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Justice Department Suing Rader Center, Oklahoma.
Breaking Legal News | 2006/12/16 10:52

The Justice Department today filed a lawsuit challenging the conditions of confinement at the L.E. Rader Center, a juvenile facility in Sand Springs, Oklahoma.

The complaint alleges that conditions at the facility, which houses 215 boys up to 19 years old, routinely and systemically deprive youths of federally protected civil rights in violation of the Violent Crime Control and Law Enforcement Act of 1994 and the Civil Rights of Institutionalized Persons Act of 1980 (CRIPA). These statutes allow the federal government to identify and root out systemic abuses such as those allegedly discovered in Oklahoma.

This lawsuit, filed in U.S. District Court for the Northern District of Oklahoma follows an investigation of two and a half years, the findings of which were detailed in a letter sent to Oklahoma Governor Brad Henry in June 2005. That findings letter documented evidence of numerous alleged civil rights violations, including youth-on-youth violence, staff-on-youth violence, youth-on-staff violence, sexual misconduct between youths and staff, sexual misconduct among youths, an inadequate system to prevent suicide and self-injurious behavior, and inadequate psychotropic medication administration. The Civil Rights Division has successfully resolved investigations of other juvenile justice facilities in Arizona, Arkansas, California, Georgia, Hawaii, Louisiana, Maryland, Michigan, Nevada, New Jersey, Puerto Rico, and Saipan. Investigations concerning juvenile justice facilities in California, Indiana, Maryland, New Jersey, Ohio, and Texas are pending.

In addition to juvenile facilities, CRIPA protects all institutionalized persons. Since 2001, the Department of Justice has opened 67 similar investigations into the conditions at nursing homes, mental health facilities and residences for persons with developmental disabilities, as well as similar institutions. These figures represent a significant increase over the 47 such investigations initiated over the preceding six years.



Former officer gets 19 years for robbing drug dealers
Court Watch | 2006/12/16 10:47

A former reserve officer with the Memphis Police Department, Andrew Hunt, was sentenced today to 19 years in prison and 3 years of supervised release for his part in plotting and taking part in robbery and kidnapping while on duty, the Justice Department announced.

In addition, Hunt will pay $300 in special assessments for his involvement in a conspiracy to deprive citizens of their civil rights, for extortion affecting interstate commerce, and for using a firearm in the commission of a crime of violence or a drug trafficking crime. Hunt pleaded guilty in Sept. 2006.

“It is profoundly sad when one individual abuses a position of power and public trust,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is committed to prosecuting all cases of official misconduct and to bringing these individuals to justice.”

As part of his guilty plea, the defendant acknowledged that a co-conspirator arranged to purchase a kilogram of cocaine from an individual known as "J.J." Officer Hunt, while in uniform, on duty, and using a marked squad car, made a traffic stop of “J.J.” prior to the transaction and robbed him of $1,000 in cash, a $15,000 watch, and a cellular telephone. Hunt told “J.J.” he would return the kilogram of cocaine if J.J. produced $15,000 in cash. The next day, “J.J.” produced $9,500, but Hunt took the money and kept the cocaine.

The defendant further acknowledged that on Sept. 12, 2005, a co-conspirator arranged the purchase of four kilograms of cocaine from Pedro Moreno and Victor Saucedo. While in uniform, armed, and driving a marked squad car, Hunt and his co-conspirators robbed the men of the cocaine and kidnapped them. When the men could not produce the ransom demanded by Hunt, he arrested them for possession of 189.5 grams of cocaine and split the remainder of the four kilograms of cocaine with his co-conspirators.

In related matters, former Memphis police officers Arthur Sease, Antoine Owens, and Alexander Johnson were charged in September in a 50-count indictment charging conspiracy to violate civil rights, conspiracy to distribute controlled substances, violation of civil rights, extortion, possession of controlled substances with intent to distribute, and use of a firearm in the commission of a crime of violence or a drug trafficking crime.

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement officials.  In fiscal year 2006, nearly 50 percent of the cases brought by the Criminal Section of the Civil Rights Division involved such prosecutions. Since fiscal year 2001, the Division has convicted 50 percent more defendants for excessive force and official misconduct than in the preceding six years. 

Assistant United States Attorney Steve Parker of the Western District of Tennessee and Trial Attorney Jonathan Skrmetti from the Civil Rights Division are prosecuting the case.



Florida governor suspends all executions
Law Center | 2006/12/16 10:43

Florida Governor Jeb Bush suspended all executions in the state Friday after a medical examiner said that the execution of Angel Diaz earlier this week was botched. Diaz endured a 34-minute-long execution and medical examiner Dr. William Hamilton said Friday that preliminary autopsy results showed that a second injection was required in the execution because needles were improperly inserted into the flesh of Diaz's arm during the first injection. Hamilton did not specify whether he believed Diaz suffered a painful death. Bush appointed a commission to study Florida's lethal injections procedures and the governor halted the signing of death warrants until the commission submits its report.

