Sentences with phrase «constitutional violations»

Since the Owner had made his claims under state law, the Court sent the case back to the state courts for a determination whether Florida law entitled the Owner to compensation for these potential constitutional violations.

The Justice Department makes clear that courts can be held accountable for constitutional violations committed by the firms they hire.

From vindicating innocence and remedying constitutional violations, to fighting wrongful infliction of the death penalty, we give the public the full weight of our influence.

But Arapio's department was found to have engaged in systematic constitutional violations and then Arpaio intentionally and repeatedly disregarded court orders designed to stop that behavior.

My pre-Turner criticism of South Carolina's child support enforcement procedures noted with approval a Florida court rule that addressed the constitutional violations Turner confirms existed within South Carolina's enforcement procedures.

claims in a section 1983 action alleging constitutional violations by a law enforcement department related to an officer - involved shooting.

BDS's Special Litigation Counsel works with BDS defenders and clients, outside counsel and activists, to identify systemic criminal justice deficiencies and constitutional violations that unjustly affect criminal justice outcomes for our clients.

As a general rule, state law refers to cases such as broken contracts, robberies, family law, traffic violations etc while federal law refers to cases such as constitutional violations for which your country is party, copyright infringement and intellectual property cases, patent cases etc..

As Scalia put it in Rita, ``... there will inevitably be some constitutional violations under a system of» [beyond a reasonable doubt because some judges are smarter than some juries and when that happens our balance of powers as exercised by the people can go take a dump].

It takes an experienced criminal defense attorney to not only spot these constitutional violations, but to make sure that the government can not take advantage of you by violating of your rights.

As Scalia put it in Rita, ``... there will inevitably be some constitutional violations under a system of substantive reasonableness review, because there will be some sentences that will be upheld as reasonable only because of the existence of judge - found facts.»

In his analysis of the ruling at SCOTUSblog, Lyle Denniston says the case «raises significant new questions about how sturdy the «exclusionary rule» is as a remedy for constitutional violations by police» and suggests «new doubt about the continuing validity of the «knock - and - announce» rule.»

Additionally, we may assert an array of defenses and challenges to constitutional violations, such as a Miranda Rights violation.

Across the country, there have been some substantial, high - profile awards in cases in which judges found constitutional violations against owners.

Improper searches and seizures, unlawful arrests, and other Constitutional violations can all result in tainted evidence.

This expertise includes handling cases alleging constitutional violations and police misconduct such as excessive force and unlawful arrest claims as well as state claims of negligent training, investigation and malicious prosecution.

«Nor has Congress provided a statutory cause of action for constitutional violations against federal officers,» the motion says.

It is filing its own suit in Texas «to investigate potential claims of abuse of process, civil conspiracy, and constitutional violations» and is seeking to depose a number of environmental activists who took part in that meeting.

The Justice Department, for example, often ignores the misconduct and constitutional violations committed by its own employees, while the federal Energy Department is one of the biggest violators of America's environmental laws.

In Connecticut and nationally, courts have consistently ruled that underfunded schools amount to constitutional violations of children's right to an education.

The lawsuit that candidate Malloy was so strongly supporting is based on the recognition that Connecticut's school funding system «has resulted in constitutional violations that disproportionately impact African - American, Latino, and other minority students.»

Back in February they asked the attorney general — I say asked, they called it a «legal demand» — to start proceedings against the law, citing seven putative constitutional violations.

However, he affirmed the district - court ruling that teachers and aides repeatedly bringing the child to a closed - door «timeout room,» as well as alleged instances of physical abuse at school, did not rise to constitutional violations because they did not «shock the conscience.»

From its cannibalistic proclivities, the world can see why the APC and its insensitive Federal Government care less about the lives and welfare of Nigerians, resulting in the escalation of violence, bloodletting, mass killings, extra-judicial executions, persecution of citizens, abuse of human rights, constitutional violations, including invasion of the National Assembly as well as attack on federal lawmakers and judicial officers.

