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Court says Baltimore police could fire officer in force case
Headline Legal News | 2018/05/13 19:39
The Maryland Court of Special Appeals has ruled the Baltimore Police Department followed procedure when it fired an officer accused of excessive force.

The Daily Record of Baltimore reports Serge Marcien Antonin was fired for repeatedly slapping a detained teenager who allegedly stole a car. The court opinion filed Tuesday says Antonin was charged with assault and two counts of misconduct for the 2013 use of force.

He entered a plea on a misconduct charge in 2015 that said there was enough evidence to convict him but he maintained his innocence. He was put on probation. The other charges were dismissed.

Antonin was fired in 2016 when a police hearing board found him guilty of excessive force. The Baltimore City Circuit Court previously ruled the department didn’t follow policy.


Supreme Court rejects anti-abortion pastor's appeal on noise
Headline Legal News | 2018/04/17 12:18
The Supreme Court won't hear an appeal from a pastor who challenged a state law's noise limit that was used to restrict his anti-abortion protest outside a Planned Parenthood clinic in Portland, Maine.

The justices offered no comment Monday in rejecting the appeal from the Rev. Andrew March. He sued after he said Portland police officers repeatedly told him to lower his voice while he was protesting outside the clinic. March says police invoked a part of the Maine Civil Rights Act that applies to noise outside health facilities.

March says the law "targets pro-life advocates" in violation of the Constitution. A district judge temporarily blocked its enforcement, but the federal appeals court in Boston reversed that ruling.



Michigan Democrats back Nessel for state attorney general
Headline Legal News | 2018/04/16 19:17
Thousands of fired-up Michigan Democrats endorsed Dana Nessel on Sunday in a hotly contested race for state attorney general, backing the former prosecutor-turned-civil rights lawyer to wrest back control of an office the party last held 16 years ago.

If elected in November, Nessel — who helped mount a successful legal challenge to the state's same-sex marriage ban — would be Michigan's first openly gay statewide officeholder. She defeated Pat Miles, the former U.S. attorney for western Michigan in the Obama administration, in a fight that drew a record number of delegates to Detroit.

"I want to bring empathy back to the office of Michigan attorney general," Nessel said after her victory inside a packed convention hall in the Cobo Center, where she became the rare candidate to win a convention fight despite not being supported by the influential United Auto Workers union and Michigan AFL-CIO, which had backed Miles. "With the help of not just Democrats in the state but independents and yes, even Republicans, I think we can do that and I look forward to being able to try."

The 48-year-old Nessel, who was a Wayne County assistant prosecutor for 11 years, co-owns a small Detroit law firm that among other things focuses on criminal defense, family law and adoptions for same-sex couples. Barring a surprise, she will be officially nominated at Democrats' next convention in August and face a Republican nominee — either state House Speaker Tom Leonard or state Sen. Tonya Schuitmaker — in the November election. GOP Attorney General Bill Schuette cannot run again due to term limits and is instead vying for governor.

Nessel's win sets the stage for a female-dominated Democratic statewide ticket if favorite Gretchen Whitmer wins the gubernatorial primary election in August. Democrats, who flooded the convention despite icy, rainy weather, also endorsed Jocelyn Benson for secretary of state in an uncontested race, and U.S. Sen. Debbie Stabenow is running for re-election to a fourth term.



Zuckerberg Flubs Details of Facebook Privacy Commitments
Headline Legal News | 2018/04/13 17:49
Over two days of questioning in Congress, Facebook CEO Mark Zuckerberg chief revealed that he didn’t know key details of a 2011 consent decree with the Federal Trade Commission that requires Facebook to protect user privacy.

With congressional hearings over and no immediate momentum behind calls for regulation, the biggest hammer still hanging over Facebook in the U.S. is a fresh FTC investigation . The probe follows revelations that pro-Trump data-mining firm Cambridge Analytica acquired data from the profiles of millions of Facebook users. Facebook also faces inquiries in Europe.

The 2011 agreement bound Facebook to a 20-year privacy commitment , and any violations of that pact could cost Facebook a ton of money, even by its flush-with-cash standards. If Zuckerberg’s testimony before Congress is any indication, the company might have something to worry about.

Zuckerberg repeatedly assured lawmakers Tuesday and Wednesday that he believed Facebook is in compliance with that 2011 agreement. But he also flubbed simple factual questions about the consent decree.

“Congresswoman, I don’t remember if we had a financial penalty,” Zuckerberg said under questioning by Colorado Rep. Diana DeGette on Wednesday.

“You’re the CEO of the company, you entered into a consent decree and you don’t remember if you had a financial penalty?” she asked. She then pointed out that the FTC doesn’t have the authority to issue fines for first-time violations.

