Lawyer: Over 150 Minneapolis officers seeking disability

Court Watch 2020/07/12 11:54   Bookmark and Share
More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers.

Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach.

While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job.

“Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.”

He said many officers he represents were at a precinct that police abandoned  as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building.

Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground.

“In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said.

Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said.

Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said.

The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process.

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Wisconsin Supreme Court OKs GOP-authored lame-duck laws

Legal Business 2020/07/10 11:54   Bookmark and Share
The conservative-controlled Wisconsin Supreme Court on Thursday upheld Republican-authored lame-duck laws that stripped power from the incoming Democratic attorney general just before he took office in 2019.

The justices rejected arguments  that the laws were unconstitutional, handing another win to Republicans who have scored multiple high-profile victories before the court in recent years.

The 5-2 ruling marks the second time that the court has upheld the lame-duck laws passed in December 2018, just weeks before Gov. Tony Evers and Attorney General Josh Kaul, both Democrats, took office. The actions in Wisconsin mirrored Republican moves after losing control of the governors’ offices in Michigan in November 2018 and in North Carolina in 2016. Democrats decried the tactics as brazen attempts to hold onto power after losing elections.

The Wisconsin laws curtailed the powers of both the governor and attorney general, but the case decided Thursday dealt primarily with powers taken from Kaul.

The attorney general said in a statement that Republican legislators have demonstrated open hostility to him and Evers and made it harder for state government to function. Evers echoed that sentiment in a statement of his own, saying Republicans have been working against him “every chance they get, regardless of the consequences.”

Thursday’s ruling involved a case filed by a coalition of labor unions led by the State Employees International Union. The coalition argued that the laws give the Legislature power over the attorney general’s office and that this violates the separation of powers doctrine in the state constitution.

The laws prohibit Evers from ordering Kaul to withdraw from lawsuits, let legislators intervene in lawsuits using their own attorneys rather than Kaul’s state Department of Justice lawyers, and force Kaul to get permission from the Legislature’s Republican-controlled budget committee before settling lawsuits.

Republicans designed the laws to prohibit Evers from pulling Wisconsin out of a multistate lawsuit challenging the Affordable Care Act, also known as Obamacare, and to ensure that they have a say in court if Kaul chooses not to defend GOP-authored laws.
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No peeking, voters: Court keeps Trump taxes private for now

Legal Interview 2020/07/08 11:58   Bookmark and Share
Rejecting President Donald Trump’s complaints that he’s being harassed, the Supreme Court ruled Thursday in favor of a New York prosecutor’s demands for the billionaire president’s tax records. But in good political news for Trump, his taxes and other financial records almost certainly will be kept out of the public eye at least until after the November election.

In a separate case, the justices kept a hold on banking and other documents about Trump, family members and his businesses that  Congress has been seeking for more than a year. The court said that while Congress has significant power to demand the president’s personal information, it is not limitless.

The court turned away the broadest arguments by Trump’s lawyers and the Justice Department that the president is immune from investigation while he holds office or that a prosecutor must show a greater need than normal to obtain the tax records. But it is unclear when a lower court judge might order the Manhattan district attorney’s subpoena to be enforced.

Trump is the only president in modern times who has refused to make his tax returns public, and before he was elected he promised to release them. He didn’t embrace Thursday’s outcome as a victory even though it is likely to prevent his opponents in Congress from obtaining potentially embarrassing personal and business records ahead of Election Day.

In fact, the increasing likelihood that a grand jury will eventually get to examine the documents drove the president into a public rage. He lashed out declaring that “It’s a pure witch hunt, it’s a hoax” and calling New York, where he has lived most of his life, “a hellhole.”

The documents have the potential to reveal details on everything from possible misdeeds to the true nature of the president’s vaunted wealth ? not to mention uncomfortable disclosures about how he’s spent his money and how much he’s given to charity.

The rejection of Trump’s claims of presidential immunity marked the latest instance where his broad assertion of executive power has been rejected.

Trump’s two high court appointees, Justices Neil Gorsuch and Brett Kavanaugh, joined the majority in both cases along with Chief Justice John Roberts and the four liberal justices. Roberts wrote both opinions.

“Congressional subpoenas for information from the President, however, implicate special concerns regarding the separation of powers. The courts below did not take adequate account of those concerns,” Roberts wrote in the congressional case.
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2 female firsts at the Supreme Court announce retirements

Press Release 2020/07/05 11:59   Bookmark and Share
The Supreme Court said Tuesday that the first-ever women to hold two prominent positions at the court, handling the justices’ security and overseeing publication of the court’s decisions, are retiring.

