Public Safety

CSG Midwest
When a county in Indiana Rep. Randy Frye's district proposed a tax increase to build a new jail in order to relieve overcrowding, his constituents balked. After noticing their opposition to the tax increase, he wanted to get to the root of the issue....
CSG Midwest
Amid widespread protests and calls for change in response to the May 25 killing of George Floyd by police in Minneapolis, the push for state-level legislative reforms has intensified. Here is a look at some of the bills and policy proposals in three Midwestern states: Minnesota, Michigan and Iowa.

In a 5-4 decision in DHS v. Regents of the University of California, the Supreme Court held that the decision to wind-down the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA). It is possible the Department of Homeland Security (DHS) will try again to end DACA.

DACA was established by DHS during the Obama presidency. The program allows certain undocumented persons who arrived in the United...

The Supreme Court refuses to hear thousands of cases a year. So, the denial of a petition, or even multiple petitions on the same issue, is rarely noteworthy. On Monday the Supreme Court denied nine petitions involving qualified immunity and 10 petitions involving guns. Had the Court accepted any of these petitions the case would have had...

The doctrine of qualified immunity protects state and local officials from individual liability unless the official violated a clearly established constitutional right. Some of the police reform bills Congress is considering eliminate qualified immunity for state and local police and correctional officers.

What does it mean for a state or local official to have qualified immunity and what would the impact be if it was eliminated?

The evolution of qualified immunity began in 1871 when Congress adopted 42 U.S.C. § 1983...

The Supreme Court ruled unanimously in Lomax v. Ortiz that a dismissal without prejudice for failure to state a claim counts as a strike under the Prison Litigation Reform Act (PLRA). The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing for this result.

The PLRA contains a...

CSG Midwest
With the number of COVID-19 cases increasing, and a rise in deaths from the disease, “social distancing” has become a familiar term and way of life across the country. But how is social distancing possible for people whose days are spent in a 6-by-8-foot cell with another person? How can state and local governments maintain public safety while protecting inmates? How can they prevent outbreaks from starting in correctional facilities, and then spreading to the wider community?
These are some of the questions that have vexed criminal justice administrators, inmates, staff and family members for months. 

In Kelly v. United States the Supreme Court unanimously overturned the federal fraud convictions of the Bridgegate masterminds because they didn’t seek to obtain money or property.

The Democratic mayor of Fort Lee, New Jersey, refused to support then-governor Chris Christie’s re-election. As punishment, under the guise of conducting a traffic study, one of Christie’s staff members and two high ranking Port Authority employees decided to close...

The Supreme Court refused to lift its stay of federal court orders that prevented the Trump administration from making changes to the definition of public charge. 

Immigrants who are deemed a “public charge” are ineligible to receive green cards/lawful permanent resident status. The most recent definition of public charge, adopted in 1999, included immigrants who demonstrated a need for “institutionalization for long-term care at government expense” or “receipt of public cash assistance for income maintenance.”

In...

In a two-page per curiam (unauthored) opinion in New York State Rifle & Pistol Association v. City of New York, the Supreme Court held that a challenge to New York City’s rule disallowing residents to transport firearms to a second home or shooting range outside of the city is moot. The State and Local Legal Center (SLLC) filed an...

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