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Court unlikely to allow private prison to be sued
Legal News |
2011/11/02 08:45
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The Supreme Court seemed unlikely on Tuesday to allow employees at a privately run federal prison to be sued by an inmate in federal court, despite his complaint that their neglect left him with two permanently damaged arms.
Justices heard appeals from lawyers representing employees of the GEO Group, formerly known as Wackenhut Corrections Corp, who work at the privately run Taft Correctional Institution in Taft, Calif. The 9th U.S. Circuit Court of Appeals had ruled inmate Richard Lee Pollard could sue GEO officials for his treatment after he fell and fractured both of his elbows.
Pollard said GEO officials put him in a metal restraint that caused him pain, and refused to provide him with a splint, making his injuries worse and causing permanent impairment. He sued in federal court for money, claiming GEO officials had violated the Eighth Amendment prohibition on cruel and unusual punishment.
The federal appeals court allowed his lawsuit against the GEO officials to move forward. Courts normally don't allow government employees to be sued in those types of lawsuits, but the high court has authorized some if constitutionally protected rights have been violated by the federal employee and there is no state court remedy. |
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High court avoids dispute over highway crosses
U.S. Court News |
2011/11/01 08:39
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The Supreme Court won't hear an appeal of a ruling that 12-foot-high crosses along Utah highways in honor of dead state troopers violate the Constitution.
The justices voted 8-1 Monday to reject an appeal from Utah and a state troopers' group that wanted the court to throw out the ruling and take a more permissive view of religious symbols on public land.
Since 1998, the private Utah Highway Patrol Association has paid for and erected more than a dozen memorial crosses, most of them on state land. Texas-based American Atheists Inc. and three of its Utah members sued the state in 2005.
The federal appeals court in Denver said the crosses were an unconstitutional endorsement of Christianity by the Utah state government.
Justice Clarence Thomas issued a 19-page opinion dissenting from Monday's order. Thomas said the case offered the court the opportunity to clear up confusion over its approach to disputes over the First Amendment's Establishment Clause, the prohibition against governmental endorsement of religion. |
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High court reinstates 'shaken baby' conviction
Court News |
2011/10/31 08:38
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The Supreme Court has again reinstated the conviction of a California woman for shaking her 7-week-old grandson to death, a final ruling that ends a protracted dispute with the federal appeals court in San Francisco.
The justices voted 6-3 Monday to reverse the 9th U.S. Circuit Court of Appeals' ruling in favor of Shirley Ree Smith. The appeals court had three times set aside Smith's conviction, saying the case likely was a miscarriage of justice. The appeals court said there was no demonstrable support for the prosecution's theory of the case.
But the high court said that even though doubts about Smith's guilt are understandable, the appeals court should have deferred to state courts that upheld Smith's conviction.
Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor dissented.
Ginsburg, writing for the dissenters, said the court should have passed up the chance to teach the 9th Circuit a lesson in a tragic case.
What is now known about shaken baby syndrome casts grave doubt on the charge leveled against Smith; and uncontradicted evidence shows that she poses no danger whatever to her family or anyone else in society, Ginsburg said. |
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Chavez orders more land taken from British firm
Legal Line News |
2011/10/30 08:38
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Venezuela's president on Sunday ordered the expropriation of 716,590 acres belonging to a British-owned company amid a disagreement over compensation for earlier takeovers of ranchland from the firm.
President Hugo Chavez announced the latest seizure after saying that Venezuela refuses to pay compensation in foreign currency to Agropecuaria Flora, a local subsidiary of the British company Vestey Group.
Chavez said the government had received a demand from the company that it be paid in dollars for the previous seizure of tens of thousands of acres. But the government insists in paying in bolivars, Venezuela's currency.
It's difficult for foreign companies operating in Venezuela to repatriate profits and other income in bolivars due to foreign currency controls in the South American country.
Representatives of Agropecuaria Flora did not answer telephone calls seeking comment Sunday.
Venezuela's expropriation of farm and ranch lands began in earnest in 2005, with the government employing a 2001 law allowing it to seize lands deemed idle or not adequately used. |
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