Category: Civil Rights & Liberties

Section 1983 and employment discrimination

Many employment discrimination claims fall under a federal law called Title VII. That law prohibits several types of discrimination and harassment in the workplace. Today, we discuss that type of claim when made by a public employee under Section 1983 (which is short for 42 United States Code Section 1983). As we wrote here, Section [..]

Read More

White Collar Crime?

White Collar Crime Big Trouble in Little Mississippi Recently, the State Auditor has exposed and brought to prosecution individuals charged with embezzlement. This was found by tracing unaccounted money. For example, embezzlement by local officials and employees using public money that doesn’t belong to them, by cash or card. One reason this has gone unnoticed [..]

Read More

Retaliation Against a Public Servant

Retaliation Against a Public Servant This lawyer sharpened his teeth on a jury trial involving an indictment of retaliation against a public servant. Hopefully, the appeal made District Attorneys and other local prosecutors look harder before presenting a case on, what I consider to be, an unconstitutional and unnecessary law. The statute is § 97-9-127, [..]

Read More

How can I clear my record?

How can I clear my record? This is an overview of expungement law in Mississippi if you are wondering “can I clear my record?” Discretionary expunction upon petition, notice, and hearing in municipal court Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a [..]

Read More

Second Amendment Rights

Is an Ounce of Prevention Worth More Than a Pound of Cure? Yes. Normally I would agree with this statement. I believe it is better to brush your teeth regularly than have a dentist pull them out. How does this analogy apply to Second Amendment rights? Why this does NOT work with gun laws… Many [..]

Read More

Have you been charged with a crime?

Have you been charged with a crime? Have you been charged with a crime? Consult an attorney. False Impressions and Allegations Many people have seen movies or TV shows dramatizing a criminal trial. In fact, many people may remember televised trials, such as the O.J. Simpson case. These dramatizations, televised trials, and news clips are [..]

Read More

Age Discrimination Claims

On October 25, 2019, the Fifth Circuit Court of Appeals handed down its decision in Gill v. DIRTT Environmental Solutions Incorporated. In doing so, the court reiterated the legal principles governing claims for age discrimination in the workplace when the employee’s evidence is only circumstantial. Facts in Gill In 2005, DIRTT hired Gill as its [..]

Read More

Mississippi Legislation 2019 – Part 1

Mississippi Legislation 2019 Mississippi Legislation 2019:  The Mississippi legislature works every year to make laws or modify them. The following are a few 2019 updates concerning civil rights and liberties. Criminal Justice Reform The first notable legislation is HB 1352, short title Criminal Justice Reform Act. This bill’s intent is to help formerly incarcerated individuals [..]

Read More

Title VII, sexual orientation and transgender status

On October 8, 2019, the United States Supreme Court will hear oral argument on the question of whether Title VII bars discrimination in the workplace on the basis of sexual orientation and/or transgender status. The Court will take up three cases. Those are: Zarda v. Altitude Express, Inc., in which Zarda claimed he was fired [..]

Read More