Posted on April 12, 2016 in Civil Rights,Excessive Force,Latest News
How long can police continue to use a Taser against a suspect? In a recent opinion from the Tenth Circuit, the court held that police must discontinue use of a Taser once a suspect is subdued. It further held the law in this regard is well-established. In Perea v. Baca, police responded to a 911 call about… read more…
Posted on March 21, 2016 in Civil Rights,Latest News
Can police ignore a “No Trespassing” sign planted in your front yard? What about twenty of them? Would ignoring the sign violate the Fourth Amendment’s prohibition against an unreasonable searches and seizure? The Tenth Circuit was recently called upon to answer this question in United States v. Carloss. In that case, police received a tip that… read more…
Posted on March 9, 2016 in Civil Rights,Criminal Law
Is lying to police about a driver’s conduct fairly attributable to employment duties as a parking enforcement officer? The Tenth Circuit was recently called upon to answer this question. In Schaffer v. Salt Lake City Corp., Diana Schaffer parallel parked in a no parking zone and ticketed by two parking enforcement officers. When Schaffer returned, the officers… read more…
Posted on March 8, 2016 in Civil Rights,Criminal Law,Excessive Force,Jails and Prisons,Latest News
An encounter with police, a jailer, or any other law enforcement, can be a stressful experience, even for innocent people. Here are 10 rules to remember if you are ever approached by a police officer: Remain respectful Always maintain the high road. Anything you do that could be perceived as disrespectful (even if lawful), will… read more…
Posted on February 16, 2016 in Civil Rights,Criminal Law,Latest News
Is it true that lie detector tests are not admissible evidence? The prevailing rule is that results of a polygraph are not admissible on the issue of credibility. Such a rule would jeopardize a suspects civil rights and presumption of innocence if the jury placed too much emphasis on the test results, which are subject… read more…
Posted on February 15, 2016 in Civil Rights,Excessive Force,Jails and Prisons,Latest News,Negligence
If you’re the victim of excessive force, and you want to hold the person responsible for your injuries accountable for their actions, here’s a list of five things you should do immediately afterwards: Get immediate medical attention for your injuries Before doing anything, the victim of excessive force should have their injuries evaluated by a… read more…
Posted on February 12, 2016 in Civil Rights,Excessive Force
A federal judge in Oklahoma City has concluded that a police officer can be individually liable for excessive force under the Oklahoma state constitution for actions taken outside the scope of their employment. Police brutality, depending on the degree and circumstances, may not fall within a police officer’s job duties. Consequently, a municipal employer of… read more…
Posted on February 11, 2016 in Civil Rights,Excessive Force
In wrongful death cases where police kill the only witness who could contradict their version of events, is the court required to accept the testimony of the police? The issue is not uncommon in excessive force cases that result in the death of the only person involved in the police-citizen encounter. But witness testimony is not the only evidence available… read more…
Posted on February 1, 2016 in Civil Rights
If the government publicizes false information about you or your business, do you have any recourse under the constitution? Is it defamation? The theory boils down to this: because a false or defamatory comment can harm the good name and reputation of a business (especially when uttered by the government), there must be some measure of due… read more…
Posted on January 25, 2016 in Criminal Law,Latest News
DUI files are public records. Employers, co-workers, landlords, and friends can find records of a DUI conviction through simple searches or through more expensive backgrounds checks. But is there a way to seal those records? In Ober v. Okla. Dept. of Public Safety, (issued Jan. 5, 2016) the Oklahoma Court of Civil Appeals affirmed its… read more…