Politics

Walker to mend political divide with brats, beer

AP - Politics - Fri, 2024-11-29 00:38
MADISON, Wis. (AP) -- Gov. Scott Walker, fresh from becoming the nation's first governor to survive a recall election, wants to go about mending Wisconsin's political divide in an egalitarian way: over brats and beer....

4th teen dies after pre-graduation crash in Ohio

BRUNSWICK, Ohio — An 18-year-old high school senior died of injuries suffered in a weekend car crash just hours before his graduation, raising the death toll to four students. A fifth student was injured.

The MetroHealth Medical Center in Cleveland released a statement from Kevin Fox's family Monday morning saying ...

2 pilots die as firefighting plane crashes in Utah

RENO, Nev. (AP) — A firefighting aircraft crashed into rugged terrain near the Utah-Nevada border as it dropped retardant on a 5,000-acre wildfire, killing the two Idaho men on board.

The air tanker went down Sunday afternoon in the Hamblin Valley area of western Utah, Bureau of Land Management officials ...

Poll: Political independents outweigh partisans

AP - Politics - Fri, 2024-11-29 00:38
WASHINGTON (AP) -- Call it a pox on both the Republican and Democratic houses....

Poll: Political independents outweigh partisans

AP - Politics - Fri, 2024-11-29 00:38
WASHINGTON (AP) -- Call it a pox on both the Republican and Democratic houses....

Poll: Political independents outweigh partisans

AP - Politics - Fri, 2024-11-29 00:38
WASHINGTON (AP) -- Call it a pox on both the Republican and Democratic houses....

Poll: Political independents outweigh partisans

AP - Politics - Fri, 2024-11-29 00:38
WASHINGTON (AP) -- Call it a pox on both the Republican and Democratic houses....

Poll: Political independents outweigh partisans

AP - Politics - Fri, 2024-11-29 00:38
WASHINGTON (AP) -- Call it a pox on both the Republican and Democratic houses....

Poll: Political independents outweigh partisans

AP - Politics - Fri, 2024-11-29 00:38
WASHINGTON (AP) -- Call it a pox on both the Republican and Democratic houses....

Poll: Political independents outweigh partisans

AP - Politics - Fri, 2024-11-29 00:38
WASHINGTON (AP) -- Call it a pox on both the Republican and Democratic houses....

Poll: Political independents outweigh partisans

AP - Politics - Fri, 2024-11-29 00:38
WASHINGTON (AP) -- Call it a pox on both the Republican and Democratic houses....

Drone Strike Targets Top Al Qaeda Leader

TruthNews.US - News - Fri, 2024-11-29 00:38
ABC News | Of course we're still hunting al-Qaeda. How else are we supposed to keep the profiteering war-machine known as the military industrial complex going?

Radio host Boortz retiring, with Herman Cain to step in

ATLANTA — Conservative talk radio host Neal Boortz announced his retirement Monday after four decades at the microphone, saying he will be replaced by former GOP presidential hopeful Herman Cain.

Boortz said during his morning talk show that his last day will be Jan. 21, 2013, the day of the presidential ...

Cert. grant today: Bailey v. United States

FourthAmendment.com - News - Fri, 2024-11-29 00:38

Cert. grant today: Bailey v. United States, SCOTUSBlog here, opinion below here.

Issue: Whether, pursuant to Michigan v. Summers, police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.

SCOTUS: Arrest with PC qualified immunity on First Amendment claim because law not clearly established

FourthAmendment.com - News - Fri, 2024-11-29 00:38

Reichle v. Howards, 11–262 (June 4, 2012). SCOTUSBlog here. From the Syllabus:

Petitioners are entitled to qualified immunity because, at the time of Howards’ arrest, it was not clearly established that an arrest supported by probable cause could give rise to a First Amendment violation. Pp. 5−12.

(a) Courts may grant qualified immunity on the ground that a purported right was not clearly established” by prior case law. Pearson v. Callahan, 555 U. S. 223, 236. To be clearly established, a right must be sufficiently clear “that every ‘reasonable official would [have understood] that what he is doing violates that right.’” Ashcroft v. al-Kidd, 563 U. S. ___, ___. Pp. 5−6.

(b) The “clearly established” standard is not satisfied here. This Court has never recognized a First Amendment right to be free from a retaliatory arrest that is supported by probable cause; nor was such a right otherwise clearly established at the time of Howards’ arrest. P. 6.

(c) At that time, Hartman’s impact on the Tenth Circuit’s precedent was far from clear. Although Hartman’s facts involved only a retaliatory prosecution, reasonable law enforcement officers could have questioned whether its rule also applied to arrests. First, Hartman was decided against a legal backdrop that treated retaliatory arrest claims and retaliatory prosecution claims similarly. It resolved a Circuit split concerning the impact of probable cause on retaliatory prosecution claims, but some of the conflicting cases involved both retaliatory prosecution and retaliatory arrest claims and made no distinction between the two when considering the relevance of probable cause. Second, a reasonable official could have interpreted Hartman’s rationale to apply to retaliatory arrests. Like in retaliatory prosecution cases, evidence of the presence or absence of probable cause for the arrest will be available in virtually all retaliatory arrest cases, and the causal link between the defendant’s alleged retaliatory animus and the plaintiff’s injury may be tenuous. Finally, decisions from other Circuits in the wake of Hartman support the conclusion that, for qualified immunity purposes, it was at least arguable at the time of Howards' arrest that Hartman extended to retaliatory arrests. Pp. 7−12.

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