Written by: Phillip E. Friduss, Esq. Gun store Clyde Armory has sued Athens-Clarke County, Georgia over its shelter-in-place ordinance. The suit claims that that the ordinance is an overstep of power and violates the equal protection and due process clauses as well as the right to bear arms in both the U.S. and Georgia constitutions. At first, gun stores were not identified as essential businesses under the Ordinance, only

Written by: Phillip E. Friduss, Esq. Currently knocking on the Supreme Court's door for permission to be heard is a Georgia Free Speech case questioning whether a government’s post-(lawsuit) filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right. Uzuegbunam v. Preczewski, Case No. 19-968 (appeal from decision of Eleventh Circuit) While a student at Georgia Gwinnett College, Petitioner Chike

(What follows was written by Katie Bart and Kalvis Golde. For more of the article, please see link below.) On Thursday, the Supreme Court announced that it would close its doors to the public “until further notice” “[o]ut of concern for the health and safety of the public and Supreme Court employees.” The announcement follows the news earlier on Thursday that the Capitol would close to visitors until

Written by: Phillip E. Friduss, Esq. On February 28, 2020, the Eleventh Circuit Court of Appeals (the federal appellate court for Alabama, Florida, and Georgia) ruled that a federal statute designed to combat human trafficking applies to a privatized federal corrections facility’s alleged practice of punishing and withholding basic human necessities from inmates who refuse to work.  Barrientos v. CoreCivic Inc., Case No. 18-15081. The law, the Trafficking Victims

Written by: Phil Friduss, Esq. In recent news: https://verdict.justia.com/2020/02/26/is-a-gunshot-wound-a-seizure Out front right now is Torres v. Madrid, the pending Supreme Court case involving the suspect shot by the police who escaped - the question of whether a Fourth Amendment seizure being front and center. Below is a link to Sherry Colb's (C.S. Wong Professor of Law at Cornell Law School) short piece arguing in favor of the answer being "yes."

Written by: Scott MacLatchie, Esq. You have probably watched some of the first generation of videos that popped up on social media sites and on YouTube showing officers dealing with people using smartphones to film them. In these videos, the officers would often order the people filming them to stop, and/or they would awkwardly try to cover their faces with one hand, all the while telling the subjects doing the

Law enforcement officers and other governmental employees enjoy qualified immunity for discretionary acts in 42 U.S.C. § 1983 matters where the law is not “clearly established” that the action in question violated a Constitutional right. In a recent ruling reversing a grant of summary judgment for law enforcement on qualified immunity grounds, O'Kelley v. Craig, ___ Fed. Appx. ___, 2019 WL 3202928 (11th Cir. July 16, 2019) the