Appeals Court Dismisses Suit Over Judge’s R-Word Ban in Rape Trial

Civil Procedure

Appeals Court Dismisses Suit Over Judge’s R-Word Ban in Rape Trial

Posted Apr 7, 2008, 09:22 am CDT
By Debra Cassens Weiss

The lawyer for a woman who was banned from using the word “rape” in the trial of her alleged sexual assailant says she will take the case to the U.S. Supreme Court if necessary.

The St. Louis-based 8th U.S. Circuit Court of Appeals last week dismissed a lawsuit that had contended Judge Jeffre Cheuvront of Nebraska violated the alleged rape victim’s constitutional rights by imposing the R-word ban, the Associated Press reports. The suit filed on behalf of Tory Bowen claimed the ban infringed her rights to free speech and due process.

Lawyer Wendy Murphy of Boston, who represents Bowen, told AP she will seek an en banc hearing and will file a petition for certiorari with the U.S. Supreme Court, if necessary.

A jury deadlocked in the first trial of the alleged rapist, Pamir Safi, and Cheuvront declared a mistrial in the second case because of pretrial publicity.

The 8th Circuit opinion (PDF) said Cheuvront was never served a summons in the matter and the court had no jurisdiction over him. The appeals court also said the criminal prosecution was dismissed in January, mooting the issues in the case. The court did not reach the substantive issues that prompted a Nevada federal judge to dismiss the case last September.

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Civil Procedure