Public Safety

CSG Midwest

Hoping to better protect victims of stalking, sexual assault, domestic violence and other crimes, legislators in Iowa and Minnesota adopted new “Safe at Home” laws this year. ...

CSG Midwest

Thirty-seven times during his long legislative career, Nebraska Sen. Ernie Chambers had introduced legislation to repeal the state’s death penalty. Every time, it had ended in defeat. And for those outside Nebraska, there was little reason to believe the 38th time would be the charm for death-penalty opponents — the newly elected governor supported capital punishment, and the Unicameral Legislature was still considered politically conservative. Inside the state Capitol, though, legislators were well aware that 2015 could finally be the year for a successful repeal.

“I knew there would be a serious push,” says Nebraska Sen. Beau McCoy, who opposed the repeal and, two years ago, had led a filibuster to stop a similar measure from advancing. Near the end of this year’s legislative session, supporters mustered not only enough votes to pass LB 268, but to override the veto of Gov. Pete Ricketts as well.
It marked the first time that a U.S. state’s repeal of the death penalty occurred over the veto of a governor.

In Kingsley v. Hendrickson the Supreme Court held 5-4 that to prove an excessive force claim a pretrial detainee must show that the officer’s force was objectively unreasonable, rejecting the subjectively unreasonable standard that is more deferential to law enforcement. The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing for a subjective standard. As a result of this ruling it will be easier for pretrial detainees to bring successful excessive force claims against corrections officers. The Court suggests that its ruling may also impact post-conviction detainees who are housed by both jails and state prisons.        

Pretrial detainee Michael Kingsley and the officers in this case agree that Kingsley refused to remove a piece of paper covering a light fixture and was forcibly removed from his jail cell so that officers could remove it. While Kingsley claims, and the officers disagree, that Kingsley resisted their efforts to remove his handcuffs and in the process the officers slammed his head against the concrete bunk, the parties agree that Kingsley was tasered. 

In City of Los Angeles v. Patel the Supreme Court held 5-4 that a Los Angeles ordinance requiring hotel and motel operators to make their guest registries available to police without at least a subpoena violates the Fourth Amendment. In his dissenting opinion, Justice Scalia cites to the State and Local Legal Center’s (SLLC) amicus brief, which notes that local governments in at least 41 states have adopted similar ordinances. Eight states also have hotel registry statutes:  Indiana, Florida, Massachusetts, Maine, New Hampshire, New Jersey, Wisconsin, and the District of Columbia. 

In Reed v. Town of Gilbert the Supreme Court held unanimously that Gilbert’s Sign Code, which treats various categories of signs differently based on the information they convey, violates the First Amendment. The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing that Reed’s argument, if adopted by the Court, will render sign codes unconstitutional nationwide.

Gilbert’s Sign Code treats temporary directional signs less favorably (in terms of size, location, duration, etc.) than political signs and ideological signs.

Content-based laws are only constitutional if they pass strict scrutiny—that is, if they are narrowly tailored to serve a compelling government interest.

Sila Luis was indicted on charges related to $45 million in Medicare fraud. Unsurprisingly, her personal assets amounted to much less than $45 million. The federal government sought to freeze the use of her assets not traceable to the fraud. She wanted to use them to hire an attorney.

The question in Luis v. United States is whether not allowing a criminal defendant to use assets not traceable to a criminal offense to hire counsel of choice violates the Sixth Amendment’s right to counsel.  

Taylor v. Barkes could have been a significant qualified immunity case. Prison officials asked the Supreme Court to resolve a circuit split over whether supervisors can be liable for constitutional violations caused by their failure to supervise. The Court “expess[ed] no view” on the vitality of supervisory liability instead concluding no clearly established constitutional right was implicated in this case.  

In a per curiam (unauthored) opinion the Court granted two prison officials qualified immunity related to an inmate’s suicide reasoning that no precedent at the time of the suicide established that an incarcerated person had a right to proper implementation of adequate suicide prevention protocols. So prison officials could not be liable for failing to supervise the contractor providing suicide screening.

In Foster v. Humphries the Supreme Court will decide whether potential black jurors were purposely excluded in violation of Batson v. Kentucky.

In 1987 Timothy Tyrone Foster, who is black, was sentenced to death for murdering an elderly white woman. The jury was all-white; the prosecutor peremptorily struck all four prospective black jurors.  Prosecutors may strike a number of jurors for any unstated reason except because of race and sex, the Supreme Court has held.

A highly contagious strain of of avian influenza, or “bird flu”, hit the United States this year, leading at least 11 states—including Indiana, Iowa, Minnesota, Pennsylvania, and West Virginia—to ban all bird shows this summer where birds might co-mingle, such as county or state fairs, in the hopes of stopping the spread of the disease. As of late-May, according to the U.S. Department of Agriculture, the highly pathogenic H5 virus has led to the deaths of more than 40 million birds in 15 states.

In a 6-2 decision, the Supreme Court declined to decide one of the most important questions this term for state and local government: whether Title II of the Americans with Disabilities Act (ADA) requires police officers to accommodate suspects who are armed, violent, and mentally ill when bringing them into custody. But the Court held that the officers in City and County of San Francisco v. Sheehan were entitled to qualified immunity.

When police officers entered Teresa Sheehan’s room in a group home for persons with mental illness to take her to a hospital for psychiatric care, she threatened to kill them with a knife she held, so they retreated. Before backup arrived, the officers decided to reenter her room to prevent her from gathering more weapons or escaping. Upon reentry, Sheehan still had the knife in her hand and yelled for them to leave. One officer pepper sprayed Sheehan but she refused to drop the knife. The officers then shot her multiple times but she survived.

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