In response to questioning by Rep. Mike Doyle of Pennsylvania, Zuckerberg acknowledged: “I’m not familiar with all of the things the FTC said.”

Zuckerberg also faced several questions from lawmakers about how long it takes for Facebook to delete user data from its systems. He didn’t know.

The 2011 consent decree capped years of Facebook privacy mishaps, many of which revolved around its early attempts to follow users and their friends around the web. Any violations of the 2011 agreement could subject Facebook to fines of $41,484 per violation per user per day. To put that in context, Facebook could theoretically owe $8 billion for one single day of a violation affecting all of its American users.

The current FTC investigation will look at whether Facebook engaged in “unfair acts” that cause “substantial injury” to consumers.



Russian court blocks popular messaging app in privacy row
Headline Legal News | 2018/04/11 00:50
A Russian court on Friday ordered the blocking of a popular messaging app, Telegram, after it rejected to share its encryption data with authorities.

The Moscow court on Friday ruled in favor of the Russian communications watchdog, which had demanded that Telegram be blocked in Russia until it hands over the keys to its encryption.

The ban comes after a protracted dispute between Telegram and Russian authorities, who insist they need access to the encryption keys to investigate serious crimes, including terrorist attacks. Telegram is arguably the first widely popular means of communications in Russia that has been officially banned.


Telegram, a popular app developed by Russian entrepreneur Pavel Durov, argues that Russia's FSB intelligence service is violating consumer rights, while authorities say the app has been used by violent extremists.

Durov had asked his lawyers not to attend Friday's court hearing because he said he saw the verdict as a foregone conclusion.

Pavel Chikov, one of Telegram's lawyers, said in a post on his Telegram channel that the company would not back down in the face of the Russian intelligence services because the court hearing, which lasted about 20 minutes, showed that the case against Telegram is politically motivated.


California parents face new charges in kids' torture case
Headline Legal News | 2018/02/24 06:23
A Southern California couple suspected of starving and shackling some of their 13 children pleaded not guilty Friday to new charges of child abuse.

David and Louise Turpin previously entered not-guilty pleas to torture and a raft of other charges and are being held on $12 million bail.

Louise Turpin also pleaded not guilty to a new count of felony assault.

Louise Turpin, dressed in a blouse and blazer, looked intently at more than a dozen reporters in the courtroom. David Turpin, wearing a blazer, tie and black-rimmed glasses, kept his eyes on the judge during the hearing. Both said little except to agree to a May preliminary hearing.

The couple was arrested last month after their 17-year-old daughter escaped from the family's home in Perris, California, and called 911. Authorities said the home reeked of human waste and evidence of starvation was obvious, with the oldest sibling weighing only 82 pounds.

The case drew international media attention and shocked neighbors who said they rarely saw the children, who appeared to be skinny, pale and reserved.

Authorities said the abuse was so long-running the children's growth was stunted. They said the couple shackled the children to furniture as punishment and had them live a nocturnal lifestyle.

The children, who range in age from 2 to 29, were hospitalized immediately after their rescue and since then Riverside County authorities, who obtained temporary conservatorship over the adults, have declined to discuss their whereabouts or condition.

Attorneys representing the adult siblings told CBS News, however, that the seven are living at Corona Medical Center, where they have an outdoor area for sports and exercise, and are making decisions on their own for the first time.



Court allows Pennsylvania to redraw GOP-favored district map
Headline Legal News | 2018/02/06 16:55
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, rejected the request from GOP legislative leaders and voters to put on hold an order from the state Supreme Court intended to produce new congressional districts in the coming two weeks.

The Pennsylvania high court ruled last month that the current map of 18 districts violates the state constitution because it unfairly benefits Republicans.

The decision comes just four days before the Republican-controlled Legislature's deadline for submitting a replacement map for Democratic Gov. Tom Wolf to consider. So far, there has been a notable lack of bipartisan movement on getting such a deal.

Pennsylvania's congressional delegation has been 13-5 in favor of Republicans during the three election cycles since the GOP-drawn 2011 map took effect, and experts have said those 13 seats are several more than would have been produced by a nonpartisan map.

Democrats have about 800,000 more registered voters than Republicans and hold all three elected statewide row offices, but Republicans enjoy solid majorities in both chambers of the Legislature.

Under the process laid out two weeks ago by four of the seven Pennsylvania Supreme Court justices, all Democrats, the Legislature has until Friday to approve a new map, after which Wolf will have until Feb. 15 to decide whether to endorse it and submit it to the justices.

Senate Republican Leader Jake Corman said Monday he's had "zero" discussions with Wolf and legislative leaders about new district boundaries and could not guarantee he will meet the deadline.

The state Supreme Court said it expects new districts to be in place by Feb. 19, and the new map is expected to be in play for the May 15 congressional primaries.



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