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Nurse Arrested for Not Drawing Coma Patient’s Blood for Police

National news outlets have been reporting the sensational story of a Salt Lake City, Utah nurse who was arrested after refusing the command of a police officer to draw the blood of a comatose patient for an investigation. Fortunately for Alex Wubbels, the nurse involved in the incident, police body cameras recorded the entire event. The nurse cited the hospital policy of requiring a patient's consent, a warrant, or an intent to arrest, before drawing blood for police. When the officer insisted on getting the blood draw done despite not satisfying any of these conditions, Wubbels refused and was then arrested on the spot. What Happened Here? Surprisingly, the coma patient, a truck driver, whom the police were seeking a blood draw from is an innocent victim. Police were chasing a fleeing suspect, when that suspecting crashed head on into the truck driver's big rig, resulting in a fiery crash. The suspect died at the scene, while the truck driver survived, but fell into a coma. The police, in conducting a thorough investigation, were seeking a blood sample from the truck driver to rule out any liability on his end (note: police may not have a legal right to this sample thanks to the Fourth Amendment's protections). The body camera footage clearly shows nurse Wubbels explaining the policy to the officer in charge, and then the officer losing his cool, grabbing her, cuffing her, and forcefully pulling her out of the hospital. During the ordeal, Wubbels can be heard yelling that she did nothing wrong, and that the officer is hurting her. Fortunately, when the superior officer arrived at the scene, she was released. It was explained to the officer that the hospital already took a blood draw, but that they would not release it without proper legal authorization. The city's administration has been extraordinarily embarrassed, issued apologies, and has stated that it is committed to changing policies to prevent this from happening again. The arresting officer has been placed on paid administrative leave pending the investigation into his actions (though the report he filed asserts his superior instructed him to arrest Wubbels). What's the Claim? When officers of law cross the line in performing their duties, both the officers, individually, and the municipality, state, or other government entity can be held liable. Generally, under federal law, 42 USC 1983 protects individuals from police misconduct, including false arrest or excessive force. There may also be claims under state laws, depending on the state where the incident occurred. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How Does the iPhone's New 'Cop Button' Work? (FindLaw Blotter) NY DMV Busts 4k Fraudsters With Facial Recognition Tech (FindLaw Blotter) Criminal Charges Following Violence, Death in Charlottesville (FindLaw Blotter)
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Knott’s Berry Farm Faces Second Log Ride Injury Lawsuit

Five-year-old Charles Miller was sitting in his father's lap on the Timber Mountain Log Ride at Knott's Berry Farm in California when the ride came to a screeching halt after the last drop. According to a lawsuit filed against the theme park by his father, Miller flew forward, forcing his head to be "sandwiched between his father and the back of the seat causing an orbital blowout." Miller suffered a fractured eye socket, and the lawsuit claims Knott's Farm negligently maintained the ride. It turns out this is not the first problem with the log ride or the first lawsuit filed against the park: the family of a 6-year-old girl settled with Knott's Berry after she broke a bone above her right eye hitting her head on the ride, and the Miller suit cites ten other examples where guests were injured in similar incidents. Improper Water The problems for the log ride allegedly occur on the final descent into a large pool of water. According to the lawsuit: [T]he water sensing system for the Timber Mountain Log Ride was not properly monitoring the water level on the ride, especially at the bottom of the last drop, where there was improper water for proper braking, which increased the deceleration experienced by the guests in the log and contributed to their being injured by being thrown against the log's interior components. The suit also claims the California Division of Occupational Safety had previously inspected the ride, made Knott's Berry Farm aware the water sensing system was not working properly, and that the ride was operating out of compliance for almost two years. Contemptible Conduct "The conduct of the Defendants was so vile, base, contemptible, miserable, wretched and loathsome," the lawsuit claims, "that it would be looked down upon and despised by ordinary decent people." Along with compensatory damages for the child's injuries, the suit is also asking for punitive damages against Knott's Berry Farm as well as attorneys' fees. Related Resources: Child Battered by Knott's Berry Farm Log Ride, Family Says (Courthouse News) Who's Liable for Waterpark Injuries? (FindLaw's Injured) When to Sue for Theme Park Injuries (FindLaw's Injured) Disneyland Sued in 140 Injury Cases in 5 Years (FindLaw's Injured)
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Does a Lawsuit End If the Defendant Can’t Be Served?

