Officer that utilized deadly force in response to “furtive gesture” entitled to qualified immunity
11/30/23
By: Cara M. Wright
Video evidence has become more prevalent in §1983 cases as law enforcement agencies have increased the use of dash cameras and body-worn cameras. Frequently, video recordings are used by litigants to refute testimony of an opposing …
Lights, Camera, (Less Than an) Action!
6/22/23
By: Elissa B. Haynes and Carlos A. Fernández
Usually, the courts do not take issue when litigating parties stipulate to an agreement—especially when the parties are agreeing to dismiss claims. However, the courts will not turn a blind eye to …
Eleventh Circuit Court of Appeals Issues New Decision on Transgender Bathroom Use; Splits with Fourth Circuit
1/20/23
Schools in Alabama, Georgia and Florida can require transgender students to use the bathroom facilities of their biological sex, rather than those that match their gender identities. Schools in other states, including Maryland, North Carolina, South Carolina, Virginia and West
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Will Georgia Counties be Governed by Popular Vote?
12/12/22
By: Katie Taylor and Amy Cowan
In a case of first impression, the Georgia Supreme Court has been asked to decide whether voters can void contracts executed by elected county boards of commissioners via referendum. In Camden County, Georgia v. …
Objectively False: Eleventh Circuit Highlights Importance of Body Cameras
12/5/22
By: Steven L. Grunberg
With its decision in Baxter v. Roberts on November 30, 2022, the Eleventh Circuit provided another reminder of just how important body cameras have become for citizens and law enforcement officers alike by affirming summary judgment …
The collision of The Onion and criminal prosecution creates perfect parody before the Supreme Court
10/10/22
By: Alexia Roney
The Onion is the world’s leading news publication, offering highly acclaimed, universally revered coverage of breaking national, international, and local news events. Rising from its humble beginnings as a print newspaper in 1756, The Onion now enjoys …
Music shutdown: Georgia gun laws shoot down Music Midtown Festival
8/5/22
By: Marissa Dunn
The annual Music Midtown music festival marks the end of summer for Atlantans. People come from all over to hear lineups that have included Post Malone, Kendrick Lamar, Mumford & Sons, Bruno Mars, and more. At its …
Vega v. Tekoh: The Supreme Court Rules that a Violation of Miranda Rights Alone Does Not Give Rise to Damages Under 42 U.S.C. § 1983
7/21/22
By: Alexia Roney
Due to countless police procedurals, the American public can recite from heart the Miranda warning – that a suspect has the right to remain silent, that anything they says can be used against them in a court …
Persistent Risks and Regulations: New Health Advisories For PFAS
6/21/22
By: Joshua G. Ferguson and Alec D. Tyra
On June 15, 2022, the EPA released health advisories for four PFAS compounds – PFOA, PFOS, GenX and PFBS. The new health advisories are significant for three reasons. First, new health …
New York Comprehensive Insurance Disclosure Act Updates 2022
5/5/22
By: Nicholas J. Hubner
New York enacted the Comprehensive Insurance Disclosure Act on December 31, 2021 (the “Act”). When originally signed, Governor Hochul requested that the Senate consider certain amendments to reduce or clarify the burden on litigants. The Act …
No more tears: Supreme Court rules damages for emotional distress are not recoverable under Title VI, Title IX, the Rehabilitation Act, or the Affordable Care Act
5/4/22
By: Michael M. Hill
In a sea change for antidiscrimination laws, the Supreme Court ruled in Cummings v. Premier Rehab Keller, P.L.L.C. that, under certain federal statutes, plaintiffs cannot obtain damages for mental or emotional distress. The statutes implicated by …
U.S. Supreme Court Addresses Parameters of Free Speech
5/3/22
By: Doug Holthus
On May 2, 2022, the United States Supreme Court announced its decision in Shurtleff v. City of Boston, et al., 596 U.S. _ (2022). The primary issue presented: the parameters of freedom of speech.
The City of …