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Our Fourth Amendment Rights and Theft by Police

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…

What is “billed verses paid,” and why should I care?

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 accepts… read more…

Understaffing could factor into riot at CCA facility in Cushing, OK

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 as… read more…

Returned Mail Does Not Satisfy Due Process for Sale of Tax Deed

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 taxes…. read more…

HIV discrimination case moves to the full Tenth Circuit

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…

Drivers and Obstructed View: Who’s Responsible?

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…