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The Civil Rights Lawyer

The Civil Rights Lawyer
This week the Supreme Court issued two separate rulings in qualified immunity cases involving allegations of excessive use of force by police officers. One out of the 9th circuit, involving an officer placing a knee on a suspect's back for 8 seconds, and a second one involving a suspect who was shot and killed by police officers while charging at an officer with a hammer. You may have seen the headlines around the interwebs about the SCOTUS strengthening qualified immunity in these two cases, or somehow changing the law in favor of the police. Is this the case? Since excessive force cases are my favorite, let's go through these together. #QualifiedImmunity #ExcessiveForce #SCOTUS Freedom is Scary Ep. No. 78 - (prerecorded this evening because my internet connection is a total failure of government and corporate partnership at every level)
SCOTUS Issues Two Qualified Immunity Rulings This Week - FIS 78
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An update on the Jefferson County, West Virginia school bus drivers who were suspended for attended the Trump rally on January 6, 2021. Despite being nowhere near what occurred at the Capitol, they found themselves suspended and accused of misconduct, and then later vindicated. We files suit for First Amendment retaliation. Here's what's happened so far in the litigation..... Freedom is Scary, Ep. No. 77. Background on the school bus driver case: https://thecivilrightslawyer.com/2021/01/11/jefferson-county-schools-superintendent-violates-first-amendment-rights-of-two-employees-and-we-sue/ Also, yesterday we filed a lawsuit in Wood County, West Virginia, challenging their school mask mandate. Here's info on that case: https://thecivilrightslawyer.com/2021/10/13/lawsuit-filed-against-wood-county-board-of-education-challenging-their-school-mask-mandate/ We're also still doing what we can to help employees subject to mandates. Fortunately, the WV legislature is having a special session to consider legislation protecting private employees from employer mandates. More information at the website: thecivilrightslawyer.com Be sure to subscribe there for spam-free email updates of new posts......
Update on School Bus Drivers Suspended for Attending Rally - FIS 77
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Lately I’ve been helping quite a few people with their religious exemption applications, particularly in regards to one particular hospital in West Virginia. Since I’ve talked with numerous employees, I’ve seen the identical boilerplate form email denials from the hospital – whether the employee is a physician, nurse or remote IT worker. Read more: https://thecivilrightslawyer.com/2021/10/07/employers-do-not-get-to-define-religion-in-exemption-applications/
Can Employers Define Your Religion When Applying for a Religious Exemption?
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Can cops search visitors and seize their personal property when they just happen to be present at the time a premises is being searched pursuant to a search warrant?
Can Cops Search Visitors at a Home Being Searched with a Warrant?
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A federal judge today temporarily blocked New York state from enforcing a V. mandate on health care workers who seek or obtain a religious exemption. Here’s the Complaint, filed by the Thomas More Society on behalf of numerous physicians and other health care professionals who are acting under pseudonyms. https://thecivilrightslawyer.com/2021/09/14/federal-judge-in-ny-blocks-state-mandate/ The WV AG opinion: https://thecivilrightslawyer.com/2021/09/13/wv-attorney-general-opinion-arguing-mandates-are-unconstitutional/
Federal Judge in NY Blocks Mandate
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We just settled the federal civil rights lawsuit involving my client, James Walkup, who was bootstomped in his own home. You can read more about the case here: https://thecivilrightslawyer.com/2020/10/23/federal-civil-rights-lawsuit-filed-in-the-dog-crawl-head-smash-video-case/ The incident was caught on video, which I’ll show you….
Bootstomp Excessive Force Case Settles - FIS 75
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What are the current best options in dealing with the flood of employer mandates? Lawsuit? Quit? Exemptions? Join me for a discussion / webinar with Kentucky Attorney Chris Wiest and Tennessee Attorney Andy Fox. Live at 5:30 p.m. ET Freedom is Scary - episode 74 Sample exemption letter by Chris: https://www.scribd.com/document/520188055/ExemptionRequest
Employer Mandate Options Webinar with Attorneys Chris Wiest and Andy Fox - FIS 74
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The lawsuit was filed today on behalf of Dustin Elswick, against Putnam County, West Virginia, along with four police officers involved in the infamous “Special Enforcement Unit.” These are the cops who were caught on hidden camera searching the inside of Dustin’s home. Although they cut the wire on an outside surveillance camera, they were apparently unaware of the cameras inside the home. Read the Complaint and watch the other videos at the link: https://thecivilrightslawyer.com/2021/08/20/federal-lawsuit-filed-in-the-creepy-cops-caught-on-video-case/ #police #hiddencamera #caughtoncamera
Federal Lawsuit Filed in the Creepy Cops Caught on Video Case - FIS 73
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An update in the Family Court Judge Search Saga. We recently obtained a report from the West Virginia Office of Disciplinary Counsel which found that a West Virginia Family Court Judge made improper and false allegations about the judicial disciplinary prosecutors who have been prosecuting a fellow Family Court Judge, Louise Goldston. The ODC investigation commenced after a sitting Family Court Judge, Judge Glen R. Stotler, of the 23rd Family Court Circuit (Hampshire, Mineral and Morgan Counties), also a member of the Judicial Hearing Board that heard the Goldston case, sent a March 25, 2021 letter (on his official court letterhead) to the Chief Justice of the WV Supreme Court, making numerous allegations against the judicial prosecutors in regards to their handling of the Goldston case, and ultimately requesting an investigation into their actions, as well as their termination, “or at the least a serious reprimand.” Now, questions are raised, not only about the Family Court Judge who is the subject of the report, but others who are now involved in the debunked allegations against the prosecutors. It really is outrageous, and people deserve to know. Did it ever seem like a good idea to get involved in a disciplinary prosecution of a fellow judge and attempt to have the prosecutors fired? What are the potential remedies? Judicial disciplinary complaints? Impeachment proceedings? Up on the website today, we posted the full ODC investigation report, which details the entire ordeal up to that point, including a discussion of some of the sworn statements taken of the judges involved. It also gives a rare behind-the-scenes look at the judicial disciplinary prosecution procedures, which are usually confidential: https://thecivilrightslawyer.com/2021/08/09/report-family-court-judge-made-improper-and-false-allegations/ Media report: https://wvrecord.com/stories/606519870-lawyer-disciplinary-board-finds-no-merit-to-complaints-against-judicial-disciplinary-counsel
Report: Family Court Judge Made Improper and False Allegations - FIS 72
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