Groups sue seeking court oversight of Chicago police reforms

Headline Legal News 2017/06/14 09:23   Bookmark and Share
Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight.

The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge.

"Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago."

While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree.

Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations."

Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time."

A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.
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Court filing: Marsh seeks OK to sell 26 grocery stores

Lawyer Blog Post 2017/06/13 09:23   Bookmark and Share
A bankruptcy court document says two Ohio-based grocery chains have agreed to buy 26 of Marsh Supermarkets' 44 remaining stores for a total of $24 million.

The court filing posted Tuesday says Fishers-based Marsh is seeking court approval to sell 11 stores to Kroger Co. subsidiary Topvalco Inc. for $16 million and 15 stores to Findlay, Ohio-based Fresh Encounter parent Generative Growth LLC for about $8 million.

Topvalco agreed to buy three stores in Bloomington; two each in Indianapolis, Muncie and Zionsville, and single stores in Fishers and Greenwood.

Generative Growth agreed to buy two Indianapolis stores; other Indiana stores in Columbus, Elwood, Greensburg, Hartford City, Marion, New Palestine, Pendleton, Richmond and Tipton; and Ohio stores in Eaton, Middletown, Troy, and Van Wert.

Indiana governor names Judge Goff to state Supreme Court

Indiana's next state Supreme Court justice, Wabash County Superior Court Judge Christopher Goff, said Monday his appointment to the state's highest court is humbling beyond words and something he never would have imagined at the start of his legal career.

Goff's selection to fill the vacancy created by Justice Robert Rucker's retirement was announced by Gov. Eric Holcomb. The governor said Goff, 45, "will bring his unique voice and experiences" from his years in rural Indiana to the five-member court when he becomes its youngest member.

"Judge Goff grew up in a working class neighborhood and has spent most of his life living in a rural county, which will complement his colleagues on the bench with their own deep roots in other urban and suburban regions of the state," Holcomb said at his Statehouse announcement.

He selected Goff over the two other finalists for the vacancy chosen by Indiana's Judicial Nominating Commission: Boone Superior Court Judge Matthew Kincaid and Clark Circuit Court Judge Vicki Carmichael. Twenty people had applied for the vacancy.

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Fraternity brothers due in court in pledge's fatal fall

Court News 2017/06/11 05:55   Bookmark and Share
Members of a Penn State fraternity facing charges related to the death earlier this year of a pledge after a night of heavy drinking are due in court Monday for a hearing about whether there's enough evidence to head to trial.

Prosecutors in the case against the now-shuttered Beta Theta Pi chapter and 18 of its members are leaning heavily on video surveillance recordings made the night 19-year-old sophomore engineering student Tim Piazza was injured in a series of falls at the fraternity after a pledge acceptance ceremony that included heavy drinking.

The defendants face a variety of charges, with eight accused of dozens of crimes, including involuntary manslaughter and felony aggravated assault, while five others are accused only of a single count of evidence tampering.

Centre County District Attorney Stacy Parks Miller says prosecutors will play video in court, and she expects the hearing to last all or most of the day.

Authorities have said members of the fraternity resisted summoning help until well into the next morning.

A grand jury report described how members of the fraternity carried Piazza's limp body upstairs, poured liquid on him and even slapped him on the face. When one of them argued to call for medical help, he was confronted and shoved into a wall, the grand jury said.

Piazza, of Lebanon, New Jersey, died at a hospital Feb. 4 from traumatic brain injury and had suffered severe abdominal bleeding. His blood-alcohol measured at a dangerous level.

"I believe this is a case where the defendants have been overcharged by the district attorney's office," said defense attorney Michael Engle, whose client Gary DiBileo, 21, faces 56 counts, including involuntary manslaughter. "We hope to develop more information during the preliminary hearing process, and beyond, that will demonstrate that many of the charges in this case are just not applicable to the conduct."

Engle said DiBileo, a junior from Scranton who recently withdrew from Penn State, was said by a witness to have advocated for calling an ambulance at some point.
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With court victory, hand of Brazil's president strengthened

Court News 2017/06/10 15:55   Bookmark and Share
Fighting to save his job, Brazilian President Michel Temer has received a huge boost from a decision by the country's top electoral court to reject allegations of illegal campaign finance and keep him in office.

