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Judge dismisses lawsuit over Geronimo's remains
Court Watch | 2010/08/10 02:19

A federal judge has dismissed a lawsuit by descendants of the Apache warrior Geronimo, who claimed some of his remains were stolen in 1918 by a student society at Yale University.

The lawsuit was filed last year in Washington by 20 descendants who want to rebury Geronimo near his New Mexico birthplace.

It claimed Skull and Bones members took some remains from a burial plot at Fort Sill, Okla., where Geronimo died in 1909.

Judge Richard Roberts last month granted a Justice Department motion to dismiss, saying the plaintiffs didn't establish the government had waived its right not to be sued without its consent.

He also dismissed the lawsuit against Yale and the society, saying the plaintiffs cited a law that applies only to Native American cultural items excavated or discovered after 1990.

Skull and Bones is not officially affiliated with Yale.



Nazi-naming parents shouldn't get kids
Court Watch | 2010/08/06 08:56

A New Jersey couple who gave their children Nazi-inspired names should not regain custody of them, a state appeals court ruled Thursday, citing the parents' own disabilities and the risk of serious injury to their children.

The state removed Heath and Deborah Campbell's three small children from their home in January 2009.

A month earlier, the family drew attention when a supermarket refused to decorate a birthday cake for their son, Adolf Hitler Campbell. He and siblings JoyceLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell have been in foster care.

A family court had earlier determined that there was insufficient evidence that the parents had abused or neglected the children. That decision was stayed until the appeals court could review it. On Thursday, the three-judge appeals panel determined there was enough evidence and that the children should not be returned.



Fed court bars candidate's lawsuit over expletive
Court Watch | 2010/08/05 06:38

A federal court has tossed a lawsuit filed by a candidate for the Wisconsin state Assembly who wants to use a racially charged phrase to describe herself on the ballot.

U.S. District Judge Rudolph Randa says in the Wednesday order that Ieshuh (eye-EE'-shu) Griffin's lawsuit must be dismissed because it is a habeas corpus action, which requires the person bringing it to be in custody.

Randa did not discuss the merits of the lawsuit. Griffin is fighting a decision by the state board that regulates elections barring her from using the phrase "NOT the 'whiteman's b----'" to describe herself on the ballot.

Griffin tells The Associated Press she intends to refile the lawsuit as a civil rights action as well as appeal the judge's order on her original lawsuit.



Ginsburg anticipates being 1 of 3 female justices
Court Watch | 2010/08/04 04:45

Justice Ruth Bader Ginsburg says the prospect of three women on the Supreme Court is exhilarating, and she intends to stay around and enjoy it.

After the death of her husband and her own treatment for cancer, there was speculation that the 77-year-old justice would step down. But she told The Associated Press on Tuesday that she plans to remain on the court for the foreseeable future and still wants to match Justice Louis Brandeis, who retired at age 82.

Ginsburg talked with the AP as the Senate began debate on the all-but-assured confirmation of high court nominee Elena Kagan, chosen by President Barack Obama to replace John Paul Stevens. Last year, Justice Sonia Sotomayor joined the court after David Souter retired.



Calif. high court upholds affirmative action ban
Court Watch | 2010/08/03 08:47

California's high court on Monday upheld the state's 14-year-old law barring preferential treatment of women and minorities in public school admissions, government hiring and contracting.

In a 6-1 ruling, the state Supreme Court rejected arguments from the city of San Francisco and Attorney General Jerry Brown that the law, known as Proposition 209, violates federal equality protections.

Opponents of the ban say it creates barriers for minorities and women that don't exist for other groups, such as veterans seeking preference.

The ruling written by Justice Kathryn Werdegar came in response to lawsuits filed by white contractors challenging San Francisco's affirmative action program, which was suspended in 2003.

"As the court recognized, Proposition 209 is a civil rights measure that protects everyone, regardless of background," said Sharon Browne, a lawyer for the Pacific Legal Foundation, which represented the contractors. "Under Proposition 209, no one can be victimized by unfair government policies that discriminate or grant preferences based on sex or skin color."

If San Francisco wants to resurrect the program, the Supreme Court said it must show compelling evidence the city "purposefully or intentionally discriminated against" minority and women contractors and that such a law was the only way to fix the problem.



US appeals court: Pa. prison can ban Muslim scarf
Court Watch | 2010/08/03 03:55

Prison officials can ban employees from wearing religious headscarves out of concerns they pose a safety risk, a U.S. appeals court in Philadelphia ruled Monday in a split 2-1 decision.

Prison officials have legitimate concerns the headscarves can hide drugs or other contraband, or be used by an inmate to strangle someone, the majority said.

The ruling dismisses a lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of three Muslim women employed at the Delaware County Prison in suburban Thornton. The EEOC had said they were being forced to compromise their religious beliefs to keep their jobs.

The suit was filed against the Geo Group, a Boca Raton, Fla.-based contractor that formerly operated the facility.

After the prison implemented a ban on hats and headscarves in 2005, nurse Carmen Sharpe-Allen was fired for refusing to remove her headscarf, or khimar, at work. Intake clerk Marquita King and correctional officer Rashemma Moss, after some deliberation, agreed to remove their headscarves on the job.



Jury questioning begins in Anna Nicole Smith case
Court Watch | 2010/08/02 02:51

Jury questioning is slated to begin Monday in Los Angeles in the drug conspiracy trial of Anna Nicole Smith's doctors and her lawyer-boyfriend.

Superior Court Judge Robert Perry says questionnaires filled out by prospective jurors show most of them know something about the former Playboy model's life and death. Jury questioning will help determine how much they know and what they think about the charges.

Perry hopes to have a panel seated in two days. Opening statements are scheduled for Wednesday.

Dr. Sandeep Kapoor, Dr. Khristine Eroshevich and Howard K. Stern have pleaded not guilty to conspiring to illegally provide Smith with massive amounts of opiates and sedatives. They are not charged in her 2007 overdose death in Florida.



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