Pamela Talkin’s most public role in nearly two decades as the court’s marshal has been opening court sessions by announcing the justices’ entrance into the courtroom and banging a gavel before court begins. She noted in 2005: “I’m the only person in the courtroom with a gavel.” But her responsibilities as marshal’s job were vast. She served as the court’s general manager and chief security officer, managing approximately 260 employees, including the Supreme Court’s police force.

Christine Luchok Fallon’s name wasn’t on any Supreme Court decision, but part of her job as the reporter of decisions was to oversee the writing of summaries of the justices’ opinions that begin each decision, turning lengthy legal explanations into a succinct few pages.

Fallon became the court’s 16th reporter of decisions in 2011. But she joined the court as deputy reporter of decisions in 1989, eight years after Justice Sandra Day O’Connor became the court’s first female justice and four years before Justice Ruth Bader Ginsburg became the second. The court’s third and fourth female justices, Justice Sonia Sotomayor and Justice Elena Kagan, joined the court in 2009 and 2010 respectively.

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Roberts a pivotal vote in the Supreme Court's big opinions

Lawyer Blog Post 2020/07/02 21:47   Bookmark and Share
The biggest cases of the Supreme Court term so far have a surprising common thread. On a court with five Republican appointees, the liberal justices have been in the majority in rulings that make workplace discrimination against gay and transgender people illegal, protect young immigrants from deportation and, as of Monday, struck down a Louisiana law that restricted abortion providers.

As surprising, Chief Justice John Roberts, a conservative nominated by President George W. Bush who has led the court for nearly 15 years, has joined his liberal colleagues in all three. Since the retirement of Justice Anthony Kennedy in 2018, Roberts has played a pivotal role in determining how far the court will go in cases where the court's four liberals and four conservatives are closely divided.

Here's a look at where Roberts stood in the abortion, immigration and LGBT cases, his history on the court and what's at stake in coming decisions in which Roberts could play a key role:

On Monday, Roberts joined liberal justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan in striking down Louisiana's Act 620. The justices ruled that the law requiring doctors who perform abortions to have admitting privileges at nearby hospitals violates the abortion rights the court first announced in the landmark 1973 Roe v. Wade decision.

But Roberts' reason for siding with the liberals had less to do with his feelings on abortion than with his feelings on whether the court should do an abrupt about-face. Four years ago the court's four liberal members and Justice Kennedy struck down a Texas law nearly identical to Louisiana's. At the time, Roberts was a vote in dissent. But with Kennedy's retirement and replacement by conservative Justice Brett Kavanaugh, many conservatives had hoped the result in the Louisiana case would be different. Not so, Roberts wrote: “The result in this case is controlled by our decision four years ago."

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High court won't hear abortion clinic 'buffer zone' cases

Legal Insight 2020/07/02 21:45   Bookmark and Share
The Supreme Court on Thursday turned away pleas from anti-abortion activists to make it easier for them to protest outside clinics, declining to wade back into the abortion debate just days after striking down a Louisiana law regulating abortion clinics.

The justices said in a written order that they would not hear cases from Chicago and Harrisburg, Pennsylvania, where anti-abortion activists had challenged ordinances that restrict their behavior outside clinics.

As is usual, the justices did not comment in turning away the cases. The order from the court noted Justice Clarence Thomas would have heard the Chicago case.

The Supreme Court has since the late 1990s heard several cases involving demonstration-free zones, called buffer zones, outside abortion clinics. Most recently, in 2014, the justices unanimously struck down a law that created a 35-foot protest-free zone outside Massachusetts abortion clinics. The court said Massachusetts’ law, which made it a crime to stand in the protest-free zone for most people not entering or exiting the clinic or passing by, was an unconstitutional restraint on the free-speech rights of protesters.

On Thursday, one of the two cases the court declined to take up involved an ordinance passed by the city counsel in Harrisburg, Pennsylvania's capital, in 2012 that made it illegal to “congregate, patrol, picket or demonstrate” in a zone 20 feet from a health care facility. Anti-abortion activists sued, arguing that the ordinance violates their free speech rights. Lower courts have upheld the ordinance, however, ruling it doesn't apply to “sidewalk counseling,” where individuals who oppose abortion offer assistance and information about alternatives to abortion to those entering a clinic.
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