Civil Rights & Constitutional Law
Decision
Huertas v. Commissioner of Correction
-
- Subscription Required
Monday, May 20, 2013
In the companion case of Gonzalez v. Commissioner of Correction, the Supreme Court concluded "that the habeas petitioner had a sixth amendment right to the effective assistance of counsel at the arraignment stage in which proceedings pertaining to the setting of bond and credit for presentence confinement occurred because it is clear that potential substantial prejudice to the petitioner's right to liberty inhered to the arraignment proceedings and the petitioner's counsel had the ability to help avoid that prejudice by requesting that the bond on [previous arrests] be raised at the arraignment on [a subsequent] arrest."
Decision
Klimas v. Lantz
-
- Subscription Required
Monday, May 20, 2013
Prison regulations that restrict inmates' rights to receive mail are valid, if the regulations are reasonably related to legitimate, penological interests, and they do not result from exaggerated responses to prison officials' concerns.
Decision
Sentementes v. D'Amico
-
- Subscription Required
Monday, May 13, 2013
To allege that a defendant violated a plaintiff's rights, pursuant to 42 United States Code §1983, a plaintiff must allege: 1.) the alleged conduct was attributable to a person who acted under color of state law; and 2.) the alleged conduct deprived the plaintiff of a right, privilege or immunity under the Constitution or laws of the U.S.
Decision
Troland v. Whitehead
-
- Subscription Required
Monday, May 13, 2013
To prevail on a malicious prosecution claim in Connecticut, a plaintiff must prove: 1.) the defendants initiated criminal proceedings against the plaintiff; 2.) the criminal proceedings terminated in the plaintiff's favor; 3.) the defendant acted without probable cause; and 4) the defendant acted with malice, for a purpose other than to bring a criminal offender to justice.
Decision
Watrous v. Borner
-
- Subscription Required
Monday, May 6, 2013
A court can order a member of an inland-wetlands agency, who allegedly violated a property owner's substantive due-process rights, to immediately take action to "remove or release any cease-and-desist orders recorded on the Property."
Decision
Vega v. Lantz
-
- Subscription Required
Monday, May 6, 2013
A court can deny motions to preclude witnesses' testimony, without prejudice to a party raising specific objections at a later date.
Decision
Bennett v. Pascone
-
- Subscription Required
Monday, April 29, 2013
Police can possess probable cause to charge an individual with burglary, after a break in is reported at a construction site, the individual flees from police and construction equipment is discovered in the individual's van.
Decision
Connecticut Association of Health Care Facilities Inc. v. Bremby
-
- Subscription Required
Monday, April 29, 2013
A Connecticut law that prohibits the discharge or eviction of Medicaid patients may not qualify as a Fifth Amendment taking.
Decision
Drazen v. Town of Stratford
-
- Subscription Required
Monday, April 15, 2013
To allege a prima facie case of disparate treatment under the Americans With Disabilities Act, a plaintiff must produce evidence that animus against a protected group was a significant factor.
Decision
State v. Polanco
-
- Subscription Required
Monday, April 1, 2013
When a defendant is convicted of a greater offense and a lesser included offense in violation of the double jeopardy clause of the federal constitution, the trial court shall vacate the conviction for the lesser offense rather than merging it with the conviction for the greater offense.
