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Supreme Court Backs Police in Chase Case
Lawyer Blog News | 2007/04/30 14:46

The Supreme Court on Monday gave police officers protection from lawsuits that result from high-speed car chases, ruling against a Georgia teenager who was paralyzed after his car was run off the road. In a case that turned on a video of the chase in suburban Atlanta, Justice Antonin Scalia said law enforcement officers do not have to call off pursuit of a fleeing motorist when they reasonably expect that other people could be hurt.

Rather, officers can take measures to stop the car without putting themselves at risk of civil rights lawsuits.

"A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death," Scalia said.

The court sided 8-1 with former Coweta County sheriff's deputy Timothy Scott, who rammed a fleeing black Cadillac on a two-lane, rain-slicked road in March 2001.

Victor Harris (nyse: HRS - news - people ), the 19-year-old driver of the Cadillac, lost control and his car ended up at the bottom of an embankment.

Harris, paralyzed, sued Scott.

Lower federal courts ruled the lawsuit could proceed, but the Supreme Court said Monday that it could not. Justice John Paul Stevens dissented.

In an unusual move, the court posted the dramatic video on its Web site.



U.S. court to decide case of Mexican on death row
Lawyer Blog News | 2007/04/30 13:49

The U.S. Supreme Court said on Monday it would decide whether President George W. Bush had the authority to direct a state court to comply with an international tribunal's ruling in the case of a Mexican on death row in Texas. The justices agreed to review a decision by the Texas Court of Criminal Appeals that concluded Bush had exceeded his constitutional authority by intruding into the independent powers of the judiciary.

The case involved Jose Medellin, who was denied the right to meet with a consular officer from Mexico after his arrest for murder.

The World Court in The Hague in 2004 ordered the United States to review the cases of Medellin and 50 other Mexican death row inmates because U.S. officials failed to tell them of their right under the Vienna Convention to talk to consular officers immediately after their arrests.

Bush in 2005 decided to comply with the World Court's ruling and he directed state courts to review the 51 cases to determine whether the violation of their rights caused the defendants any harm at trial or at sentencing.

Bush's action caused the Supreme Court to dismiss an earlier appeal by Medellin without deciding the merits of the dispute and to send the case back to the Texas courts.

After losing before the Texas Court of Criminal Appeals, Medellin's attorneys again appealed to the Supreme Court. They said the Texas court has put the United States in violation of its undisputed treaty obligations.

Bush administration attorneys supported Medellin's appeal. They said Bush acted within his authority and that the Texas court invalidated a presidential action "on a matter of international importance."

Medellin, a gang member, was sentenced to death in state court for the 1993 rape and murder of two teenage girls in Houston. The brutal killings stemmed from a gang initiation.

Lawyers for the state opposed the appeal. They said Bush exceeded his authority and that he cannot pre-empt Texas criminal law.

The Supreme Court will hear arguments and decide the case during its upcoming term that begins in October.



UGA settles harassment lawsuit involving athletes
Lawyer Blog News | 2007/04/28 09:51

The University of Georgia reached an out-of-court settlement with a former student who filed a 25 million dollar sexual harassment lawsuit.

The woman -- Tiffany Williams -- claimed U-G-A officials were slow to respond to an alleged assault involving three athletes.

The lawsuit revolves around a 2002 claim that she had consensual sex with former Georgia basketball player Tony Cole in her dorm room. Afterward she told police that former basketball player Steve Thomas and ex-football player Brandon Williams sexually assaulted her.

The lawsuit claimed that school officials exposed her to danger by recruiting Cole even though they knew he had a history of sexual misconduct.

U-G-A attorney Ed Tolley said the settlement was six figures but he did NOT specify the precise figure.

Brandon Williams was acquitted of any wrongdoing and criminal charges against Cole and Thomas were dropped.



Bush Vows to Veto Iraq Troop Withdrawal
Lawyer Blog News | 2007/04/28 08:59

President Bush warned Congress Friday that he will continue vetoing war spending bills as long as they contain a timetable for the withdrawal of American troops from Iraq.

Speaking a day after the Democratic-controlled Congress approved legislation that requires that a troop drawdown begin by Oct. 1, Bush said - as he has before - he will veto it because of that demand. He invited congressional leaders to come to the White House to discuss a new piece of legislation that would not include a timetable, and expressed hope a deal could be reached.

But he made clear that if Democrats insist on including timetables again, he will not hesitate to bring out his veto pen.

``If they want to try again that which I've said is unacceptable, of course I won't accept it,'' the president said during a news conference here with Japanese Prime Minister Shinzo Abe. ``I hope it won't come to that.''

Passage of the Iraq spending legislation in both houses was not by big enough margins to override a presidential veto. So lawmakers and the White House immediately began talking about a follow-up bill.

Democratic leaders said they hoped to have one ready by June 1. Several Democratic officials have said the next measure likely will jettison the withdrawal timetable, but may include consequences if the Iraqi government does not meet certain benchmarks, such as expanding democratic participation and allocating oil resources.

Bush has set benchmarks for the Iraqi government, but has steadfastly opposed attaching any timeframe to them or requiring any actions if they are not met.

Senate leaders said Friday that the bill approved Thursday should go to Bush early next week. The White House has not said whether Bush plans a quiet veto or a public ceremony. Spokeswoman Dana Perino said it was unlikely that Bush would use a Tuesday trip to the Tampa, Fla.-based headquarters of Central Command, which oversees military operations in the Middle East, including Iraq, for the veto.



Monroe County pays $440,000 in jail corruption suit
Lawyer Blog News | 2007/04/28 08:55

A Monroe County Sheriff’s deputy, who alleged in a lawsuit that the jail operation was beset by corruption, has received a $200,000 settlement to resolve the lawsuit.

The county paid another $240,000 to an outside law firm which handled the litigation, which was settled last year.

The county paid the settlement to Deputy Thomas Zembiec, county officials confirmed today.

In a 2004 lawsuit, Zembiec alleged that jail payrolls were falsified so workers were paid for time they didn’t work; that some jail workers possessed and used drugs; and that some high-ranking officials and other jail workers consorted with "temporarily released inmates and persons with criminal backgrounds in order to make money and receive free services."

Zembiec alleged that he was transferred from his job at the downtown jail to the Brighton facility to silence his complaints about corruption at the jail.

He claimed that two nurses at the downtown jail accused him of sexual harassment, and those charges were the official reason for his transfer.



Senate bill would bar terrorism suspects from buying guns
Lawyer Blog News | 2007/04/28 08:00

US Sen. Frank Lautenberg (D-NJ) Thursday introduced a bill to restrict gun sales to terror suspects. S. 1237 would give the US attorney general the power and discretion to block gun sales to people listed as suspected terrorists. Under the bill, potential buyers who were denied firearms could appeal that decision to the attorney general. The bill has been endorsed by the Department of Justice, although DOJ leaders stressed that there still might exist situations in which suspected terrorists would be allowed to purchase guns, for example if denying a suspect a gun would tip them off that they were under investigation and would thus hamper intelligence gathering.

Under current law, terrorism suspects can still buy firearms if background checks show they are not convicted felons, illegal immigrants or suffering from mental illness.



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