Criminal Law Library Blog

Source Findlaw Constitutional Law Case Summaries:

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U.S. 2nd Circuit Court of Appeals, November 20, 2007

Amidon v. Student Ass'n of the State Univ. of N.Y. at Albany, No. 05-6623, 05-6664, 06-0117
Defendant Student Association violated the First Amendment by using an advisory student referendum to determine how to allocate funds from a mandatory student activity fee among student organizations. Read more...

U.S. 5th Circuit Court of Appeals, November 20, 2007
Ponce v. Socorro Indep. Sch. Dist., No. 06-50709

Student speech that threatens a Columbine-style attack on a school is not protected by the First Amendment, because such speech poses a direct threat to the physical safety of the school population. Read more...

U.S. 7th Circuit Court of Appeals, November 19, 2007
Joelner v. Village of Washington Park, No. 06-2901, 06-3252

In a dispute over the constitutionality of defendant-village's ordinance prospectively banning alcohol in strip clubs opened in the future, but permanently exempting existing clubs from the ban, a ruling striking the ordinance down as facially unconstitutional and requiring the village to award plaintiff licenses is affirmed where the district court did not clearly err in finding that the village passed the ordinance at issue for an impermissible purpose, as it was "predominantly motivated by concerns about revenue and/or political patronage." Read more...

U.S. 9th Circuit Court of Appeals, November 20, 2007
Fisher v. City of San Jose, No. 04-16095

In a 42 U.S.C. section 1983 action claiming constitutional violations stemming from a twelve-hour standoff at plaintiff's apartment between him and a large number of police officers, and his subsequent arrest, grant of judgment as a matter of law against the city on plaintiff's warrantless arrest claim is affirmed as a failure to obtain a warrant under the circumstances of the case constituted a constitutional violation as a matter of law. (Substituted opinion) Read more...

New York Court of Appeals, November 19, 2007

Property Clerk of the Police Dep't of the City of New York v. Harris, No. No. 138
The N.Y.P.D. is not required to prove at a post-seizure retention hearing that the co-owner of a seized vehicle is not an "innocent owner" when trying to impound a vehicle during the pendency of a civil forfeiture proceeding. However, due process does require that an innocent co-owner be given an opportunity to demonstrate that his/her present possessory interest in a seized vehicle outweighs the City's interest in continuing impoundment. Read more...

California Appellate Districts, November 20, 2007
Garretson v. Post, No. E041858

In action for wrongful foreclosure arising from purchase of real property, denial of defendant's anti-SLAPP motion is affirmed as nonjudicial foreclosure proceedings, including the notice of foreclosure, are not constitutionally protected activity under the anti-SLAPP statute. Read more...