OFFICER SEXUAL ASSAULT: Summary judgment for US precluded by factual dispute as to whether BIA Officer was within his authority when he coerced minor into sexual acts… remanded for bench trial before a different judge… Watters reversed (memorandum). [Read more…]
Prisoners, suit against guard for allegedly planting meth
PRISONERS: Inmate’s suit against former guard for allegedly planting meth in cell improperly dismissed for failure to exhaust administrative remedies… Haddon reversed (memorandum). [Read more…]
Elections, 2021 voter legislation unconstitutional
ELECTIONS: Unconstitutionality of 2021 voter amendments affirmed… Moses affirmed. [Read more…]
Abortions, APRNs can do, §50-20-109 unconstitutional
ABORTIONS: State failed to show that abortions cannot be safely provided by APRNs, §50-20-109 limiting to physicians and PAs properly held unconstitutional violation of privacy… Menahan affirmed. [Read more…]
Preliminary injunction, birth certificate sex change
PRELIMINARY INJUNCTION: State’s motion for supervisory control as to Moses’s SB 280 birth certificate sex change preliminary injunction “clarification” order granted in part but order was “clear and required no ‘clarification'”… order. [Read more…]
Elections, student ID, no same-day registration
ELECTIONS: SB 169 (student ID insufficient to vote) and HB 176 (no election day registration) properly preliminarily enjoined… Moses affirmed. [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
Abortion services, 2021 restrictions preliminary enjoined
ABORTION SERVICES: 2021 laws regulating or restricting abortions properly preliminarily enjoined… Moses affirmed. [Read more…]
Public defenders, ordered to assign counsel within 3 days
PUBLIC DEFENDERS: Harris wrongly ordered OPD to assign counsel within 3 working days of order and provide continuous representation… contempt order quashed… order. [Read more…]
Youth homicide, “meaningful opportunity” for release
YOUTH HOMICIDE: Removal of parole restriction from triple murderer upon consideration of rehabilitation satisfied USSC’s requirement for a “meaningful opportunity” for a youth offender to obtain release notwithstanding practical effect of 3 consecutive life terms… request for time-served from 1986 properly denied in resentencing… Eddy affirmed. [Read more…]