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Fourth Amendment

150 ABA Journal Fourth Amendment articles.

Supreme Court rejects cases on qualified immunity used to shield police officers

The U.S. Supreme Court refused Monday to hear several cases challenging the doctrine of qualified immunity, which often shields police officers accused of misconduct.

Jun 16, 2020 10:30 AM CDT

Bipartisan group of attorneys calls on AG Barr to resign over Lafayette Square actions

More than 100 U.S. Supreme Court practitioners and constitutional lawyers on Thursday called for U.S. Attorney General William Barr to be held accountable for the government’s use of force against protesters in Washington, D.C.’s Lafayette Square on June 1.

Jun 12, 2020 11:57 AM CDT

Journalist blinded in Minneapolis protests sues law enforcement citing First Amendment violation

A freelance journalist who was blinded in one eye while covering recent protests in Minneapolis is suing the city and state and local law enforcement for using excessive force and violating her First Amendment rights.

Jun 11, 2020 1:05 PM CDT

4th Circuit revives suit against police in shooting death and says, ‘This has to stop’

A federal appeals court has revived a lawsuit against police officers in the shooting death of a homeless black man who was stopped for failing to walk on the sidewalk.

Jun 10, 2020 12:00 PM CDT

Afternoon Briefs: Judge’s TRO restricts tear gas, projectiles; 2 lawyers return to jail

Federal judge bars chemical weapons, projectiles in peaceful protests U.S. District Judge R. Brooke Jackson issued a temporary restraining order Friday banning the Denver Police Department from using chemical weapons and projectiles against peaceful protesters. Jackson also ordered officers to keep their body cameras recording, although he said Saturday that…

Jun 8, 2020 4:45 PM CDT

Afternoon Briefs: DC protesters sue over park ouster; 21 federal courthouses damaged

DC protesters sue over their ouster from Lafayette Square Protesters and Black Lives Matter D.C. allege in a lawsuit that their ouster from Lafayette Square on June 1 violated their First Amendment rights to free speech and assembly and their Fourth Amendment right of freedom from unreasonable search and seizure.…

Jun 5, 2020 2:38 PM CDT

Death of George Floyd brings debate on qualified immunity for police misconduct

George Floyd’s death by a Minneapolis police officer has raised debate on qualified immunity for police misconduct. The doctrine allows police to escape civil liability for violating a person’s rights under Section 1983 of the Civil Rights Act.

Jun 2, 2020 11:18 AM CDT

Do police drones foster trust or threaten civil rights and privacy?

Police say unmanned aerial systems can build trust in the community by deescalating incidents. Critics warn, however, that drones sow fear and distrust.

Jun 1, 2020 1:15 AM CDT

Afternoon Briefs: 10th Circuit strikes down voter ID law; social distancing could mean long elevator lines

10th Circuit strikes down Kansas voter ID law The 10th U.S. Circuit Court of Appeals at Denver has struck down a Kansas law that required a birth certificate or other proof of citizenship to register to vote. The 10th Circuit ruled Wednesday that the Kansas law violates the equal protection…

Apr 30, 2020 4:23 PM CDT

3rd Circuit revives judge’s claims against court officials over seized tape recorder, harassment

A New Jersey superior court judge can sue her assignment judge and other court officials for alleged constitutional and statutory violations, a federal appeals court ruled Monday.

Apr 28, 2020 12:36 PM CDT

Pandemic power plays: Civil liberties in the time of COVID-19

The power to respond to a public health crisis exists in the U.S. Constitution, state constitutions, regulations and case law. But the way they fit together is not always clear, especially in the wake of a modern-day global crisis.

Apr 21, 2020 8:00 AM CDT

COVID-19 checkpoints at state and local borders bring lawsuit, ACLU warning

Some states and local communities are instituting checkpoints at their borders, either to warn drivers that they must quarantine or to keep out nonresidents. The checkpoints are raising constitutional questions.

Apr 16, 2020 11:47 AM CDT

Judge allows suit alleging another judge ordered drug testing of courtroom observers

Judicial immunity does not completely protect a Missouri judge in a lawsuit accusing him of jailing and drug testing three courtroom observers, a federal judge has ruled.

Apr 13, 2020 5:05 PM CDT

SCOTUS rules traffic stop justified after check showed truck owner had revoked license

The U.S. Supreme Court ruled Monday that an officer had reasonable suspicion to make a traffic stop after a registration check showed the owner had a revoked driver’s license.

Apr 6, 2020 10:23 AM CDT

As exposed health care workers seek legal remedies, who’s liable for lack of personal protective equipment?

Doctors and nurses across the country are asking about legal remedies they may have because of exposure to COVID-19 and a lack of personal protective equipment, or PPE. Invariably, their main concern is the dangers to which they’re being exposed.

Apr 2, 2020 11:35 AM CDT

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