Posted on January 22, 2016 in Civil Rights
Are police liable under the Fourth Amendment where they seek an arrest based on a confession they either knew was untrue or recklessly ignored that possibility? In Sanchez v. Hartley, the Tenth Circuit answered that question in the affirmative. The case arises from a burglary and sexual assault where police interrogated Mr. Sanchez, an18-year-old with… read more…
Posted on January 11, 2016 in Civil Rights
If police officers steal items during a search, does that theft render the search invalid under the Fourth Amendment? Not according to the Tenth Circuit. In United States v. Webster, police officers stole an iPhone, a PlayStation gaming system, 100 dollars in cash, and a Flip Camcorder during a warrant search for drugs. The victim, (the subject of… read more…
Posted on October 4, 2015 in Latest News,Negligence
People who seek medical treatment after an accident from a motor vehicle collision, a slip and fall, or some other misfortune causing injury, will quickly realize that insurance companies attempt to reduce their responsibility under a theory known as “Billed versus Paid.” In a nutshell, “Billed vs. Paid” boils down to the amount a medical provider… read more…
Posted on September 13, 2015 in Civil Rights,Jails and Prisons,Latest News
CCA has confirmed that a riot errupted on Saturday afternoon inside a housing unit at the Cimarron Correctional Facility located in Cushing, OK. Three men died during the incident, while five others were transported to a local hospital. Subsequent reports state that one of those men has also died. The Cushing facility houses inmates classified… read more…
Posted on June 25, 2015 in Latest News,Negligence
A jury in Virginia has ruled in favor of a patient who was mocked by his physician during a colonscopy. The patient recorded the incident in April 2013 using his smartphone while being prepped for the procedure. His intent was to capture the doctor’s post-operation instructions, but he forgot to turn off the device. The… read more…
Posted on June 24, 2015 in Latest News
How much notice is required to a property owner before the state can sell his land for the delinquent taxes? In a recent opinion, the Oklahoma Supreme Court held that mere compliance with state statutes was not sufficient to satisfy constitutional due process. See Crownover v. Keel. In that case, a county sold real property for nonpayment of… read more…
Posted on June 23, 2015 in Latest News
What must an arrestee prove to prevail on a claim of excessive force against a jailer? Is he required to show that the jailer used force against him with malicious and sadistic intent? Or is it sufficient to show that the force used was unreasonable under the circumstances? You can access our previous coverage here…. read more…
Posted on June 18, 2015 in Americans With Disabilities,Civil Rights,Discrimination,Latest News
Can a jail intentionally discriminate against an arrestee because of his HIV status? In 2012, the Payne County Jail in Stillwater, Oklahoma moved an HIV positive arrestee from general population to solitary confinement “due to his HIV status.” Unlike detainees in general population, people held in solitary confinement at the Payne County Jail are locked… read more…
Posted on June 2, 2015 in Civil Rights,Excessive Force
When police create a situation that causes a need to use force, can the police be held responsible for their actions– even if the the ultimate use of force was appropriate? The short answer is, yes. Where police act recklessly, and that conduct results in the need to use force against another person, the police… read more…
Posted on May 30, 2015 in Negligence
We’ve all experienced that anxious moment when a sign, bush or pole has obstructed our view of oncoming traffic as we try to negotiate a turn from a business or side street. While most accidents are avoided, the obstruction is a hazard that can contribute to accidents with serious injuries. If you believe you were… read more…