The United States Court of Appeals for the Fifth Circuit has vacated and remanded the sentence of a convicted child pornographer. Jason Daniel Scott pleaded guilty to one count of possessing child pornography and was sentenced to 108 months of imprisonment and lifetime supervised release. As part of his supervision, Scott was not allowed to…

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  A three-judge panel of the 11th Circuit, the Atlanta-based federal appeals court, in U.S. v. Eric Jermaine Spivey et al. upheld a police search defendants had challenged as “shocking,” even if police used deception to obtain the residents’ consent to search their home. Eric Spivey and Chenequa Austin lived in Lauderhill, Florida, and ran…

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By Christopher Zoukis The United States Court of Appeals for the Fourth Circuit has reversed a jury verdict in favor of two police officers who allegedly battered and unlawfully arrested a woman for filming their arrest of a juvenile. The incident took place March 8, 2012 in Baltimore, Maryland. Makia Smith testified at trial that…

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By David M. Reutter The Second Circuit Court of Appeals held in September 2013 that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a private right of action against state officials in their individual capacities. Anthony Washington, incarcerated at New York’s Woodbourne Correctional Facility, filed suit under 42 U.S.C. § 1983…

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