These cases are not yet final, but bear close watching due to their potential impact on law enforcement. Ideally, once the case becomes final, the blurb about the case will move to the case update list, but I am not always ideal and you may occasionally find cases lurking on both lists.
Lewis v. City of Chicago, IL, 556 U.S. ___, ___ S.Ct. ___, ___ L.Ed.3d ___ (No. 08-974, to be argued 02/22/10). Petitioners, Arthur L. Lewis, Jr., et al. ("Lewis"), a group of African Americans who applied to become firefighters in Chicago sued the city under the Civil Rights Act of 1964, claiming Chicago's use of an eligibility test had a disparate racial impact on African Americans, effectively resulting in employment discrimination. The plaintiffs won their discrimination lawsuit in the federal district court, but the Seventh Circuit reversed on the basis that the claim had not been filed within the 300-day filing period for employment discrimination claims. The Court held that the filing period began at the time that the applicants were informed of the results of the test. This case presents the Court with the opportunity to determine whether the subsequent use of the results of an eligibility test with disparate racial impact qualifies as a discretely new violation of the Civil Rights Act that would begin anew another 300-day filing period.
State v. Ernesti, ___ Kan. ___, ___ P.3d ___ (No. 09-101925-A, argued 12/07/09). State's appeal from DG county District Judge Paula Martin's ruling that due to new KDHE regulations issued in March 2008, previously certified instruments became "uncertified."
Estate of Chris Cooper v. Wilfrito Pulholtz, City of Independence, Paramedics, etc., et al. Profiled on KCTV 12/17/08. Case against Independence Police Department who was chasing Pulholtz when he ran over Cooper and killed him. Cooper 17, was riding a bicycle at Noland Road at Osage on 11/08/07. Alleges police were negligent by violating chase policy, were reckless in failing to provide proper medical care, and joking about Cooper.
City of Newark v. Betty Lucas, ___ Oh. ___ (Case No. Unknown. Case profiled in New York Times 5/30/03 - according to a website the Ohio Supreme Court reversed the conviction on 9/24/03). Ohio Supreme Court to consider whether city can prosecute for complicity in violation of a restraining order. Ms. Lucas had a protective order issued for her benefit after several domestic situations. She invited her ex-husband Joseph to a birthday party for one of their children. They started drinking and then fighting, and soon they were explaining themselves to the police. She was convicted of domestic violence and violating the restraining order and received a 90 day suspended jail sentence and two years probation. Joseph was convicted of violating the restraining order and received a 90 day suspended jail sentence and paid a fine of $100. An appeals court in Canton affirmed that decision last year, holding that Ms. Lucas had "recklessly exposed herself to the offender from whom she has sought protection." The appeals court decision broke new ground, said Cheryl Hanna, an expert in domestic violence law who teaches at Vermont Law School. "This is the first case," Professor Hanna said, "in which a court has held that it's allowable for the state to charge a woman with aiding and abetting her abuser in violating a restraining order."
Briscoe v. Virginia, 556 U.S. ___, ___ S.Ct. ___, ___ L.Ed.3d ___ (No. 07-11191, scheduled for argument: Jan. 11, 2010). This case involves how a state can comply with the Confrontation Clause when presenting certificates of forensic analysis into evidence, rather than having the forensic analyst testify to the results of the evidence testing. In June 2009, the Supreme Court held in Melendez-Diaz v. Massachusetts that certificates of analysis must be accompanied by an opportunity to cross-examine the forensic analyst who prepared the report. However, Virginia Code Sections 19.2-187 and 19.2-187.1 allow for a defendant to question a forensic analyst at trial by calling him as a defense witness. Petitioners Mark Briscoe and Sheldon Cypress argue that this violates Melendez-Diaz and the Confrontation Clause by shifting the burden to the defendant and creating a waiver of a constitutional right through inaction. Virginia claims that the scheme is constitutional because the defendants are on notice of the charges against them and may still call the forensic analyst as a witness themselves. This case could affect trial strategy and the cost of presenting forensic evidence, as well as provide an opportunity for the Court to examine the recent 5-4 Melendez-Diaz v. Massachusetts decision, where recently retired Justice David Souter cast a deciding vote.
