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Lawyers seek to stop Loughner's forced medication
Legal Career News | 2011/09/26 13:19
Lawyers for the Tucson shooting rampage suspect asked a federal court again Friday to stop his forced medication at a medical facility in a Missouri prison.

Jared Lee Loughner's lead attorney, Judy Clarke, wrote in an emergency motion that the ongoing forced medication of her client is unlawful. She said Loughner will suffer "irreparable harm" unless the prison is ordered to cease giving him a daily "four-drug cocktail," or at least start tapering him off it.

Loughner, 23, has been at the Springfield, Mo., facility since May 27 after he was found to be mentally unfit to stand trial. Experts have concluded he suffers from schizophrenia and are trying to restore his competency.

Loughner has pleaded not guilty to 49 charges stemming from the Jan. 8 shooting at a political event outside a northwest Tucson supermarket. The rampage left six people dead and 13 wounded, including Rep. Gabrielle Giffords, who is still recovering.

Prison officials have forcibly medicated Loughner with psychotropic drugs after concluding he posed a danger at the facility. Federal prosecutors have previously argued Loughner should remain medicated because his mental and physical condition has been rapidly deteriorating.

Clarke said Loughner "has an exceptionally strong interest in not being executed." But she noted it is "no secret" that the government may seek the death penalty if the case is eventually tried.


Appeals court in Va. tosses 2 Abu Ghraib lawsuits
Legal Career News | 2011/09/22 11:34
A federal appeals court in Virginia has dismissed two lawsuits by former Iraqi detainees who claimed they were tortured at the Abu Ghraib prison.

A divided three-judge panel of the 4th U.S. Circuit Court of Appeals agreed Wednesday with two contractors who claimed immunity because they were doing the government's work in providing interrogators and translators to the U.S.-run prison near Baghdad.

In one of the cases, four Iraqis claimed they were abused by interrogators employed by CACI International Inc. The other lawsuit was filed by 72 Iraqis against L-3 Services, which provided translators at Abu Ghraib and other prisons.

The appeals court's ruling reversed decisions by federal judges in Alexandria, Va., and Greenbelt, Md., who had rejected the contractors' immunity claims.


Idaho inmates settle lawsuit over prison violence
Legal Career News | 2011/09/21 16:15
A potential class-action lawsuit against the nation's largest private prison company over allegations of violence at the Idaho Correctional Center has been settled in federal court.

The agreement between the inmates and Nashville, Tenn.-based Corrections Corporation of America was filed Tuesday in U.S. District Court in Boise.

In it, CCA doesn't acknowledge the allegations but agrees to increase staffing, investigate all assaults and make other sweeping changes at the lockup south of Boise. If the company fails to make the changes, the inmates can ask the courts to force CCA to comply.

The inmates, represented by the American Civil Liberties Union, sued last year on behalf of everyone incarcerated at the CCA-run state prison. They said the prison was so violent it was dubbed "Gladiator School," and that guards used inmate-on-inmate violence as a management tool and then denied prisoners medical care as a way to cover up the assaults.

CCA has denied all the allegations as part of the settlement, but the agreement is governed under a section of the Prison Litigation Reform Act which only applies in cases in which prisoners' constitutional rights have been violated.


2 Texas voting maps don't meet federal law
Legal Career News | 2011/09/20 13:45

The U.S. Department of Justice said in a court filing Monday that Texas' new voting maps for Congress and for the Texas House do not meet federal anti-discrimination requirements, setting up a legal battle that will decide the landscape of future elections in the state.

The case, which involves the election districts drawn by the Republican-led Texas Legislature, will likely be decided by a federal court in Washington, D.C.

District boundaries are redrawn every 10 years to reflect changes in census data. Any changes to Texas' voting practices must be cleared by a federal court or the Justice Department to ensure changes do not discriminate based on race or color.

The Justice Department took issue with the maps for Congress and the Texas House, but it agreed with the state attorney general that maps for the Texas Senate and State Board of Education met requirements under the federal Voting Rights Act. But the Justice Department reiterated that the court would have to make its own determination on the education board and Senate maps.

The agency denied that the congressional and House plans maintain or increase the ability of minority voters to elect their candidate of choice, as required by federal law. The Voting Rights Act requires map drawers to give special protection to districts that contain mostly minorities.



Illinois high court hears police torture arguments
Legal Career News | 2011/09/15 17:59

Illinois Supreme Court justices questioned prosecutors Thursday about evidence in the rape conviction of a man who says he was tortured into confessing by Chicago police officers.

In oral arguments in a case with potentially far-reaching impact on how Illinois deals with police torture cases — and one that could lay the groundwork for similar appeals by as many as 20 other inmates — prosecutors argued that the state had enough evidence to convict inmate Stanley Wrice without the confession he claims to have given only after being tortured by officers under the command of notorious Lt. Jon Burge 30 years ago.

But the justices pressed Special Prosecutor Myles O'Rourke about the strength of the state's other evidence, noting that there was no DNA or fingerprints introduced at trial when Wrice was convicted.

Wrice is asking the high court for a new hearing on his long-standing torture claims. The outcome of the case is being closely monitored by about 20 other inmates who say Burge's officers forced them to confess to crimes they didn't commit, and lawyers and experts say the case could lay the groundwork for similar appeals by those inmates.

In her appearance before the court, Wrice attorney Heidi Lambros made an impassioned plea to the justices to take a stand against "the very bad blight from Jon Burge and these torture cases."

"This court should not tolerate the torture of its citizens within its walls," Lambros said.

Burge is serving a 4 ½-year sentence in federal prison following his conviction last year of perjury and obstruction of justice for lying in a civil suit when he said he'd never witnessed or participated in the torture of suspects.



Hawks owner settles malpractice suit with law firm
Legal Career News | 2011/09/14 16:59
The group that owns the Atlanta Hawks and recently sold the Atlanta Thrashers has settled a $195 million legal malpractice lawsuit against the law firm King & Spalding.

Tweet ShareThis The Atlanta Spirit, which sold the Thrashers to a Canadian group in June and has an agreement to sell a majority stake in the Atlanta Hawks, settled the complaint last week, said attorneys involved in the dispute. The terms of the deal are confidential and attorneys for both sides said they are pleased the dispute was amicably resolved.

The ownership group had claimed that the law firm cost it about $195 million with a "fatally flawed contract" that prevented it from selling off the city's NHL franchise team earlier.

The lawsuit filed in Fulton County Superior Court claimed that the owners have been negotiating to sell the Thrashers for six years, but were thwarted by a contentious split with Boston-based co-owner Steve Belkin. That dispute was finally settled in December when his shares were bought out.

Atlanta Spirit, though, contends that the fight with Belkin would have ended in August 2005 if King & Spalding hadn't negotiated a botched contract and doled out advice that was "poorly considered, self-interested, and, in many cases, blatantly wrong."

Belkin split with the group in 2005, after he objected to the Hawks' trade of Boris Diaw, two first-round draft picks and a $4.9 million trade exception to the Phoenix Suns for guard Joe Johnson, who had agreed to a $70 million contract.


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