After the botched execution Wednesday, death penalty critics filed an emergency petition with the Florida Supreme Court seeking to once again halt the death penalty in the state. Petitioners, including numerous people currently on Florida's death row roster, asked the court to exercise its All Writs jurisdiction and declare that the state's lethal injections procedures violate the Eighth Amendment of the US Constitution.



Bosnian Serb gets 20 years for war crimes
Breaking Legal News | 2006/12/16 10:41

The war crimes Court of Bosnia and Herzegovina convicted its third defendant in one week on Friday when it sentenced Dragan Damjanovic to twenty years in prison. Damjanovic was found guilty on six of the seven counts of crimes against humanity listed in his indictment, including murder, torture and rape committed during Bosnia's 1992-95 war.

The ruling marks the War Crimes Court's ninth conviction since its establishment last year. Earlier this week, the court sentenced a Bosnian Croat to thirteen years in prison and another Bosnian Serb to twenty-four years in prison for war crimes. Last month, the court sentenced the first defendant to be transferred from the International Criminal Tribunal for the former Yugoslavia (ICTY). Bosnian lower courts have already tried approximately 1000 war crimes cases to relieve the backlog of the ICTY, and some two dozen other suspects are awaiting trial at the war crimes court.



Federal judge rules California lethal injection protocol
Court Watch | 2006/12/16 05:43

A federal judge issued a memorandum of intended decision Friday, concluding that California's lethal injection procedure creates "an undue and unnecessary risk" of cruel and unusual punishment in violation of the Eighth Amendment of the US Constitution. The memorandum came in the case of condemned killer Michael Morales, who argued that it was not certain that the chemical cocktail to be used in his lethal injection would not prevent him from experiencing extreme pain during the process.

Morales' execution was postponed indefinitely in February after a court ruling that medical professionals must monitor executions by lethal injection to be sure that the inmate feels no pain. The ruling imposed a virtual moratorium on executions in California as anesthesiologists refused to take part in the execution.

In his memorandum Friday, US District Judge Jeremy Fogel wrote that:

At the present time, ... Defendants' implementation of California's lethal-injection protocol lacks both reliability and transparency. In light of the substantial questions raised by the records of previous executions, Defendants' actions and failures to act have resulted in an undue and unnecessary risk of an Eighth Amendment violation. This is intolerable under the Constitution.

Fogel set a 30-day deadline for the state to determine whether the lethal injection protocol would be modified.



Alabama jury finds Merck not liable in latest Vioxx trial
Breaking Legal News | 2006/12/16 03:39

An Alabama jury returned a verdict in favor of pharmaceutical giant Merck & Co. on Friday, concluding that the drug Vioxx did not cause the plaintiff in the case to suffer a heart attack. The jury also found that Merck did not withhold information prior to removing the drug from the market in 2004. The plaintiff, Gary Albright, 57, had asked for over $5 million in damages for the heart attack that he suffered in 2001. Evidence was introduced that other pre-existing conditions may have led to Albright's heart attack. Albright has not announced whether he will appeal the verdict.

The Alabama verdict marks Merck's fourth state victory; it has lost three other state suits, and a New Jersey verdict in its favor was vacated in August. On Wednesday, Merck won its fourth federal victory when a jury in New Orleans found it not liable for damages related to Vioxx. While Merck lost a federal trial in August, the judge rejected the $50 million verdict as excessive and ordered a new trial for damages. Merck continues to face thousands of individual lawsuits and hundreds of class actions over the drug, which was pulled from the market after a study showed that it could double the risk of heart attack or stroke if taken for more than 18 months. Last month, a federal judge rejected a bid to combine all federal lawsuits against Merck into a single class action.



Israel's high court upheld the military action
International | 2006/12/15 20:19
Israel's high court on Thursday upheld the military's right to assassinate members of what the state defines as terrorist organizations, but cautioned that decisions to launch such operations should always weigh the potential harm to civilian bystanders and the rights of the person being targeted.

The unanimous decision, one of the last to be issued by retiring Chief Justice Aharon Barak, represented a disappointing defeat for Israeli and Palestinian human-rights organizations that have called the tactic, pioneered during the most recent Palestinian uprising, a war crime.

Hawkish lawmakers and officials from Israel's security establishment expressed pleasant surprise over the ruling given that Barak, an activist judge throughout his decades-long career, has often come down against the military in cases where human rights and security measures appear to conflict.

In its summary of the ruling, which has been highly anticipated inside and outside Israel, the court said the state "must balance security needs and human rights."


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