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Idaho inmates settle lawsuit over prison violence
Legal Career News | 2011/09/21 16:15
A potential class-action lawsuit against the nation's largest private prison company over allegations of violence at the Idaho Correctional Center has been settled in federal court.

The agreement between the inmates and Nashville, Tenn.-based Corrections Corporation of America was filed Tuesday in U.S. District Court in Boise.

In it, CCA doesn't acknowledge the allegations but agrees to increase staffing, investigate all assaults and make other sweeping changes at the lockup south of Boise. If the company fails to make the changes, the inmates can ask the courts to force CCA to comply.

The inmates, represented by the American Civil Liberties Union, sued last year on behalf of everyone incarcerated at the CCA-run state prison. They said the prison was so violent it was dubbed "Gladiator School," and that guards used inmate-on-inmate violence as a management tool and then denied prisoners medical care as a way to cover up the assaults.

CCA has denied all the allegations as part of the settlement, but the agreement is governed under a section of the Prison Litigation Reform Act which only applies in cases in which prisoners' constitutional rights have been violated.


2 Texas voting maps don't meet federal law
Legal Career News | 2011/09/20 13:45

The U.S. Department of Justice said in a court filing Monday that Texas' new voting maps for Congress and for the Texas House do not meet federal anti-discrimination requirements, setting up a legal battle that will decide the landscape of future elections in the state.

The case, which involves the election districts drawn by the Republican-led Texas Legislature, will likely be decided by a federal court in Washington, D.C.

District boundaries are redrawn every 10 years to reflect changes in census data. Any changes to Texas' voting practices must be cleared by a federal court or the Justice Department to ensure changes do not discriminate based on race or color.

The Justice Department took issue with the maps for Congress and the Texas House, but it agreed with the state attorney general that maps for the Texas Senate and State Board of Education met requirements under the federal Voting Rights Act. But the Justice Department reiterated that the court would have to make its own determination on the education board and Senate maps.

The agency denied that the congressional and House plans maintain or increase the ability of minority voters to elect their candidate of choice, as required by federal law. The Voting Rights Act requires map drawers to give special protection to districts that contain mostly minorities.



Illinois high court hears police torture arguments
Legal Career News | 2011/09/15 17:59

Illinois Supreme Court justices questioned prosecutors Thursday about evidence in the rape conviction of a man who says he was tortured into confessing by Chicago police officers.

In oral arguments in a case with potentially far-reaching impact on how Illinois deals with police torture cases — and one that could lay the groundwork for similar appeals by as many as 20 other inmates — prosecutors argued that the state had enough evidence to convict inmate Stanley Wrice without the confession he claims to have given only after being tortured by officers under the command of notorious Lt. Jon Burge 30 years ago.

But the justices pressed Special Prosecutor Myles O'Rourke about the strength of the state's other evidence, noting that there was no DNA or fingerprints introduced at trial when Wrice was convicted.

Wrice is asking the high court for a new hearing on his long-standing torture claims. The outcome of the case is being closely monitored by about 20 other inmates who say Burge's officers forced them to confess to crimes they didn't commit, and lawyers and experts say the case could lay the groundwork for similar appeals by those inmates.

In her appearance before the court, Wrice attorney Heidi Lambros made an impassioned plea to the justices to take a stand against "the very bad blight from Jon Burge and these torture cases."

"This court should not tolerate the torture of its citizens within its walls," Lambros said.

Burge is serving a 4 ½-year sentence in federal prison following his conviction last year of perjury and obstruction of justice for lying in a civil suit when he said he'd never witnessed or participated in the torture of suspects.



Hawks owner settles malpractice suit with law firm
Legal Career News | 2011/09/14 16:59
The group that owns the Atlanta Hawks and recently sold the Atlanta Thrashers has settled a $195 million legal malpractice lawsuit against the law firm King & Spalding.

Tweet ShareThis The Atlanta Spirit, which sold the Thrashers to a Canadian group in June and has an agreement to sell a majority stake in the Atlanta Hawks, settled the complaint last week, said attorneys involved in the dispute. The terms of the deal are confidential and attorneys for both sides said they are pleased the dispute was amicably resolved.

The ownership group had claimed that the law firm cost it about $195 million with a "fatally flawed contract" that prevented it from selling off the city's NHL franchise team earlier.

The lawsuit filed in Fulton County Superior Court claimed that the owners have been negotiating to sell the Thrashers for six years, but were thwarted by a contentious split with Boston-based co-owner Steve Belkin. That dispute was finally settled in December when his shares were bought out.

Atlanta Spirit, though, contends that the fight with Belkin would have ended in August 2005 if King & Spalding hadn't negotiated a botched contract and doled out advice that was "poorly considered, self-interested, and, in many cases, blatantly wrong."

Belkin split with the group in 2005, after he objected to the Hawks' trade of Boris Diaw, two first-round draft picks and a $4.9 million trade exception to the Phoenix Suns for guard Joe Johnson, who had agreed to a $70 million contract.


Obama picks more females, minorities for judges
Legal Career News | 2011/09/13 15:33
President Barack Obama is moving at a historic pace to try to diversify the nation's federal judiciary: Nearly three of every four people he has gotten confirmed to the federal bench are women or minorities. He is the first president who hasn't selected a majority of white males for lifetime judgeships.

More than 70 percent of Obama's confirmed judicial nominees during his first two years were "non-traditional," or nominees who were not white males. That far exceeds the percentages in the two-term administrations of Bill Clinton (48.1 percent) and George W. Bush (32.9 percent), according to Sheldon Goldman, author of the authoritative book "Picking Federal Judges."

"It is an absolutely remarkable diversity achievement," said Goldman, a political science professor at the University of Massachusetts at Amherst, who is only counting judges once, even if they fit more than one category.

The White House recently has been touting its efforts to diversify the federal bench during Obama's tenure, now approaching three years in office.

The president won Senate confirmation of the first Latina to the Supreme Court, Justice Sonia Sotomayor. With the confirmation of Justice Elena Kagan, he has put three women on the high court for the first time. The Obama administration also nominated and won confirmation of the first openly gay man to a federal judgeship: former Clinton administration official J. Paul Oetken, to an opening in New York City.

"All of us can be proud of President Obama for taking this critical step to break down another barrier and increase diversity in the federal judiciary," Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, said upon Oetken's confirmation.


Judge delays case involving FBI's GPS tracking
Legal Career News | 2011/09/13 13:32
A federal judge is delaying a college student's lawsuit against the FBI for putting a GPS tracking device on his car without a warrant.

The student, Yasir Afifi of San Jose, Calif., asked for the delay until the Supreme Court decides a related case. The high court plans to hear arguments in the next term over the case of Washington nightclub owner Antoine Jones, convicted of operating a cocaine distribution ring. An appeals court threw out Jones' life sentence because police tracked his Jeep for a month by GPS without a warrant.

Other courts have upheld the use of warrantless GPS tracking.

The FBI admits it put the GPS on Afifi's car, but won't publicly reveal why. The Egyptian-American student says he never did anything to attract the FBI's attention.


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