OUR LEGAL BLOG

Can I sue a jail for medical neglect?

Yes, especially if this happened while you were serving time in a private jail or if you were treated by private medical contractors while incarcerated. For-profit corrections systems put quantity over quality every time; they get paid per inmate, per day. The less they spend, the higher their profits. Cutting costs means cuttings corners, and inevitably that means a lower level of medical care. Even if a correctional facility is not privately owned and operated, its medical providers might be. Private medical contractors, like private jails and prisons, are often not subject to government regulations or oversight. They have less reason to provide adequate medical treatment. There is a silver […]

Sex in a correctional setting is NEVER consensual!

Is it ever ok for inmates to have sexual relations with correctional facility staff? No, absolutely not. Intimate relations between corrections officers and inmates are considered non-consensual in every circumstance. Because of the unavoidable imbalance of power and authority, inmates cannot give legal consent to having sexual relations with a corrections officer or jail staff member. It’s similar to the way that a minor under the age of consent cannot legally give consent to having sex with an adult. This is known as statutory rape. Inmates are often subjected to harassing, threatening, and sometimes violent treatment by the corrections staff members that they are required to respect and obey. Thanks […]

DEADLINE TO FILE TWIN PEAKS CIVIL RIGHTS CLAIMS FAST APPROACHING

A false arrest claim MUST be brought within 2 years of the date of arrest. In this instance, May 17, 2017 is the absolute deadline! There is some bad legal advice going around related to the deadline for bikers who were arrested at Twin Peaks to file civil cases. I’ve now heard it repeated several times, and this morning even got an e-mail from an Houston lawyer that represents several bikers repeating the bad advice. His belief, and that of others who are suggesting that the deadline doesn’t start to run until charges are dropped or the person is acquitted, is absolutely incorrect. The United States Supreme Court settled the issue […]

First Civil Rights Lawsuits Filed in Waco Twin Peaks Incident

Our office has filed the first group of civil rights lawsuits related to the Twin Peak incident. More filings are expected in the future. Each individual’s case was filed separately. Suits have been filed on behalf of John Vensel, Matthew Clendennen, George Bergman, Jorge Salinas, Noe Adame, and Robert Bucy. Read the full complaint here. The suits highlight the lack of individual, particularized facts that are required to establish probable cause before arresting and charging an individual. This requirement is Constitutionally mandated by the Fourth Amendment and has been the subject of decades of United States Supreme Court law. “… the requirement of particularity is not a mere ‘technicality,’ it is an express […]

Waco Biker Mass Arrests: How To Let Go of a Tiger Without Getting Bit

After choosing the “arrest ‘em all, let God sort ‘em out” approach to law enforcement, authorities in Waco appear to be stuck between a rock and a hard place. Perhaps an even better way of putting it… After grabbing hold of a tiger, how can they let go without getting bit? (Thanks Rick, for stating it so perfectly!) The Waco Biker Arrests of 177 people, most of whom had no connection whatsoever to the tragedy, has provided Waco City and County officials with a seemingly limited number of choices, ranging from bad to worse. They can attempt to indict everyone, thus doubling down on an already terrible bet; or they can […]

CROSSBOW HUNTERS – WATCH THOSE THUMBS!

Around the country, hunting season is either in full swing or set to begin. As the popularity of hunting with crossbows increases, so do the number of injuries, particularly injuries involving fingers and thumbs that get above the stringline when firing one of the millions of crossbows in circulation with little or no thumb/finger guards. The crossbow industry has been aware of the issue for many years. A former employee of a well-known crossbow maker recently told us, “the thumb issue… oh yeah, everyone knows about it.” Certain brands and models began to add thumb/finger guards as early as 2010, but others, particularly Barnett, failed to add thumb guards until […]

Waco Bikers: No Probable Cause? No Problem.

Over 100 people were arrested in Waco without probable cause. The Waco biker shootout is an excellent case study in probable cause or the lack thereof. We’ve blogged about the probable cause standard before. When looking at the Waco biker case, it would seem clear that the Waco Police Department lacked probable cause to arrest all 177 people. Initially 239 people were detained at the scene, and of those, 177 were formally arrested and charged with a first degree felony of engaging in organized criminal activity. It is unknown what criteria was used to whittle down the 62 persons who were not formally arrested, but what is known is that […]

False Arrest and Probable Cause

To understand a false arrest, probable cause must be understood first. Probable cause is the minimal standard by which all criminal arrests must be made. Since 1948, probable cause has been defined by the United States Supreme Court as: “more than bare suspicion: probable cause exists where the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.” Brinegar v. United States, 338 U.S. 160, 175-76 (1948). As most civil rights lawyers will tell you, probable cause is a very low standard. […]

Waco Biker Arrests Create Civil Liability for City

We have been watching the Waco Twin Peaks biker shootout with interest. From the outset, this mass arrest seemed to have some problems, and now that more information has come to light, the City of Waco has opened itself up to serious civil liability. Why? Because this is a textbook example of mass arrests without individual probable cause. At the heart of every arrest, there must be probable cause. Now, of course, probable cause is a very low standard that can usually be met, but not likely in this case. From what is currently known, the Waco Police Department decided that (nearly) all of the bikers at the Waco Twin […]

City and County of San Francisco v. Sheehan – Takeaways

The Supreme Court’s decision in the Sheehan case has delivered some blows to the mental health and advocacy community. We blogged about this case and its facts in a previous post. You can read the opinion here. Justice Breyer recused himself and took no part in the decision, shrinking the panel down to 8. There was an unusual alliance between Justices Scalia and Kagan who joined together to concur in part and dissent in part. But beyond all of that, a deeper reading does provide some relief for the mentally ill or disabled – at least in the 9th Circuit, and also provides a warning to parties trying to pull […]