The PDP spokesman said, «It is instructive to inform you that our leaders, particularly our National Chairman, Prince Uche Secondus, have been receiving threats since the PDP filed a petition to the United Nations and the Commonwealth of Nations, detailing documented threats to democracy by the APC and its Federal Government, abuse of human rights, mass killings, extrajudicial executions, persecution of opposition and unabated constitutional violations.»

«This has become manifest in the plot to rope members of «nPDP», especially those in the National Assembly, into gun - running and murder charges just because they came out to voice their opposition to the APC government's constitutional violations and executive brigandage in the running of our nation's affairs.»

Greens promote sane justice system and security policies, including a halt to the War on Drugs and constitutional violations

The second, Kevin Williamson on Why Obama Deserves Impeachment, is the bill of constitutional violations committed by our President.

If the first four commandments were enacted into law today, they would constitute plain constitutional violations.

Justice Samuel Alito wrote for the unanimous court, «once a use of force is deemed reasonable... it may not be found unreasonable by reference to some separate constitutional violation.»

Notably, seven provinces opposed to the legislation, which, «in its drafting, if not in its intent, had serious and, in the view of the vast majority of witnesses, fatal flaws as to the constitutional violation of sections 92 and 91 of the British North America Act, the Charter of Rights and Freedoms, freedom of speech, expression and association as protected by that very Charter of Rights and Freedoms,» Segal said.

Although the court ruled that the motto is compatible with any theistic religion, the state's apparent preference of religion to nonreligion constituted a further constitutional violation, according to the ACLU.

Second, that the independence of the Electoral Commission notwithstanding, the Supreme Court, having found an act or action of the Commission to be unconstitutional, is vested with power under the Constitution (article 2 (2)-RRB- to compel the Commission to take such steps or actions as the court deems appropriate to undo or remedy the constitutional violation.

Sharpe's dictum that Bruno can not talk to the press during the new trial smacks of Constitutional violation of free speech.

In any event, given [the child's] resistance, [the officer's] actions in this case simply do not rise to the level of a constitutional violation.»

To do this as an educational policy is within the broad discretionary powers of school authorities; absent a finding of a constitutional violation, however, that would not be within the authority of a federal court.

It was not the inequality of the facilities but the fact of legally separating children on the basis of race on which the Court relied to find a constitutional violation in 1954.

Because the program is neutral with regards to religion and, as the trial court found, has the secular purpose of expanding educational opportunity, there is no constitutional violation.

But Joe Thomas, president of the Arizona Education Association, argues that there is no constitutional violation.

I believe it most certainly is a Constitutional violation.

Stam told the Carolina Journal, «the only constitutional violation he [Hobgood] found can be easily remedied in the short session just by appropriating more than $ 11 million to the public school fund,» Stam said after Hobgood's ruling.

«There is no evidence — zero — that these statutes are the cause of any constitutional violation,» Rubin said.

Next: Pennsylvania's top court tosses congressional map, finds state constitutional violation

The trial judge went on to consider a previous Supreme Court of Canada decision, which had found that «[Courts] should be careful not to stigmatize every disproportionate or excessive sentence as being a constitutional violation, and should leave to the usual sentencing appeal process the task of reviewing the fitness of a sentence.

Seems like a clear constitutional violation.

We should be careful not to stigmatize every disproportionate or excessive sentence as being a constitutional violation, and should leave to the usual sentencing appeal process the task of reviewing the fitness of a sentence.

The short - term impact of this case for litigants will depend on how the court crafts a remedy if it finds a constitutional violation.

If the judge determines that a Constitutional violation has resulted in an adverse decision, you may be granted a form of post-conviction relief.

The judge reviewing the petition at this phase will determine if there is a «substantial showing of a constitutional violation.»

But, what the circuit finally has held here, is that, what counts, is the remedy, for the constitutional violation, here I quote: although a municipality's legislators are all absolutely immune from suit for their legislative activities, the victims of their «legislative abuse» are not without recourse since under Monell the municipality itself can still «be held liable for constitutional violations.»