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Appeals court weighs suit in US Marshals shooting
Law Firm Press |
2015/01/30 10:59
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An appeals court is deciding whether deputy U.S. marshals who shot and wounded a teenage driver eight years ago may be sued in federal court, a case that's unfolding amid a national debate about police use of force and the legal protections afforded to law enforcement.
The U.S. Court of Appeals for the District of Columbia Circuit heard arguments last month and could issue an opinion soon.
The case of driver Michael Fenwick raises questions about how police can deal with fleeing individuals and the role video should play in analyzing a police pursuit. A case that presented similar issues was decided by the U.S. Supreme Court last year after fascinated justices watched dashboard camera video of the chase.
The key issue for the appeals court is whether the deputies are entitled to qualified immunity, a legal principle that shields government officials from being sued unless their actions violate clearly established constitutional rights. A lower-court judge in 2013 allowed the case to go forward, saying there were legitimate questions about whether excessive force was used, but rejected many other arguments from Fenwick's lawyer.
An appeals court ruling in favor of the marshals would end the case. But if the judges prove sympathetic to arguments that the shooting was unjustified, the case would be returned to the trial court, where it could ultimately reach a jury and add to a body of law that is still developing. That's a potentially heavy legal burden, given past court decisions that give law enforcement leeway in firing at fleeing suspects if they feel endangered. |
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Massachusetts Real Estate Attorney
Law Firm Press |
2014/11/11 14:54
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For more than 30 years, Attorney Alan H. Segal has been lending legal
expertise to the Greater Boston Massachusetts area from his Needham,
Massachusetts Law Office. With great attentiveness, Alan and his
associates have given legal consultation in business law, estate
planning, and Massachusetts real estate law.
You can find Alan on the radio, cable, and local television sharing
his ideas about current legal news. Navigating your way through the
legal system can be a confusing and difficult task. He and his staff
know that and want to be there for you as "YOUR LAWYER".
To visit the Law Office of Alan H. Segal, head to the intersection of
Highland Ave and Route 128/95 on the Newton / Needham border, next to
Staples.
Attorney Alan H. Segal has been known as a renowned Massachusetts real
estate attorney for over 30 years. Sellers, buyers, and lenders of
Massachusetts real estate property are all represented by his
practice.
It is prudent to seek the guidance of a real estate agent like Alan to
help with all real estate home buying in Massachusetts, as all such
transactions have legal issues and tax consequences.
If you need an experienced Massachusetts real estate attorney contact
us today for a free and confidential consultation!
If you require an experienced real estate attorney in Massachusetts,
contact us today! The consultation is confidential and free!
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Court: No blanket exemption for police dashcams
Law Firm Press |
2014/06/13 12:13
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The state Supreme Court has ruled that state dashboard cameras can't be withheld from public disclosure unless they relate to pending litigation.
Five of the high court's members said Thursday that the Seattle Police Department wrongly used a state statute as a blanket exemption to the state's public records act when it denied providing dashboard camera videos to a reporter with KOMO-TV. Their ruling overturns a 2012 King County Superior Court judge's ruling that said the department could withhold the videos for three years.
The majority awarded KOMO attorney fees and sent the case back to the lower court.
Four justices argued that the statute was clear that that the recordings should not be released to the public until completion of any criminal or civil litigation. |
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Top court rejects bail plea of Indian tycoon
Law Firm Press |
2014/06/06 15:01
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India's Supreme Court Wednesday rejected an appeal by an Indian tycoon accused of a multibillion dollar fraud to be released from jail and allowed house arrest.
Subrata Roy, head of the Sahara India conglomerate, has been jailed since March 4 on charges that his company failed to return billions of dollars to investors. Bail was earlier set at $1.68 billion and the company has struggled to raise the funds.
India's securities regulator has accused Sahara India of raising nearly 200 billion rupees ($3.2 billion) through bonds that were later found to be illegal.
Sahara is well known throughout India because it sponsors the Indian cricket team. The company also sponsors the Indian hockey team and owns a stake in Formula One racing team, Force India.
The company has interests in microfinance, media and entertainment, tourism, health care and real estate, including New York's landmark Plaza Hotel and London's Grosvenor House.
The court Wednesday allowed the Sahara group to sell properties in nine Indian cities after the company said it had not succeeded in raising the $1.68 billion needed to obtain bail for Roy.
The court had earlier rejected a proposal by the company to pay bail in instalments. |
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