Snyder v. Phelps, 556 U.S. ___, ___ S.Ct. ___, ___ L.Ed.3d ___ (No. 09-751, cert. granted 03/08/10). Justices to rule whether First Amendment protects military funeral protests. The justices will hear an appeal from the father of a Marine killed in Iraq to reinstate a $5 million verdict against the protesters, after they picketed outside his son's funeral in Maryland. A jury awarded Albert Snyder damages for emotional distress and invasion of privacy, but the 4th Circuit reversed, saying the signs contained "imaginative and hyperbolic rhetoric" protected by the First Amendment.
Croddy v. United States, ___ F.3d ___ (D.C. 2000). Suit challenges the FBI's use of polygraph for pre-employment screening. Requests declaratory judgment.
C.L. Trustees v. Lockheed Martin, San Diego Superior Court case no. GIC773619. Class action lawsuit against red light camera contractor was certified in March 2003 in San Diego The municipal agencies contract with ACS (formally Lockheed Martin IMS) to administer thus program. Attorney for the contractor ACS, Chris Lui of O'Melveny & Myers (213) 430-6112.
Mayfield v. Federal Bureau of Investigation, Case No. and District unknown. Profiled in the Topeka Capital Journal on October 5, 2004. The Portland lawyer mistakenly arrested by the FBI in the Madrid train bombings sued the U.S. government Monday, claiming his rights were trampled on because of his Muslim faith. Brandon Mayfield, a 38-year-old convert to Islam, is seeking unspecified damages and a ruling that key provisions of the Patriot Act are unconstitutional. Mayfield is a Kansas native and graduate of the Washburn University School of Law. He accused the government of violating his civil liberties by wiretapping his Oregon home and filing misleading affidavits to justify his two-week imprisonment. "The Patriot Act goes way too far in taking away our privacy and freedom as U.S. citizens," Mayfield told The Topeka Capital-Journal in a May interview. "Not even a 'war on terror' allows the federal government to deprive U.S. citizens of their constitutionally protected rights," Mayfield's attorneys said in a statement.
United States v. O'Brien, 556 U.S. ___, ___ S.Ct. ___, ___ L.Ed.3d ___ (No. 08-1569, to be argued 02/23/10). Respondents, Arthur Burgess and Martin O'Brien, pled guilty to a variety of criminal charges, including possession of a firearm in furtherance of a violent crime. At sentencing, the judge determined that he could not apply a thirty-year mandatory minimum sentence because the government had not proven beyond a reasonable doubt that defendants had possessed an automatic weapon during the crime. Petitioner, the United States, contends the judge could have found possession by a preponderance of the evidence as a sentencing factor and applied the thirty-year sentence enhancement. Respondents, Burgess and O'Brien, argue that the government must prove possession to a jury beyond a reasonable doubt as an element of the crime.
Phalp v. City of Overland Park, ___ F.Supp. ___ (D. Kan., Case No. Unknown 2000). Plaintiffs allege Overland Park police failed to protect their daughter when they took no action after 17-year old Aubrey Phalp reported a threat and/or attack by four men. Plaintiffs claim police told Phalp she was not credible because she suffered from bipolar disorder and was not taking her medication. Todd Miller Deal was convicted of premeditated first-degree murder and is serving a life sentence for Phalp's death. Case Profiled in 10 K.L. 377, 378 (Week of Aug. 6-12, 2000).
Tichenor v. Scurlock, Shawnee Co. Case no. 09-C-799. The City of Topeka has been sued by an individual who was handcuffed by a TPD officer by putting him on the ground and cuffing him behind his back after fleeing and eluding (although he was not charged with that). The officer, in doing so, placed his knee too high on the young man's shoulder and it slipped off, hitting the man's jaw and breaking it. The claim is in state court on negligent use of force, and it survived an early summary judgment motion.
Village of Dolton, Illinois v. Taser International, 05-C-4126 (Northern District of Illinois, ED). Class action complaint filed 7/18/05 alleging that Taser products are unsafe.
Revised July 15, 2010
John J. Knoll