Fifth Amendment

21 ABA Journal Fifth Amendment articles.

Can jails return inmate cash in the form of fee-laden debit cards? 9th Circuit allows suit
A federal appeals court has revived a lawsuit by a jailed protester in Oregon who turned over nearly $31 to her jailers and was repaid upon release with a fee-laden debit card.
Lawsuits over coronavirus quarantines are unlikely to succeed, experts say

Lawsuits challenging COVID-19 quarantines and restrictions on public gatherings may be doomed to failure. Experts said the government has broad powers to handle a public health crisis.

Supreme Court bars damages suit for border agent’s cross-border shooting that killed Mexican teen
The U.S. Supreme Court ruled Tuesday that the family of a Mexican teen fatally shot by a U.S. Border Patrol agent can’t sue for damages over the cross-border shooting.
Afternoon Briefs: Texas university leader leaves without blame for law school scandal; judge sides with immigrants

Texas Southern University president leaves school with no blame for alleged law school misconduct

Texas Southern University is parting ways with its president without any claims of wrongdoing, which is…

3rd Circuit orders release of ex-cop who wouldn’t unlock hard drives, cites cap on civil contempt detention
A federal appeals court has ordered the released of a former Philadelphia police officer who spent more than four years in prison because he didn’t comply with a court order to provide hard drive passwords.
Afternoon Briefs: Political climate motivates would-be lawyers; Avenatti trial begins

Is the ‘Trump Bump’ still a thing?

Politics continue to play a role in law school applicants’ decision-making processes, according to recent surveys from Kaplan Test Prep, but less so…

Federal prison’s new policy moots suit by Prison Legal News over censorship, appeals court rules

A federal prison’s decision to distribute Prison Legal News to inmates and change its policy has mooted the publication’s censorship lawsuit, a federal appeals court has ruled.

The Denver-based 10th…

Sotomayor voices concerns in case stemming from court staffer’s suicide note about pro se appeals
A court staffer’s suicide note and the response by an appeals court in Louisiana led U.S. Supreme Court Justice Sonia Sotomayor to raise due process concerns in a statement Monday regarding cert denial in a prisoner’s case.
Child porn suspect can’t be forced to disclose computer password, state supreme court rules
The Fifth Amendment right against self-incrimination protects a child pornography suspect from being forced to reveal his computer password, the Pennsylvania Supreme Court has ruled.
Cops aren’t liable for destroying home of innocent people, 10th Circuit rules
The owners of a home that was destroyed by police pursuing a fleeing suspect are not entitled to compensation under the takings clause, a federal appeals court has ruled.
White House counsel cites due process concerns in refusing cooperation in impeachment inquiry
White House counsel Pat Cipollone argued that the impeachment inquiry into President Donald Trump violates due process and separation of powers in his Oct. 8 letter asserting that the White House won’t cooperate.
Law student among plaintiffs challenging state law requiring couples getting married to identify race
A law student at Washington and Lee University who is planning an October wedding is challenging a Virginia law that requires couples getting married to list their race.
Terrorism watchlist violates due process rights, federal judge rules
A federal judge in Virginia has ruled that the federal government’s terrorism watchlist violates the due process rights of U.S. citizens who are in the database. U.S. District Judge Anthony Trenga of Alexandria ruled Wednesday that the government provides no notice to people who were included on the list, no explanation of the criteria or evidence used to determine watchlist status, and no process to get off the list.
9th Circuit rules for noncitizen drug trafficker who claimed violation of his statutory right to a lawyer
Noncitizens subject to expedited removal have a statutory right to a lawyer, at their own expense, in proceedings before immigration judges to determine whether they have a reasonable fear of persecution in their home country, a federal appeals court has ruled.
Cops altered mug shot after witnesses said suspect didn’t have tattoos; should ID evidence be tossed?
A lawyer for a defendant charged with bank robbery noticed something amiss when he received the six photos shown to four tellers to see whether they could identify the suspect.

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