Remember Seth Rogen's character in Pineapple Express? No, he wasn't a butler -- he was a process server, an obscure yet essential part of the legal system tasked with delivering the bad news of a lawsuit to the person being sued. After all, if people don't know they're being haled into court, it's kind of hard to defend themselves. Because service of process is the necessary first step to a lawsuit, many think if they can just avoid the process server for long enough, they can't be sued (hence Rogen's disguises). But is that true? Fruitless Searching The issue has come to the forefront of the news after Montana real estate agent Tanya Gersh sued the owner of the racist website Daily Stormer, claiming he unleashed a "tsunami of threats" against her and her family. Gersh is being represented by attorneys from the Southern Poverty Law Center, who have thus far been unable to locate and serve Andrew Anglin with the suit. The process servers hired by the SPLC have made a grand total of 15 visits to seven addresses linked to Anglin, including four different Ohio addresses, but couldn't find him. "One process server said she believes Anglin barricaded himself inside one of the addresses," according to Ars Technica. In addition, attempts to serve Anglin via certified mail were all returned as undeliverable. Until he is properly served, the lawsuit against Anglin can't proceed. Constructive Notice But there's another twist to that -- service by publication. If a plaintiff can show the court that no other method of service has been effective, they can publish a notice in a newspaper. So long as the newspaper is in general circulation where the defendant is likely to be found or where the court is located and is published on more than one occasion (like weekly for three weeks), the court will consider the defendant served, whether he or she actually reads the notice or not. Gersh's attorneys have allegedly begun this more cumbersome and expensive procedure already. The perhaps not-so-funny part about the efforts to serve Anglin in this case is that he is plainly aware of the lawsuit. Soon after the lawsuit was filed in April, he published a post on Daily Stormer entitled, "SPLC is Suing Anglin! Donate Now to STOP THESE K***S!" He retained Las Vegas attorney Marc Randazza, who told the AP, "Everybody deserves to have their constitutional rights defended." Randazza also addressed the service problems and accusations that he had ignored calls and emails from SPLC attorneys asking him to accept service on behalf of his client, albeit rather obliquely. "Would you say that touchdowns are avoiding being scored in a shutout football game?" he rhetorically asked the New York Times. "Or would you say that the offense is not scoring them?" A defendant has no legal obligation to assist the plaintiff in a lawsuit, including making themselves available for service. Fortunately for plaintiffs, hiding from a lawsuit they clearly know exists won't help a defendant avoid being held accountable in court. Related Resources: Find a Lawyer Near You (FindLaw's Lawyer Directory) Don't Bother Avoiding Process Servers (FindLaw's Law and Daily Life) Legal How-To: Showing Proof of Service (FindLaw's Law and Daily Life) Can You Serve Someone With a Lawsuit via Twitter? (FindLaw's Law and Daily Life)
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How Does the iPhone’s New ‘Cop Button’ Work?

