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Articles Posted in Constitution – Bill of Rights

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No violation of the Fourth Amendment by not immediately releasing a suspect after learning of possible exculpatory evidence

Vivianne Washington was arrested in the investigation of a brutal murder of an elderly woman at her home in Meriwether County, Georgia after assailants invaded her home, attacked her, and set her on fire. Before she died, she named her assailants as several black males and an African American female. …

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Georgia real estate lawyer’s conviction and sentence for stealing millions from his law firm is upheld

  Nathan Hardwick was a real estate attorney in Georgia who managed the “closing side” of the real estate law firm practice.  The law firm sold part of its foreclosure operation to a private equity group for 14 to 15 million dollars but within a few years Hardwick’s portion of…

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Threatening messages sent to family members of victims of Marjory Stoneman Douglas shooting were not protected speech.

Brandon Fleury was posting and messaging on Instagram posing as mass murderer Nikolas Cruz, the perpetrator of the shooting at Marjory Stoneman Douglas High School (MSD), which took place on February 14, 2018, when Cruz brought a AR-15 style semi-automatic rifle into the school located in Parkland, Florida, and murdered…

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No protection under the Religious Freedom and Restoration Act for protesters who damaged property at a U.S. Naval submarine base.

Clare Grady, Carmen Trotta, and Martha Hennessy are members of the Plowshares Movement, a Roman Catholic protest and activism group opposed to nuclear weapons.  On April 4, 2018, they and others surreptitiously and illegally entered the Kings Bay Naval Submarine Base in St. Marys, Georgia, to engage in protest of…

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A civilian cannot be held liable for a false arrest or excessive force claim for briefly assisted a law enforcement officer with an arrest

Charles was arrested by a Dawson County Sheriff’s deputy on an outstanding warrant after he was found inside a car that the deputy had pulled over for speeding. Charles resisted his arrest for over five minutes and the deputy succeeded in subduing Charles with the aid of a civilian bystander…

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Appeals court upholds lawsuit against Sheriff for detaining the wrong person

A deputy from the Martin County Sheriff’s Office pulled over Sosa while driving.  After checking his name in the computer system and finding an outstanding warrant for a David Sosa, Sosa explained that he had been mistakenly arrested four years earlier for the same warrant.  He told the deputy about…

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Shrimp company owner’s false claims for federal CDSOA subsidy leads to a criminal conviction

Michael Anderson owned and operated a shrimping business called Shrimpy’s in Savannah Georgia.  From 2005 through 2007, Anderson submitted CBP (Customs & Border Protection) Forms 7401 in which he falsely claimed large business expenses as part of a scheme to acquire federal government subsidies under the Continued Dumping and Subsidy…

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No error in jury instructions for trial of a man who lured a minor online by posing as a female

Phillips went to trial and was convicted of a three-count federal indictment charging him with 1) persuading, inducing, and enticing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction, 2) receiving material containing child pornography, and possessing material containing child pornography.  He argued…

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Property owner’s lawsuit against Sheriff in Alabama for property loss fails

Mr. Spencer sued Sheriff Jonathan Benison pursuant to 42 U.S.C §1983 claiming a violation of his Fifth Amendment rights against deprivation of property and liberty rights.  He alleged that Benison ordered him to remove traffic cones and vehicles that were preventing Spencer’s neighbor from completing construction on an easement that…

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Lawsuit against a school board police officer for false arrest and involuntary commitment should not have been dismissed

Susan Khoury filed a lawsuit against the Miami Dade County School Board and Officer Williams, a school board police officer, for false arrest, excessive force, and First Amendment retaliation pursuant to 42 U.S.C. §1983.  Williams had detained and committed her for an involuntary mental health examination under Florida’s Baker Act…

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