The Superior Electoral Tribunal's 4-3 vote late Friday gave Temer a lifeline amid widespread calls that he resign in the face of a corruption scandal.

Last month, a recording emerged that apparently captured Temer endorsing hush money to ex-House Speaker Eduardo Cunha, a former Temer ally serving 15 years in prison for corruption and money laundering. Soon after, details of another bombshell emerged: that Temer was being investigated for taking bribes.

Temer has denied wrongdoing and vowed to stay in office.

However, the fallout from the scandals was so great that many observers expected that the electoral court judges would be swayed to remove Temer from office over unrelated campaign finance allegations. While in theory Brazilian justices are impartial, in reality they are often highly political. Indeed, two of judges who voted in Temer's favor were his appointees.

"While Temer is hard for many people to digest, he will likely remain in office," said Alexandre Barros, a political risk consultant with the Brasilia-based firm Early Warning. "Instability is bad for everybody. So many will say at this point, 'If we have to pay the price for sticking with Temer, let's do it.'"

While Temer has crossed a huge hurdle to staying in power, he is still facing threats on many fronts. The attorney general is considering pressing charges against him for allegedly receiving bribes, over the audio recording and for allegedly trying to obstruct a colossal investigation into billions of dollars in inflated contracts and kickbacks to politicians. Temer's approval rating is hovering around 9 percent and he has a tenuous hold on his ruling coalition.

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Roman Polanski sex victim to appear in court for first time

Legal Insight 2017/06/08 15:56   Bookmark and Share
The victim of Roman Polanski's sex assault 40 years ago is going to appeal directly to a judge to end the long-running case against the fugitive director, his lawyer said Thursday.

Samantha Geimer, 13 at the time of the crime, has long supported Polanski's efforts to end the legal saga that limits his freedom, but Friday will be the first time she's appeared in Los Angeles Superior Court on his behalf, attorney Harland Braun said.

"She's tired of this case," Braun said. "The judge is just playing games with him."

The Oscar-winner has been a fugitive since he fled to France in 1978 on the eve of sentencing for the crime of having unlawful sex with a minor. Prosecutors dropped charges that he drugged, raped and sodomized the girl.

Polanski feared the judge was going to renege on a plea agreement and send him away for more time than the six weeks he served in prison during a psychiatric evaluation prior to sentencing.

His lawyers have been fighting for years to end the case and lift an international arrest warrant that confined him to his native France, Switzerland and Poland, where he fled the Holocaust.

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Court: Ohio E-School Can't Delay Repayment of $60M to State

Legal Business 2017/06/07 15:56   Bookmark and Share
ECOT's reported enrollment of 15,000 Ohio students makes it one of the largest online charter schools in the U.S.

Democrats jumped on the court's decision to pile criticism on the school, which has struggled for years against attacks on its enrollment practices and student performance ratings.

"This sham, unaccountable school is a clear waste of taxpayer money and needs to be shut down," said Democratic gubernatorial candidate Betty Sutton. "The main thing that they seem to do well is shower Republican candidates and committees with political donations instead of educating children. Unfortunately, it is a symptom of a much larger disease facing Ohio's education system."

ECOT spokesman Neil Clark said the school didn't get a fair shake in court. He took particular aim at one of the three deciding judges, Gary Tyack, as being biased against the school, online learning and school choice.

"Today, Judge Tyack confirmed that he would put his agenda before the law," Clark said in a statement. "He is desperate to destroy ECOT and is unwilling to even wait for the judicial system to play out before advancing his vendetta."

Chief Justice Maureen O'Connor rebuked Tyack after oral arguments were held in the case before the state's high court. She wrote that his comments against the school, its founder and online education were derogatory, extrajudicial, unnecessary and unacceptable.

The school's efforts to revisit the issue of Tyack's impartiality came as it braced for Monday's important school board vote, which comes amid the long-running legal dispute over what attendance-tracking practices should be used to determine state funding.

A state hearing officer ruled against the school in its appeal of the state Education Department's determination that the school owes $64 million for enrollment that can't be justified due to lack of documentation.

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