Cell phones have been the new frontier in search and seizure law, and for a while they've been giving fits to law enforcement and the courts. Can customs search your cloud data at the border? Can the feds force tech companies to provide access to phone data? Can a warrant give police access to everyone's phone at a given location? Can police 3-D print a finger to unlock a phone? Wait, what? It may seem weird, but courts actually treat passcodes and fingerprints differently when it comes to unlocking phones, and more and more people are becoming aware that their phones are actually less secure (from law enforcement anyway) with fingerprint access. So, naturally, Apple came up with a fix for that -- the "cop button." Physical Evidence and Metaphysical Contents More accurately, as the Verge describes, it's like a cop sequence of taps. Apple's upcoming iOS11 for the iPhone will let users tap the power button five times for emergencies. This then allows someone to dial 911 while also disabling the phone's Touch ID feature until they enter a passcode. Essentially, Apple is giving iPhone users "a far more discreet way of locking out a phone." Those who haven't been following recent search and seizure case law may be asking themselves why locking out a phone would be useful, or having a passcode accessible phone would be any more secure from police searches than a fingerprint accessible phone. As we mentioned above, courts, and thus law enforcement, treat them very differently. Combinations and codes, to an individual, have generally been considered the "contents of his own mind," and therefore beyond the government's power to compel production. Whereas keys and fingerprints are physical evidence, which "may be extracted from a defendant against his will." FaceTime? There's another reason this distinction may matter, and why the "cop button" may be necessary in the near feature. Apparently, iOS 11 will also introduce face unlocking on the next iPhone. Giving law enforcement another piece of physical evidence that grants them access phone, and giving users another reason to have a way to disable that access. Different jurisdictions have been treating cell phones -- and the ways in which law enforcement may force people to unlock them -- in different ways. To find out the law where you live, contact a local criminal defense attorney. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Can the Feds Force You to Unlock Your Phone With Your Fingerprint? (FindLaw Blotter) Florida Judge: Give Up Your Smartphone Passcode or Go to Jail (FindLaw Blotter) Are Warrantless Cell Phone Searches Legal? (FindLaw Blotter)
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Here’s the Latest on Trump Immigration Reform Efforts

It's not untrue to say that Donald Trump has had a 'busy' presidency -- the Twitterer-in-Chief has been as active on social media as he has been with executive orders. But many of those orders have been met with litigation and currently stand somewhere in legal limbo between lawsuits filed and Supreme Court review. One of Trump's most active areas of executive authority has been immigration. Here's the latest on Trump's immigration reform efforts, where they stand (legally speaking), and what they could mean. 1. Trump's Travel Ban Headed to Supreme Court Perhaps Trump's most infamous executive order on immigration, and certainly his most litigated one, is the attempted ban on immigrants and refugees from several majority Muslim countries. Blocked by federal circuit courts, rewritten, then blocked again, the Muslim ban is now in the hands of the Supreme Court, although many of the main legal issues may be moot by the time the Court hears oral arguments. 2. 3 Important Facts About Sanctuary Cities for Immigrants and Opponents Trump has also threatened to withhold federal funds from so-called sanctuary jurisdictions -- cities and states that decline to cooperate with federal immigration enforcement. It's a legally touchy subject, since immigration is largely a federal matter and there are constitutional protections against federal departments controlling state and local law enforcement, and many of those jurisdictions have sued in response. 3. How Would a 'Merit-Based' System Change Immigration? While battling illegal immigration, Trump also wants to shift the focus of legal immigration from birthplace and family considerations to employment and education qualifications. The president-supported RAISE Act would also slash the number of refugees and visa applicants allowed into the country every year. 4. Mixed Immigration Messages? Trump Administration's Latest on DAPA, Dreamers Trump rescinded Barack Obama's Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, last June. But the new president has yet to decide on the old president's Deferred Action for Childhood Arrivals, DACA, leaving many apprehensive about their immigration status. 5. Can Undocumented Immigrants Attend Public School? In the meantime, immigrants must go on with their daily lives even though their legal status is uncertain. The Supreme Court has said that public schools can't bar undocumented immigrant children from K-12 education, or charge them extra to attend. If you're unsure about your immigration status or need legal help, contact an experienced immigration attorney in your area. Related Resources: Find Immigration Lawyers Near You (FindLaw's Lawyer Directory) Top 7 Immigration Laws for Families (FindLaw's Law and Daily Life) Trump's Executive Order on Immigration: What Does It Mean When a Judge Issues a 'Stay'? (FindLaw's Law and Daily Life) What Power Does the President Have Over Deportation Policy? (FindLaw's Law and Daily Life)
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Arizona Can’t Ban Mexican American Studies in Schools

