When is a debt collector not collecting a debt? Apparently when the collector has purchased the debt for collection. This week a unanimous Supreme Court held that debt purchasers– companies that buy debt from credit card companies and others, and then try to collect that debt by calling/harassing consumers– do not fall within the definition of a…
On Wednesday the Tenth Circuit issued a mixed-bag opinion for the burgeoning marijuana industry. Beginning with bad news for the industry: the decision in Safe Streets Alliance v. Hickenlooper struck a blow in holding that a landowner adjacent to a state licensed marijuana grow operation had a plausible claim under the federal Racketeer Influenced and Corrupt Practices Act (“RICO”). The…
A Tulsa County District Court Judge has entered judgment for $2,000,000.00 against former Oklahoma Highway Trooper, Sheldon Robinson, in the death of Michael Swatosh. Robinson killed Swatosh after an encounter on a motel stairway in Tulsa, Oklahoma. Robinson claimed he shot Swatosh in self-defense, but an investigation revealed inconsistencies in Robinson’s explanations. The Oklahoma Highway Patrol terminated…
The 2017 SuperLawyers recently published their list of attorneys for Oklahoma and once again it includes attorneys from Bryan & Terrill. Started in 2011, Bryan & Terrill handles a broad spectrum of personal injury claims. The firm is also a recognized leader in the area of civil rights. In 2013, the attorneys at Bryan & Terrill…
Schools and campuses are supposed to be a place where students can learn and should feel safe. Unfortunately, that is not always the case. Whether it is the school or college’s reputation or the fear of repercussions based upon an investigation, a problem is growing on campuses everywhere. Sexual violence on campuses is going unreported by…
Can a police officer violate the Fourth Amendment by shooting your dog? On Monday the Tenth Circuit joined a growing number of appellate courts that have answered the question in the affirmative. In Mayfields v. Bethards, two deputies left their patrol car, entered the Mayfield’s property without a warrant, approached the porch and shot their Malmute…
On Tuesday the Tenth Circuit issued its opinion in Estate of Reat v. Rodriguez, where a 911 operator continually failed to dispatch help to a motorist who was under attack. The operator actually instructed the motorist to return to the area of the attack, which resulted in the motorist’s shooting death. In detailing the facts,…
In a recent decision from the United States District Court for the Northern District of Oklahoma, the court held that the Oklahoma state constitutional right recognized in Bosh v. Cherokee County Governmental Building Authority, 335 P.3d 904 (Okla. 2013) applies beyond the four walls of a county jail. In other words, Oklahoma’s state constitutional right…
Who is responsible for ensuring that an arrestee receives a probable cause hearing before a judge within 48 hours of his or her arrest? In Wilson v. Ortiz, the Tenth Circuit concluded that it depends upon state law, but liability may rest with the arresting officer. In Wilson, the Tenth Circuit analyzed the failure to…
The numbers regarding suicide by cop are shocking. Forensic pathologist Dr. Kris Mohandie published a study of officer-involved shootings that occurred between 1998 and 2006 in the Journal of Forensic Science. Mohandie determined that of 707 officer involved shooting incidents, 36 percent resulted from suicide by cop situations. More problematic is that 97% of these…
