Latest News5 Things Victims of Excessive Force Should Do
Posted in Civil Rights,Excessive Force,Jails and Prisons,Latest News,Negligence on February 15, 2016
If you’re the victim of excessive force, and you want to hold the person responsible for your injuries accountable for their actions, here’s a list of five things you should do immediately afterwards: Get immediate medical attention for your injuries Before doing anything, the victim of excessive force should have their injuries evaluated by a… read more…DUI conviction: Can I seal my court record?
Posted in Criminal Law,Latest News on January 25, 2016
DUI files are public records. Employers, co-workers, landlords, and friends can find records of a DUI conviction through simple searches or through more expensive backgrounds checks. But is there a way to seal those records? In Ober v. Okla. Dept. of Public Safety, (issued Jan. 5, 2016) the Oklahoma Court of Civil Appeals affirmed its… read more…What is “billed verses paid,” and why should I care?
Posted in Latest News,Negligence on October 4, 2015
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…Understaffing could factor into riot at CCA facility in Cushing, OK
Posted 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…Jury rules for mocked patient in defamation, medical malpractice suit
Posted in Latest News,Negligence on June 25, 2015
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…Returned Mail Does Not Satisfy Due Process for Sale of Tax Deed
Posted in Latest News on June 24, 2015
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…Just the facts; Supreme Court relaxes excessive force standard in jails
Posted in Latest News on June 23, 2015
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…HIV discrimination case moves to the full Tenth Circuit
Posted 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…Hilberling Video Raises 4th Amendment Privacy Questions
Posted in Latest News on April 13, 2013
Did Amber Hilberling have a reasonable expectation of privacy while sitting alone behind closed doors with her grandmother in a police interrogation room shortly after she pushed her husband out of their high-rise apartment? The trial judge ruled that she did not. If Hilberling appeals the verdict of second degree murder, the judge’s ruling will… read more…Challenge to Ordinance May Go Forward
Posted in Latest News on February 28, 2012
In January the United States District Court for the Western District of Oklahoma denied Oklahoma City’s motion to dismiss a facial and as applied challenge to its disorderly conduct statute. Eugene Volokah has weighed in over at the Volokah Conspiracy. Link here.