Generally speaking, courts are fairly deferential to schools on educational matters, except possibly when it comes to race. And while the Supreme Court has major rulings on school desegregation and affirmative action, this might be the first time a federal court has taken up the issue of race in a school district's curriculum. Arizona had passed legislation prohibiting courses "designed primarily for pupils of a particular ethnic group," which targeted a decades-long, voluntary Mexican American Studies program for K-12 students in the Tucson Unified School District. But a federal judge ruled the ban was "enacted and enforced with a discriminatory purpose," and is therefore unconstitutional. Racial Animus Judging from local reporting on the ban, it became a personal issue. The Arizona Daily Star reports that Arizona's superintendent of public education at the time, Tom Horne, and former state senator, and Horne's successor John Huppenthal, had it out for the Mexican American Studies program for years, culminating in an alleged blog post comment by Huppenthal comparing the classes to Hitler's rise to power. In 2010, the Arizona Senate passed H.B. 2281, which prohibited a school district or charter school from including in its program of instruction any courses that: "Promote the overthrow of the United States government," "Promote resentment toward a race or class of people," "Are designed primarily for pupils of a particular ethnic group," or "Advocate ethnic solidarity instead of the treatment of pupils as individuals." Racial Motivations In a scathing opinion, Judge A. Wallace Tashima determined officials "were motivated by racial animus" and were pushing "discriminatory ends in order to make political gains." Tashima ruled that the ban violated students' First and Fourteenth Amendment rights by denying them the "right to receive information and ideas" and discrimination against Latinos, respectively. "Having thus ruled out any pedagogical motivation," Tashima wrote, "the Court is convinced that decisions regarding the MAS program were motivated by a desire to advance a political agenda by capitalizing on race-based fears." The court will hear arguments regarding what remedies to take in the coming weeks. Related Resources: Arizona Law Outlawing Mexican-American Studies Ruled Unconstitutional (AZ Central) Teachers: How to Talk to Students About Privilege, Legally (FindLaw's Law and Daily Life) MN Students Sue School District Over Gay Policy (FindLaw's Law and Daily Life) Banned Books Week: Can Schools Ban Books? (FindLaw's Law and Daily Life)
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Daycare Owners Sued for Hiring Negligence After Child’s Death

"As parents, we trust that our children are safe while they are under the supervision of organizations like Community Nursery & Preschool, and that those individuals taking care of our children are responsible, qualified, and professional care providers. When organizations and individuals betray that trust, the consequences can be tragic and heart-breaking." That sounds like some of the openings we've had to write in response to children being injured or killed while at daycare. In fact they're the words of David S. Cain Jr., an attorney representing the family of 5-year-old Kamden Johnson, whose body discovered in the driveway in Mobile, Alabama last week. The family is suing the daycare Kamden was supposed to be attending on the day he was found, claiming the company was negligent in screening and hiring Valarie Rena Patterson, who has also been charged with multiple crimes relating to the boy's death.An Avoidable Tragedy Though all the details are not yet known, it sounds like Kamden was another tragic victim of being left in a hot van for too long. Kenya Anderson, the Director of the Community Nursery & Preschool Academy, told AL.com that Patterson was in charge of shuttling children between daycare facilities. Kamden was a passenger in the morning, but Patterson allegedly told Anderson she didn't pick him up for the afternoon rounds. Anderson, along with Community Church Ministries, Inc. and owners Carl and Angela Coker, are named in the lawsuit, which claims the daycare failed to conduct a background check on Patterson before her hiring. A Knowable Past According to law enforcement, that background check would've been revealing. AoL.com reports: Mobile County jail records show Patterson's arrest history dating back to November 1991 for three counts of second-degree theft of property charges, two counts of first-degree theft of property, two counts of third-degree theft of property, no driver's license and failure to appear in court charges. She was arrested a second time in August 1999 in Florida on first-degree theft of property, giving a false name to police and fugitive from justice charges. Court documents show that Patterson used an alias name of Valarie Hardy during that arrest. She was arrested a third time in October of 2007 on a fugitive from justice charge. In this case, Patterson has been charged with corpse abuse and manslaughter. Whether the Community Church daycare performed its due diligence in hiring Patterson may be a question left to another jury. Related Resources: Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory) Child Injured at Day Care: Should You Call a Lawyer? (FindLaw's Injured) 3 Most Common Injuries in Daycare (FindLaw's Injured) Signs of Daycare Abuse (FindLaw's Injured)
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NY DMV Busts 4k Fraudsters With Facial Recognition Tech

