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Failure to protect an inmate from attack

We previously wrote here about the law regarding the failure of a prison to protect an inmate from suicide. Today, we look at a case regarding the failure to protect an inmate from an attack by another inmate. Torres v. Livingston On August 24, 2020, the United States Court of Appeals for the Fifth Circuit [..]

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Were you raided by ICE?

Raided by ICE? Immigration and Customs Enforcement The United States Immigration and Customs Enforcement is the branch of the government that has authority across all the States to enforce the deportation of people who are not citizens, or do not have any license to be in the United States (known commonly as “work visa” or [..]

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Partition of Heir Property by S. Craig Panter

Effective July 1, 2020, Mississippi adopted the Uniform Partition of Heir Property Act (the “Act”). The effect of the Act is to give a court (and parties appearing before the court) very specific guidelines for having property partitioned. There are two types of partition – – by sale and in kind. Partition by sale means [..]

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They have been locked up too long?

The right to counsel and a speedy trial during COVID-19; have they been locked up too long? Life during quarantine…  Covid-19 has changed everything. But… The Sixth Amendment to the United States Constitution STILL grants a right to a speedy trial.  The United States Supreme Court has interpreted the application of this law since its [..]

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Temporal proximity and Title VII retaliation

We previously wrote here about Title VII retaliation claims. Today we look at the specific concept of temporal proximity in retaliation claims. Scope of Title VII Title VII is a federal law that prohibits various forms of discrimination in the work place. In addition, Title VII prohibits retaliation against an employee who: opposed any practice [..]

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COVID 19 and Criminal Justice

COVID 19 and Criminal Justice How does Covid 19 (Corona virus) effect my criminal case? Once Coronavirus hit, many were concerned about the effect it had on all institutions. Family, church, jobs and employment. Also, what becomes of the incarcerated? In my personal experience, it has become hard for me to make an appointment at [..]

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Google Maps and judicial notice

The narrow focus of this post is on the ability to have the court take judicial notice of Google Maps and similar information from the internet. The law on judicial notice Rule 201(b) of the Mississippi Rules of Evidence allows a court to judicially notice a fact that is not subject to reasonable dispute because [..]

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A few pointers on venue

On August 6, 2020, the Mississippi Supreme Court issued its opinion in Taylor Construction Company, Inc. v. Superior Mat Company, Inc. In that opinion, the Court addressed the standards for determining when venue is proper in a particular county. The facts in that case are not particularly important. Instead, the case provides a good summary [..]

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State law claim for sex and age discrimination? Nope.

We previously wrote here about sexual harassment claims under federal law. As we noted, no Mississippi law prohibits such (unless the misconduct rises to the level of assault or battery). Has that changed? No. On August 6, 2020, in Southern Farm Bureau Life Insurance Company v. Thomas, the Mississippi Supreme Court rejected two employees’ efforts [..]

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Remedial actions in hostile workplace cases.

We previously wrote here and here about sexual harassment in the workplace. In this post, we explain how an employer can avoid a hostile work environment claim by taking prompt remedial action. The elements of a hostile work environment claim. To establish a hostile work environment/sexual harassment claim under Title VII, a plaintiff must show [..]

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