Posted on June 8, 2017 in Criminal Law
On Wednesday the Tenth Circuit issued a mixed-bag opinion for the burgeoning marijuana industry. Beginning with bad news for the industry: the decision in Safe Streets Alliance v. Hickenlooper struck a blow in holding that a landowner adjacent to a state licensed marijuana grow operation had a plausible claim under the federal Racketeer Influenced and Corrupt Practices Act (“RICO”). The… read more…
Posted on June 6, 2017 in Negligence
A Tulsa County District Court Judge has entered judgment for $2,000,000.00 against former Oklahoma Highway Trooper, Sheldon Robinson, in the death of Michael Swatosh. Robinson killed Swatosh after an encounter on a motel stairway in Tulsa, Oklahoma. Robinson claimed he shot Swatosh in self-defense, but an investigation revealed inconsistencies in Robinson’s explanations. The Oklahoma Highway Patrol terminated… read more…
Posted on June 6, 2017 in Latest News
The 2017 SuperLawyers recently published their list of attorneys for Oklahoma and once again it includes attorneys from Bryan & Terrill. Started in 2011, Bryan & Terrill handles a broad spectrum of personal injury claims. The firm is also a recognized leader in the area of civil rights. In 2013, the attorneys at Bryan & Terrill… read more…
Posted on March 8, 2017 in Jails and Prisons
According to reports, Sheriff Rick Miller, the Undersheriff, and the Jail Administrator have all turned in their resignations. The resignations are surprising given the relative importance of the three positions, both individually and collectively. In most counties, the Board of County Commissioners relies on the Jail Administrator to keep it apprised of jail operations, including use of… read more…
Posted on February 17, 2017 in Criminal Law,Negligence
Schools and campuses are supposed to be a place where students can learn and should feel safe. Unfortunately, that is not always the case. Whether it is the school or college’s reputation or the fear of repercussions based upon an investigation, a problem is growing on campuses everywhere. Sexual violence on campuses is going unreported by… read more…
Posted on July 5, 2016 in Latest News,Negligence
As we wrap up another July 4th celebration, most of us are a little sluggish the next day due to fireworks continuing late into the night. For others, the long term consequences of their July 4th celebrations are far more serious with long lasting injuries. The vast majority of fireworks injuries occur where an individual inadvertently… read more…
Posted on June 29, 2016 in Civil Rights,Latest News
This month the City of Checotah settled a case alleging its police officer unlawfully extended a traffic stop in violation of Rodriguez v. United States. In Rodriguez the Supreme Court held that police cannot prolong a routine traffic stop to conduct an investigation that is unrelated to the mission of the stop itself. In other… read more…
Posted on June 21, 2016 in Civil Rights,Latest News
Can a police officer violate the Fourth Amendment by shooting your dog? On Monday the Tenth Circuit joined a growing number of appellate courts that have answered the question in the affirmative. In Mayfields v. Bethards, two deputies left their patrol car, entered the Mayfield’s property without a warrant, approached the porch and shot their… read more…
Posted on June 2, 2016 in Civil Rights,Jails and Prisons,Latest News
In an opinion released today in Wright v. Stanley, the Tenth Circuit held that a jury could find that two jailers acted recklessly when they placed an arrestee into an already overcrowded cell while they looked for another place for him. The inmates in the cell told the jailers that five minutes “won’t work.” After… read more…
Posted on June 1, 2016 in Civil Rights,Latest News
On Tuesday the Tenth Circuit issued its opinion in Estate of Reat v. Rodriguez, where a 911 operator continually failed to dispatch help to a motorist who was under attack. The operator actually instructed the motorist to return to the area of the attack, which resulted in the motorist’s shooting death. In detailing the facts,… read more…