The top national story this week is that the Supreme Court just heard oral argument in a case involving a shocking error by law enforcement. In 2017, an FBI SWAT team smashed its way into an Atlanta home and discharged a flashbang grenade in a pre-dawn raid. I believe the technical term for what happened is that they scared the bejeezus out of the couple and young child who were sleeping there . . . only to find out that they had entered the wrong residence. The warrant authorizing the intrusion was for 3741 Landau Lane, but they had entered 3756 Denville Trace. The residents sued under the Federal Tort Claims Act, the government contended that something called the “discretionary function exception” barred recovery, and lower courts ruled for the government. The Supreme Court granted review and heard arguments this week. According to SCOTUSblog, the Court “was sympathetic” to the residents but the outcome of the case remains unclear. Read on for more news.
Speaking of SCOTUSblog . . . The venerable go-to source for Supreme Court news and information has been acquired by The Dispatch. The latter says that it is “a place where thoughtful readers can come for conservative, fact-based news and commentary that doesn’t come either through the filter of the mainstream media or the increasingly boosterish media on the right.” Amy Howe apparently will remain deeply involved with the site, but new ownership is imposing new copyright restrictions on new content.
Executive order seeks to “unleash” law enforcement. Earlier this week, President Trump issued an executive order focused on law enforcement. Among other provisions, it (1) calls on Attorney General Bondi to “provide legal resources and indemnification to law enforcement officers who unjustly incur expenses and liabilities for actions taken during the performance of their official duties to enforce the law,” (2) calls on executive branch officials to “take all appropriate action” to improve training, pay, and benefits for law enforcement officers nationwide, and (3) requires the Secretary of Defense and others to “increase the provision of excess military and national security assets . . . to assist State and local law enforcement,” all in furtherance of an effort to “unleash high-impact local police forces” and combat criminal activity. Some critics see the rhetoric and policy in the order as “flirt[ing] with martial law.”
“Hazing on steroids” results in criminal charges. NBC news reports here on allegations surrounding the lacrosse team at Westill High School in Syracuse, New York. The story indicates that older members of the team terrorized younger members of the team at gun- and knifepoint. The district attorney ordered that the suspects turn themselves in or face kidnapping charges. The players ultimately appeared and received “appearance tickets” for misdemeanor unlawful imprisonment. The lacrosse season has been cancelled and the community is in an uproar.
“As exonerated man enjoys freedom, NC Innocence Commission on the chopping block.” That’s the headline of this WRAL story, which notes that Clarence Roberts was released earlier this year after work by the Innocence Inquiry Commission convinced a three-judge panel that he did not commit the 2013 murder of which he had been convicted. However, in the current legislative session, the Senate budget proposes eliminating the Commission. Proponents of the cut contend that nonprofits could do the same work at no cost to the state. The Commission’s defenders note its track record of exonerations.
“Dragon Lawyers” go down in flames. The Volokh Conspiracy reports that a federal complaint filed in Michigan has been stricken because “[e]ach page . . . appears on an e-filing which is dominated by a large multi-colored cartoon dragon dressed in a suit.” The plaintiff was represented by Dragon Lawyers PC, a law firm in Michigan, but the innovative watermark was deemed “juvenile and impertinent” by the court. Here’s the first page:
Free webinar on law enforcement recruitment. For the past several years, it has been extremely difficult for law enforcement agencies to recruit a sufficient number of qualified officers. On May 13, the School of Government, the Judicial College, and the NC Association of Chiefs of Police will offer a webinar on Motivating Officers to Apply for the Job. The webinar will focus on lessons learned from a pilot study on effective job postings conducted by the UNC School of Government in partnership with police departments in the City of Mebane and the Town of Chapel Hill. Faculty member Jeff Welty will moderate a panel that will include faculty member Leisha DeHart-Davis, Mebane Police Chief Mitch McKinney, and Chapel Hill Police Chief Celisa Lehew. The webinar will be held on Tuesday, May 13th, from 12:30 p.m. until 2:00 p.m. It’s free, but pre-registration is required. To register or get more information, visit the course web page.