Policing for the Opioid Crisis: Cities and Counties Sue Pharma for Public Safety Costs

According to the Centers for Disease Control and Prevention, an average of 130 Americans die every day from an opioid overdose. Now, approximately 2,000 lawsuits from state and local governments have been filed against pharmaceutical companies such as Purdue Pharma (who introduced OxyContin in the 1990s), Teva Pharmaceuticals, Johnson & Johnson, Endo Health Solutions, Insys…

First Amendment Case Involving Prisoner Complaint with Veiled Threats Won’t Be Reviewed by Supreme Court Over Strong Objection by Three Justices

Does the First Amendment require a prison to entertain a prisoner grievance that contains veiled threats to kill or injure a guard?  This is the question that Justices Alito, Thomas, and Kavanaugh believe should be answered by the Supreme Court. However, over their objection, on May 13, 2019, the remaining Justices refused certiorari in Dahne…

Burke Helps Secure Ninth Circuit Victory for State Medical Officials in Inmate Valley Fever Case

Summary On February 1, 2019, in Hines v. Youseff, #15-16145, 2019 U.S. App. Lexis 3312 (9th Cir.), the Ninth Circuit upheld the dismissal of lawsuits brought by hundreds of inmates claiming they were unlawfully exposed to Valley Fever, a disease caused by inhaling certain fungal spores that are endemic to much of the Southwestern United…

How a Government Shutdown Impacts the Federal Courts

One major entity that was affected by the longest-ever government shutdown was the federal court system, where civil rights cases and prisoner petitions make up a substantial part of the docket.  Although federal employees have returned to work, it is possible a shutdown may occur again and once again have an impact on the courts….

Court of Appeal Clarifies POBRA Statute of Limitations, Clearing Way for Disciplinary Proceedings in Racist Texting Case

On June 22, 2017, the California Court of Appeal published a decision in Rain Daugherty v. City and County of San Francisco, denying nine officers’ claim that the disciplinary notices that were issued against them were untimely and in violation of the Public Safety Officers Procedural Bill of Rights Act (POBRA).[1]  The Court of Appeal…

The Truth, the Whole Truth, and Nothing But the Truth Regarding Witness Immunity for Peace Officers

The United States has long upheld the concept of the witness immunity, which protects witnesses who testify at legal proceedings from civil lawsuits.  The public policy rationale behind this doctrine is that witnesses should feel that they can testify truthfully without fear or intimidation of being sued in a retaliatory civil action. In Briscoe v….

Putting the Rap in RAP Sheet: Pennsylvania Supreme Court Rules Threatening Lyrics Against Police Are Not Protected by First Amendment

In Commonwealth of Pennsylvania v. Jamal Knox, Pennsylvania’s highest court upheld a rapper’s criminal conviction and ruled that his rap song that identified Pittsburgh police officers by name and made direct threats of violence against them is not protected speech under the First Amendment. This ruling highlighted that other courts, such as the Ninth Circuit,…

Ninth Circuit Holds that Injured Trump Supporters’ Lawsuit Against Police Department Can Proceed

Can attendees of a political rally hold officers liable for failing to protect them from counter-protesters? The Ninth Circuit says maybe, and allowed Juan Hernandez, et al. v. City of San Jose, a lawsuit brought by Trump supporters injured at a rally, to proceed forward. Background On June 2, 2016, then-Presidential candidate Donald Trump held…

Burke Secures Victory for Detectives at Ninth Circuit in Alleged Wrongful Conviction Case

Background In 1994, John Smith was convicted of murder and attempted murder.  Approximately 15 years later, the main eyewitness in the case, Landu Mvuemba, recanted his testimony. At the time he recanted his testimony, Mvuemba was facing his own criminal charges in an unrelated case.  Based on Mvuemba recanting, Smith’s criminal conviction was overturned. Thereafter,…

No Pain, No Gain? A Review of the Physical Injury Requirement under the Prison Litigation Reform Act

In 1996, the Prison Litigation Reform Act (PLRA) was enacted to address the increase of prisoner litigation in federal courts.  One provision of the PLRA states that an inmate cannot seek monetary damages for mental or emotional injuries unless that inmate can show a physical injury. So what happens if an inmate files a lawsuit,…