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Court to decide if teacher can sue church school
Court Feed News | 2011/03/28 13:02

The Supreme Court will decide whether a teacher at a church-run school is a religious or secular worker when it comes to the Americans with Disabilities Act.

The high court on Monday agreed to hear an appeal from Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich.

Cheryl Perich, a teacher and commissioned minister, got sick in 2004 but tried to return to work from disability leave despite being diagnosed with narcolepsy. She taught third and fourth graders

The school said she couldn't return because they had hired a substitute for that year. They fired her after she showed up anyway and threatened to sue to get her job back.

Perich complained to the Equal Employment Opportunity Commission, which sued the church.

The church wanted the case thrown out. Courts have recognized a "ministerial exception" to the ADA which prevents government involvement in the employee-employer relationship between churches and ministerial employees.

But the 6th U.S. Circuit Court of Appeals in Cincinnati said Perich's job as a teacher was secular, not religious, so the exception blocking the lawsuit didn't count. The church wants that decision overturned.



Neb. high court OKs lawsuit against Omaha tribe
Court Feed News | 2011/03/25 11:56

The Nebraska Supreme Court has ruled the Omaha Tribe can be subject to a lawsuit over payment for work on its casinos, racetrack and other facilities.

The tribe was sued in 2009 by Omaha-based building contractor StoreVisions for breach of contract. The lawsuit says the tribe has not paid for construction work.

The Omaha Tribe argued it is immune from lawsuits because the federal government has granted American Indian tribes sovereign immunity. The tribe said in court documents that a waiver of sovereign immunity signed in 2008 by the tribal chairman and vice chairman for StoreVisions isn't valid, and the case should be thrown out.

A Thurston County district judge disagreed, ruling the lawsuit can proceed. The state's highest court affirmed that ruling in an opinion issued Friday.



Court nixes new rape trial in dispute over poem
Court Feed News | 2011/03/24 16:25

A court has overturned a decision granting a new trial to a convicted rapist who claimed his rights were violated when a poem written by the victim was kept out of evidence during trial in Wayne County.

The poem expressing regret about alcohol and sex was written before the woman's encounter with Dustin Wiecek in 1999.

A federal judge says the exclusion hurt Wiecek's ability to fully confront his accuser at trial about her personal life. But a U.S. appeals court on Wednesday disagreed, saying Wiecek's lawyer had much opportunity to challenge the woman's credibility.

Wiecek was accused of using GHB, known as a date-rape drug. He's already served 41 months in prison, more than the minimum sentence. He's been free on bond since fall 2009.



NY court to hear case of missed police evidence
Court Feed News | 2011/03/23 14:26

New York's top court will hear arguments whether a New York Police Department sergeant's failure to get statements from two witnesses to a stabbing in a Times Square theater means a man's assault conviction should be overturned.

The trial judge refused to let defense lawyers cross-examine the sergeant about the unknown bystanders, who he overheard saying the injured man pulled the knife — not suspect Kenneth Hayes — but did not question because he was busy securing the scene.

The judge also ruled the police failure to get their contact information didn't violate the Brady requirement that prosecutors disclose information to the defense that could prove their client innocent.

A midlevel court divided 3-2 in rejecting Hayes' appeal.

He was also found guilty of weapon possession in the scuffle with Charles Shell, although Hayes claimed self-defense.



Court: Can officials be sued for false testimony?
Court Feed News | 2011/03/21 15:50

The Supreme Court will decide whether government officials who testify falsely while acting as a complaining witness have absolute immunity from civil lawsuits.

The high court on Monday agreed to hear an appeal from Charles Rehberg, who sent faxes criticizing the Phoebe Putney Health System, an influential Georgia hospital system. Rehberg was arrested after investigator James Paulk of the Dougherty County District Attorney's office testified to a grand jury that the accountant had harassed doctors.

Paulk, who started the investigation as a favor to hospital officials, later admitted he had no evidence and had not talked to any witnesses. The charges were dismissed.

Rehberg sued, but Paulk says he is protected by immunity because the claims took place while he was working as a government official.



Court-appointed lawyer denied for torture suspect
Court Feed News | 2011/03/21 10:53

A judge has denied a court-appointed attorney for a Texas man accused of torturing a woman for two weeks on a device used for skinning deer.

The judge said Monday during Jeffrey Allan Maxwell's initial court appearance that the 58-year-old wasn't indigent because he had listed his net worth as about $200,000.

Maxwell told state District Judge Trey Loftin that he didn't have access to most of his assets and hadn't contacted an attorney. Loftin urged Maxwell to hire one.

Maxwell remains jailed in Parker County on aggravated kidnapping and aggravated sexual assault charges.

Authorities say he abducted his former neighbor from her Parker County home and drove some 100 miles to his Corsicana house. He was arrested there March 12 and the woman was rescued.



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