Information and Insight on Criminal Law and Civil Rights
This week I had to write that "sorry, but I cannot take your civil rights case" letter to a man who had been badly assaulted in prison. In Idaho over the past year there have been a number of lawsuits filed by prisoners and lawyers on their behalf for damages they received when the prison failed to protect them from…
Continue Reading How Much Is My Personal Injury Case Worth In Boise, Idaho?
Can parents sue a school district for wrongful death, when their theory of liability is that the district owed their child a duty to supervise her or her killers? The answer here – no.
In Stoddart v. Pocatello School District, the Idaho Supreme Court (Justice Horton writing the decision) affirms the district court’s decision and dismisses the…
Continue Reading Idaho Supremes: Wrongful Death Lawsuit Against School District Dismissed
I am working on a case in which a private citizen reported to the police that his neighbor had been drinking, got in an argument and left in his car. The tipster reported that the neighbor was drunk and driving. He gave the likely direction of travel and type of car. Cops notified by dispatch saw a car that matched…
Continue Reading Can My Car Be Stopped Based On An Anonymous Tip?
The Idaho Supreme Court decided an interesting case in which the Boy Scouts of America sought to dismiss a case brought by sex abuse victims who had not proceeded with their cases until they were adults. Generally, Idaho civil law contains a statute of limitations that ends liability for civil cases after some number of years. For example – if…
Continue Reading Idaho’s Civil Action For Victims Of Sexual Abuse Not Applied Retroactively
The problem with over generalizations is – they are in fact over generalizations! Guilty. I may have suggested recently that your likelihood of getting relief on appeal is about the same as coming up with a perpetual motion machine; or a little less than winning that $200 million Power Ball; or swimming from Los Angeles to San Diego – even…
Continue Reading Did I say the Idaho Supreme Court never grants relief? Say it ain’t so!
Reversing a conviction for rape this week, the Idaho Court of Appeals reminded all of us that the system works when the rules leveling the playing field are enforced. That applies to defense lawyers and prosecutors alike. As Judge Gutierrez noted: "While our system of criminal justice is adversarial in nature, and the prosecutor is expected to be diligent and leave…
Continue Reading Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance
You may recall that I recently wrote about an incident involving a Boise man who was Tasered against Boise Police Department policy and the City Ombudsman’s decision that the officers had violated their policy and his rights. He planned to sue for damages while local officials could not find a criminal charge to use against the officer. Today we have a…
Continue Reading Taser Update – Charlotte Agrees To Pay $625,000
Yesterday I wrote about an article in the Idaho Statesman concerning a finding by the Ombudsman that the Boise Police had gone too far when they tased a man – on the "buttocks." Today the Statesman reports that man has hired a lawyer to file a lawsuit. As telling – here is what the Murphy had to say:
Murphy concluded…
Continue Reading “Don’t Tase Me Dude!” Prosecutor Won’t Prosecute.
An Idaho Statesman article reports on the findings of the Boise Police Ombudsman that officers used excessive force when they used their Taser on a suspect’s "buttocks." OK – so another poor fool got the Taser and now the Ombudsman wants us all to understand that even he can identify misconduct when he sees it – or hears it. That…
Congrats to my brothers and TLC Warriors on their victory in Houston in a civil rights case that pitted Kent Spence and Rafe Foreman against Harris County Sheriff’s Office and its deputies. After just four hours deliberations, the jury awarded the estate of Joel Casy $600,000 and $2.4 million to his mother. The Houston Chronicle reported:
Casey’s death was ruled…