free gifts, and the judicial ethics code bars judges from accepting gifts from anyone likely to appear before them.
Ozanne asked the court to reinstate a circuit judge's earlier ruling declaring the law void and disqualify Gableman from participating in further proceedings if he won't recuse himself.
Gableman's attorney, Viet Dinh, didn't immediately return a message late Friday afternoon. He told the Milwaukee Journal Sentinel this week that he doesn't believe the free legal services amounted to a gift. A message left at Michael Best and Friedrich's Madison office wasn't immediately returned. |
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