At the conclusion of any successful personal injury lawsuit, the courts will normally award the plaintiff a certain amount of monetary compensation for harm resulting from the actions of the guilty party. Such damages exist for only one reason: to reimburse the injured party for such tangible injuries as physical impairment; medical expenses; loss of wages or ability to earn; mental torment; or general pain and suffering. In a subset of cases, however, the plaintiff may also receive punitive damages. This second type of award serves as a punishment for the defendant, and although it has no direct relationship to any of the plaintiff’s specific injuries, he or she still stands to benefit financially. Punitive Damages in Nevada The state of Nevada may see fit to award punitive damages when the evidence shows that at least one of four types of behavior played a role in causing the plaintiff’s injuries. These are: Conscious disregard, which amounts to a willful and…
What are Punitive Damages in a Personal Injury Lawsuit?
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City and Army entered into an agreement...cont
During the second renewal period of the Agreement, the infant Joseph Stanley II was placed into care with foster parent Anita Nurse. On June 6, 2006, while in the custody of Ms. Nurse, the infant was injured. On or about August 2006, a Notice of Claim, dated June 20, 2006, was served on the City. On December 7, 2006, a 50(h) hearing was held of plaintiff Joseph Stanley, father and natural guardian of the infant plaintiff. In January 2007, the City and Army were served with a summons and complaint in the Stanley action. On June 21, 2007, five months after it had been served with the summons and complaint, City forwarded, by fax, a copy to Chesterfield, Army's insurer, and requested that defense counsel be assigned to defend City. In a letter dated July 24, 2007, a Chesterfield claims representative denied the City's request citing a review of the contract between the parties as the basis for the denial. The basis for the denial lacked any further specificity. City…
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Sex offenders who have kids put schools in awkward spot
7-26-15 Virginia: Bayside Middle School administrators banned the father of a student this past school year after learning he had pleaded guilty a decade earlier to having sex with a 14-year-old when he was 21. State law prohibits violent sex offenders - the father's crime fits the definition - from going on school property without a court order. Even then, the law gives school officials the
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Hillary to Issue Climate Change Plan
Here's the important news about Hillary Clinton this week: She will be unveiling a new Climate Change plan She's building a "formidable" team in Iowa She is backing a $15.00 hour minimum wage for fast food workers for NY workers ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Fatal Crash in Boise County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 07/26/2015 7:13 P.M. Please direct questions to the District Office On Sunday, July 26, 2015, at approximately 11:48 A.M, Idaho State Police investigated a two-vehicle fatal crash on State Highway 21, near milepost 97, in Boise County. Donald Wright, 66, of Emmett, ID, was driving northbound on SH21 on a 2015 Harley Davidson motorcycle. Wright crossed the center line and went into the southbound lane of travel. Wright collided with a 2004 Toyota Tacoma pick-up, driven by Joseph Brokowski, 30, of Eagle Point, OR. Wright succumbed to his injuries at the scene of the crash. Both lanes of travel were blocked for approximately 4.5 hours. JW / JH -------------
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Crash east of Lane-Clark rest area leads to arrest
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 7/26/15 8:10 p.m. Please direct questions to the District Office On Sunday, July 26th, 2015, at approximately 11:30 a.m., Idaho State Police investigated a two-vehicle injury crash on US Highway 26 at milepost 362, five miles east of the Lane-Clark Rest Area. Jessica Cyr, 32, of Rigby, was stationary on the eastbound shoulder of US-26 in a Chevrolet Cavalier. Keisha Gallagher, 25, of Idaho Falls, was westbound in a Mazda 6. Cyr attempted to make a u-turn to westbound traffic and was struck by Gallagher's vehicle. It is unknown whether any of the occupants were wearing seatbelts. Airbags deployed in both vehicles. Both Cyr and her passenger, Bradley Andersen, 35, of Rigby,…
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Tsarnaev Moved from USP to Supermax
I missed the news earlier this week that Dzhokhar Tsarnaev was moved from the USP at Florence to ADX (Supermax.) Supermax has 9 units in four maximum security levels, but because Tsarnaev has Special Administrative Measures (SAMS), restricting... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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The Traffic stop in Michigan DUI, Criminal and License Cases
Whether it's a drunk driving (DUI), driver's license restoration, driving while license suspended or revoked, or even a drug possession or indecent exposure charge, the overwhelming majority of the cases I handle can trace their beginnings to the operation of a motor vehicle. Criminal and driver's license cases as a result of something that was done in or with a car is something that I deal with every day, and almost all day long. A traffic stop can give rise to all kinds of legal issues (the most important of which is called "reasonable suspicion"), but the reality is that, beyond those issues, almost everyone I represent has found him or herself in trouble for something related to a vehicle. In driver's license restoration cases, I help get somebody back into the driver's seat. In all other situations, I help someone get out of trouble. Consider this: A somewhat niche and unique aspect of my practice concentrates in indecent exposure…
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Can You Smoke During a Traffic Stop?
Attorney Page Pate joins CBS Atlanta on WGCL Channel 46 to discuss the practical and legal issues faced by Sandra Bland when she was asked to stop smoking and get… read more → The post Can You Smoke During a Traffic Stop? appeared first on .
