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The Case for Punishing ‘Police Bystanders’

The Crime Report

Describing three Minneapolis officers who watched their colleague Derek Chauvin murder George Floyd as a deadly case of “police bystanderism,” University of Houston Law Prof. Kaufman writes that Congress and state legislatures should enact criminal laws mandating a “duty to intervene” in their colleagues’ misuse of force.

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“Corners Were Being Cut”: Baldwin Shooting Already Has The Makings of a Blockbuster Tort Action

JonathanTurley

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

Tort 49
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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” Yet the torts system has an elaborate and well-functioning system of product liability. By alleging a nuisance that creates a continuing injury, litigants can dispense with the statute of limitations.

Tort 41
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The long conference’s relists

SCOTUSBlog

James King, then a college student, got into an altercation with plainclothes federal officers Todd Allen and Douglas Brownback because he says he thought they were criminals mugging him. King sued them under the Federal Tort Claims Act and under Bivens v. Criminal law We are now in the home stretch.

Tort 128
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Could Cosby Sue For Wrongful Conviction?

JonathanTurley

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. It must be done under common law, which is challenging. Under common law, Cosby could sued for malicious prosecution. Pennsylvania is not one of them (which is quite surprising). However, recently Gov.

Tort 59
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Roughing the Protester? Activist Tackled by Rams Players Files Police Report and Threatens Lawsuit

JonathanTurley

The common law allowed for citizen arrests as members of the public responded to the “hue and cry” of others. The Statute of Winchester stated that citizens should “follow them with all the town and the towns near, with hue and cry from town to town until that they be taken and delivered to the sheriff.”

Felony 49
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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

Rademacher took a closer look at the BGH’s landmark decision from 1992, which deemed the concept of punitive damages intolerable in Germany mainly because its function to punish and deter doesn’t fall in the scope of German private law’s concept of strict compensation; punishment and deterrence are entirely reserved for criminal law.