Civil Rights & Constitutional Law

Decision

State v. Johnson

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Monday, February 4, 2013

In its 1993 decision in State v. Robinson, the Connecticut Supreme Court explained that "[w]here a defendant voices a seemingly substantial complaint about counsel, the court should inquire into the reasons for dissatisfaction?"

News

Taking A Shot At The Firearms Industry

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Friday, January 18, 2013

Minutes after President Barak Obama gave a national address last week on gun control reform in the wake of the Newtown killings, the Law Tribune spoke with Michael Lawlor, one of the chief architects of Connecticut's 1993 assault weapons ban.

Decision

State v. Moore

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Monday, December 31, 2012

To prevail on a claim that a panel of jurors does not include a "fair cross section" of the community, a defendant must prove the underrepresentation of a particular group in the pool of jurors resulted from the systemic exclusion of that particular group.

Decision

Vializ v. Crespo

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Monday, December 31, 2012

A plaintiff who pleads guilty to underlying criminal charges of unlawful possession and discharge of a handgun may not prevail on a complaint alleging false arrest.

Decision

Schadee v. Maldonado

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Monday, December 10, 2012

Even if the inmate provoked the initial argument with corrections officials, the inmate may sue officials who allegedly used excessive force and continued to beat the inmate, after he was lying on the ground in handcuffs.

Decision

Mack v. Johnson

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Monday, December 3, 2012

Verbal harassment and threats may not arise to the level of a constitutional violation, for purposes of a civil-rights complaint under 42 United States Code §1983.

Decision

Mercer v. Champion

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Monday, November 26, 2012

Pursuant to the U.S. Supreme Court's 2006 decision in U.S. v. Georgia, as followed by the 2006 Connecticut Appellate Court case of Mercer v. Strange, as long as a private cause of action against the state for money damages stems from conduct that violates the 14th Amendment to the U.S. Constitution, Title II of the Americans with Disabilities Act, 42 U.S.C. §12101 validly abrogates state sovereignty without necessitating a showing of discriminatory animus or ill will.

Decision

Traylor v. Steward

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Monday, November 26, 2012

To prevail on a §1985 conspiracy claim, a plaintiff must allege a common agreement to discriminate against and to deprive an individual of his constitutional rights.

Decision

Nyenhuis v. Metropolitan District Commissio

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Monday, November 12, 2012

To prevail on a due-process liberty claim, a plaintiff must allege 1.) the utterance of a statement about her that is injurious to her reputation, that is capable of being proved false, and that she claims is false; and 2.) some tangible and material state-imposed burden in addition to the stigmatizing statement, pursuant to Velez v. Levy, a 2005 decision of the 2nd Circuit.

Decision

Kuck v. Danaher

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Monday, November 5, 2012

Delays of up to 14 to 16 months to process appeals may be insufficient to establish constitutional due-process violations. Plaintiff James Goldberg's gun permit was revoked in June 2007, after he wore his firearm to a restaurant, the restaurant manager called 911, and Goldberg was charged with breach of the peace.