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Weisburd & Telep on Place-Based Policing
David L. Weisburd and Cody W. Telep (Hebrew University of Jerusalem and George Mason University) have posted The Efficiency of Place-Based Policing on SSRN. Here is the abstract: In this chapter we argue that place based policing is not only...
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"On the Argument That Execution Protocol Reform is Biomedical Research"
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Uber Driver Kills Pedestrian, and Uber Settles with Pedestrian’s Family
Syed Muzzafar, a 57-year-old Uber driver in San Francisco, struck and killed a pedestrian in a crosswalk in the Civic Center area of San Francisco on New Year’s Eve 2013. 6-year-old Sofia Liu was killed and her 5-year-old brother and …The post Uber Driver Kills Pedestrian, and Uber Settles with Pedestrian’s Family appeared first on Colorado Springs Accident Attorney | Quality Legal.
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Sandra Bland Video Highlights the Importance of Thorough Discovery, Especially for DUIs, and Winning the Credibility Battle
Last week I posted on the horrific Sandra Bland video that showed the initial contact, detention, and arrest of Ms. Bland. Officer Encinia exacerbated the interaction with Ms. Bland by repeatedly asking her "are you okay" and commenting on her initial annoyance, asking her for an explanation, then denigrating it, and needlessly ordering her around after she was handcuffed. He exceeded his legal authority by ordering her to put out her cigarette, ordering her out of the car, drawing his Tazer at her and threatening "I will light you up!," handcuffing her, throwing her to the ground, and possible battery (hitting her). But it is the audio portion of the video that shows where the real battle will be for any defendant, and in this case Ms. Bland's estate, to win the case- law enforcement credibility. In criminal charges, credibility vastly weighs in favor of law enforcement officers, and even minor omissions or misinterpretations are not…
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City of Kent v. Cobb | Is 5 ng. Arbitrary?
The Washington Supreme Court is sending Kent v Cobb back to Division I to examine Due Process and whether the I-502 statute violates constitutional rights because it fails to ·provide notice that conduct was unlawful when courts applied and interpreted it in an arbitrary manner. “…a person cannot know when his conduct passes from lawful driving after consuming a small…
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Kevin Cooper: Still Guilty After All These Years
California's capital punishment opponents have a problem. Despite about a thousand capital judgments in the post-Gregg era (beginning with the passage of the Deukmejian bill in 1977), they don't have a single substantiated case of an actually innocent person receiving that sentence. So they have to make some up.SF Chrontrarian Debra Saunders has this column on the CNN series Death Row Stories and its episode on Kevin Cooper. First, she notes a prior episode of the series.Last year, CNN's "Death Row Stories" ran an episode about a California woman convicted of first-degree murder, then freed when a federal judge overturned the verdict because prosecutors withheld evidence. I had a few issues with the episode, in part because Gloria Killian was not tried for capital murder and never spent a minute on Death Row. I wrote at the time, CNN should rename the series, narrated by capital-punishment opponent Susan Sarandon, "Death Row…
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The Sad and Tragic Case of Sandra Bland
Sandra Bland was laid to rest this past weekend . Ms. Bland's arrest and death has been widely reported in the media. Questions linger on why she was arrested and the circumstances leading to her death. Coming back from court her story was featured on the radio program On Point . CNN ran a video on a citizen's rights during a traffic stop. What are a citizen's rights during a traffic stop in Tennessee ? Once stopped for a traffic violation a citizen must display the following; A driver's license. Proof of vehicle registration. Proof of automobile insurance. Can the police order you out of your car ? Under the U.S. Supreme Court case of Pennsylvania v. Mimms, the court embraced the concept that a officer could order a citizen out of a car . The Tennessee Supreme Court in Donaldson ruled that a police officer could order a citizen out of their car during a traffic stop. Can a Tennessee police officer arrest you for a traffic offense ?…
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A bumper crop of opinions
Some days -- and even weeks -- you have to dig pretty hard to find a case that addresses an interesting issue in criminal law in the Sixth Circuit. Other days, such as last Friday, the corn is as high as an elephant's eye. And while everything did not go the way of the defendants of the world, some of the opinions were pretty good. With apologies for the rather cursory discussion, here's what you missed if you took a long weekend:United States v. Detloff -- A nice win out of the FPD's office in Ohio on a supervised release issue. The Sixth Circuit found itself reminding district courts (and the government, and the appellant's original counsel) that Michigan's resisting arrest statute (Section 750.81d(1)) is not categorically a violent offense. The opinion also helpfully reminded the district court that the guidelines are not mandatory and do not require the supervised-release sentence to run consecutively to his other…
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Lazaro on Criminal Financial Abuse of the Elderly
Christine Lazaro (St. John's University - School of Law) has posted Financial Abuse of the Elderly (PIABA 21st Annual Meeting Materials) on SSRN. Here is the abstract: As of 2010, more than 10 percent of the population is aged 65...
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Making the case that sentencing reform should (and must) include "violent" offenders
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John Oliver (often amusingly) covers Prez Obama's clemencies and mandatory minimums
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