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Municipal Law Alert

Probable Cause Existed and Plaintiff’s Retaliatory Arrest Claim Against Two Officers Gets Tossed.

Overview:  In 2014, plaintiff was arrested during “Arctic Man,” a week-long winter sports festival held in the remote Hoodoo Mountains near Paxson, Alaska.  The event is known for both extreme sports, as well as extreme alcohol consumption. Police officers spend most of the weekend responding to snowmobile crashes, breaking up fights and policing underage drinking.   Continue Reading »

A Municipality “Moment:” FOIA Request for Police Department Videotapes Denied by Trial Court and Affirmed on Appeal

Overview: In 2016, the plaintiff, who worked as a reporter, submitted four Freedom of Information Act (FOIA) requests to obtain videotapes from 2013 of police interviews of several individuals accused of murder. The defendant (a municipality) denied those requests claiming unwarranted invasion of personal privacy, interference with actual or pending law enforcement proceedings, and disclosure   Continue Reading »

SCOTUS Cracks Down on Excessive Seizures by Police Departments, Municipalities

The U. S. Supreme Court has curbed the power of cities and states to levy fines and seize property under the Eighth Amendment of the US Constitution.  In a recent case, Timbs v. Indiana, the Court ruled that the seizure of a $42,000 Land Rover was excessive compared to the criminal activity that carried a   Continue Reading »

ARDC Complaint Almost Comes Back to Haunt Village President

The President of a municipality tried a novel approach to blunting the activities of a local painting contractor – submitting a “request for investigation” to the Attorney Registration and Disciplinary Commission (ARDC) – normally a path to pursue grievances against a licensed attorney. The contractor appeared to be organizing other local contractors in an effort   Continue Reading »

Johnson and Bell

Johnson and Bell