We previously wrote here about the concept of qualified immunity in civil rights lawsuits. Often, qualified immunity will protect a government official in such suits. Today we look at the question of whether qualified immunity extends to non-governmental employees. That question was recently addressed by the United States Court of Appeals for the Fifth Circuit [..]
We previously wrote here about claims for age discrimination in employment. As we explained: When an employee brings an age discrimination claim under the ADEA based only on circumstantial evidence, federal courts employ the McDonnell Douglas three-step burden-shifting framework. First, the employee must prove a prima facie case of discrimination. In a typical case, this [..]
We previously wrote here about Section 1983 claims. In summary, Section 1983 is a federal statute that allows a person to sue for violations of certain federal rights. In this post, we write about the application of Section 1983 to federal regulations. What does Section 1983 state? This law allows a person to sue for [..]
Covid era legal issue? What is your Covid era legal issue? Covid has had a major impact on the judicial system. Do you have a family law, criminal defense, contract, business or insurance dispute? Coronavirus, now properly labeled Covid-19, changed the way we live. Courts have been shut down. The access to justice has been [..]
Have your rights been violated? Were you denied rights? Whatever your injustice… Whatever your injustice, you can fight it. A common phrase amongst legal professionals is as follows: the attorney who represents himself has a fool for a client. This may seem a callous comment, especially coming from an attorney. However, there is merit in [..]
How do I get my voting rights back? My voting rights were taken away… Whatever the case may be, after doing time in prison or taking a plea in a felony case, the state takes away many of your rights. In the eyes of society, you should be cleared of your crime. Do the time, [..]
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 [..]
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 [..]
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 [..]
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 [..]
Madison County Bar Association
