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 [..]
We previously wrote here about your ability to make the other side in a lawsuit pay your attorney’s fees, including lawsuits involving federal civil rights. Today we write about such when a plaintiff only recovers what is called “nominal damages.” What are nominal damages? The term “nominal damages” refers to a situation where a jury [..]
Post Conviction Relief How do I get relief from an unjust sentence? Once you are convicted there are a few different routes to get out of the penitentiary as soon as possible. If you have gone to trial and lost the verdict, the method would first be to appeal the trial court for a remand [..]
Setting up an FFA gun trust The Trust Many are familiar with a trust. What many may not know, is that a trust can be legal instrument that protects not only your guns, but their legal passage for whom you intend to possess them once you pass away. For example, a minor cannot legally possess [..]
What do you do if you are a victim of a wrongful arrest and police brutality? First, you must decide if you have been wrongfully arrested. Consulting an attorney is the first step. Police often have to be decision makers. Based on quick judgment, they may make a split-second decision that is a bad decision. [..]
Have you been charged with Disorderly Conduct, Failure to Comply? You need to know what to do when you have been charged with Disorderly Conduct This charge is becoming more and more frequent. Because of social media, the traditional media at large, and the way that they have dramatized everything; they polarized society. There is [..]
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 [..]
Madison County Bar Association
