Civil Rights
Court: police responsible for excessive force under Okla. constitutionPosted in Civil Rights,Excessive Force on February 12, 2016
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…
Police not entitled to last word in wrongful death casesPosted in Civil Rights,Excessive Force on February 11, 2016
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…
Defamation: is your reputation protected by the constitution?Posted in Civil Rights on February 1, 2016
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…
Police cannot recklessly ignore possibility of false confessionPosted in Civil Rights on January 22, 2016
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…
Our Fourth Amendment Rights and Theft by PolicePosted in Civil Rights on January 11, 2016
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…
Understaffing could factor into riot at CCA facility in Cushing, OKPosted in Civil Rights,Jails and Prisons,Latest News on September 13, 2015
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…
HIV discrimination case moves to the full Tenth CircuitPosted in Americans With Disabilities,Civil Rights,Discrimination,Latest News on June 18, 2015
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…
Are police responsible if their actions caused a use of force event?Posted in Civil Rights,Excessive Force on June 2, 2015
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…
Why the shooting of Eric Harris was not justifiedPosted in Civil Rights,Criminal Law,Excessive Force,Negligence on April 12, 2015
Last Friday, the Tulsa County Sheriff’s Department held a press conference to explain why the shooting of Eric Harris was justified and consistent with protocols. The department also released a video of the incident. While the video supports the claim that Harris was shot by a deputy who believed that he was using a Taser,… read more…
OU’s SAE Fraternity Faces Expulsion or SuspensionPosted in Civil Rights on March 10, 2015
Following the release of a short video which captured racially charged content in a fraternity chant, the Sigma Alpha Epsilon Fraternity at the University of Oklahoma is no more. Riding on a party bus, the chant was captured which included some disturbing racial slurs including “there will never be a n—– in SAE.” The actions… read more…