Drones Regulation Deadline Missed by FAA
10/2/15
By: Wayne Melnick
In the recent past, I blogged a series of articles regarding the possible legal and insurance ramifications of law enforcement drone usage. These included blogs on risk questions related to government drone usage how drones can be …
Georgia's Garnishment Statute is Seized by a Federal Court
9/15/15
By: Brad Adler and Michael Hill
What happens when you obtain a money judgment against someone and they refuse to pay? Unfortunately, it is not that uncommon an occurrence. The good news for a long time has been that, if …
Storage And Maintenance Of Seized Property: Liability Update
9/4/15
By: Ali Sabzevari
It is well-settled that when lawsuits arise under state law, a public officer can only be held personally liable for ministerial acts negligently performed or discretionary acts performed with actual malice or an intent to injure. Thus, …
Taser Drones for Police Officers – Now a Reality?
9/1/15
By: Wayne Melnick
In the past, I blogged a series of articles regarding the possible legal and insurance ramifications of law enforcement drone usage. For quick reference you can find the blogs here and here.
In the latest twist …
Court of Appeals Explains the Limits of Penalties for Violations of Georgia’s Open Meetings Act
7/27/15
By: Kevin Stone
Earlier this week, in Gravitt v. Olens, 2015 WL 4314382, the Georgia Court of Appeals clarified several provisions of Georgia’s Open Meetings Act (“OMA”). In Gravitt, during a meeting of the Cumming City Council, a …
Official Immunity: Recent Georgia Supreme Court decision reaffirms need for specific directives before finding ministerial duty for public officers
7/10/15
By: Chuck Reed, Jr.
Last week, in Eshleman v. Key, 2015 WL 3936075 (June 29, 2015), the Georgia Supreme Court reversed the Court of Appeals’ denial of official immunity for an off-duty police officer whose police dog escaped from …
Supreme Court Defines Equitable Power of Courts in Approving Transfer of Firearms by Convicted Felons
5/20/15
By: Andy Treese and Charles Reed, Jr.
Law enforcement and other government agencies have been given considerable power in confiscating and otherwise prohibiting the use of property owned, used or possessed by persons suspected of criminal activity. What happens to …
“Yer Out!” United States Supreme Court Tosses 4th Pro Se in Forma Pauperis Request Holding that “Three Strikes” Provision Includes Cases Dismissed by a District Court and Pending on Appeal
5/20/15
By: Andy Treese and Charles Reed, Jr.
When Congress codified citizens’ access to courts regardless of their ability to pay costs, federal courts quickly became inundated with prisoner lawsuits. Congress, in turn, enacted the “three strikes” provision in 28 U. …
Supreme Court Grants Qualified Immunity to Police Officers Involved in Encounter with Mentally Ill Woman, Declines to Address Whether ADA Applies to Arrests
5/20/15
By: Andy Treese and Charles Reed, Jr.
This week the United States Supreme Court declined to rule on the issue of whether the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally …
Supreme Court to Determine Standard for Constitutional Excessive Force Claims by Pretrial Detainees
5/18/15
By: E. Andy Treese
The Supreme Court of the United States will soon decide the legal standard used to analyze claims of constitutionally excessive force asserted by pretrial detainees under 42 U.S.C. § 1983. The case is Kingsley v. Hendrickson…
Changes to Property Tax Appeals in Georgia
5/4/15
By: M. Michelle Youngblood
Taxes. For most Americans, that word immediately brings to mind the 15th of April and the payment of federal income taxes. But as property owners in Georgia are well aware, there is another kind of …
Eight Minutes Too Many: Supreme Court Decides that Traffic Stop Prolonged for Use of a Drug Detection Dog Violated the Fourth Amendment
4/24/15
By: Brian R. Dempsey
During a lawful traffic stop, a police officer can ask a driver to exit a vehicle, conduct a free-air drug sniff with a trained canine, and even investigate the possibility of criminal conduct which is unrelated …