Identity theft often involves multiple pieces of identification. That means multiple driver's licenses, all with the same face. So in 2010, the New York Department of Motor Vehicles began using facial recognition software to flag the same face applying for multiple licenses. Turns out it pays off. The New York Post reports the DMV's facial recognition technology has led to 4,000 arrests and ID'd a total of 21,000 cases of identity theft or fraud. Hey, You Look Familiar The facial recognition program looks for the same faces applying for driver's licenses under different names. Yes, in rare instances, the software can uncover identical twins put up for adoption and raised in different parts of the state. But more often than not, as the Post reports, the tech is tracking identity thieves: Among those ensnared in the new high-tech net was Randolph Robinson who tried to obtain a New York driver's license of a man he moved furniture for, authorities said. When the state system flagged him and he realized his license wasn't mailed in a matter of days, Robinson flew to Florida, where he could get a license immediately at a DMV counter, officials said. State investigators tracked him down and busted him after they say he used the Florida identification to withdraw $50,000 from the victim's bank accounts and buy a new Honda. Numbers Game "The use of this facial recognition technology has allowed law enforcement to crack down on fraud, identity theft, and other offenses - taking criminals and dangerous drivers off our streets and increasing the safety of New York's roadways," Governor Andrew Cuomo said in a statement. "We will continue to do everything we can to hold fraudsters accountable and protect the safety and security of all New Yorkers." Along with those 4,000 arrests, another 16,000 people are facing administrative action as a result of the technology. A DMV investigation discovered that half of those flagged as having multiple license records were trying to get a second license after their original one had been suspended or revoked. "New York has a simple policy: one driver, one record," Terri Egan, DMV Executive Deputy Commissioner, added. "If your license is suspended or revoked, the days of getting a second one to try to keep driving are over." Related Resources: Driver's License Facial Recognition Tech Leads to 4,000 New York Arrests (Ars Technica) How Are Police Using Facial Recognition Software? And Is It Accurate? (FindLaw Blotter) Legal for Cops to Use iPhone Facial Recognition? (FindLaw Blotter) Can I Get Arrested for Not Having ID? (FindLaw Blotter)
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ACLU, Lambda Legal Sue Trump Over Transgender Military Ban

Over the course of three tweets last month, President Donald Trump expressed his intent to ban transgender people from serving in the military. The White House made that intent official on Friday, issuing a Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security "prohibit[ing] openly transgender individuals from accession into the United States military and authoriz[ing] the discharge of such individuals. And it didn't take long for the lawsuits to follow. Both the ACLU and Lambda Legal have sued Donald Trump and his Secretary of Defense James Mattis, claiming the ban is unconstitutional and "compromises the safety and security of our country." Animus Trump's memo reverses Obama-era guidance allowing transgender individuals to openly serve in the military and allowing defense funds to cover sex-reassignment surgery. The ban would remain in place "until such time as a sufficient basis exists upon which to conclude that terminating that policy and practice would not have the negative effects discussed above." In the memo, Trumps says, "The Secretary of Defense ... may advise me at any time, in writing, that a change to this policy is warranted," but that recommendation for change must be something that "I find convincing." The ACLU claims there is no military basis for the ban: The Trump Administration has provided no evidence that this pronouncement was based on any analysis of the actual cost and disruption allegedly caused by allowing men and women who are transgender to serve openly. News reports indicate that the Secretary of Defense and other military officials were surprised by President Trump's announcement and that his actual motivations were purely political, reflecting a desire to accommodate legislators and advisers who bear animus and moral disapproval toward men and women who are transgender, with a goal of gaining votes for a spending bill that included money to build a border wall with Mexico. Amicus The claims may bear some truth. Mattis was reportedly caught off guard by Trump's tweets, and sources say he was "appalled." Lambda Legal's suit alleges "the Ban and the current accessions bar violate the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment," and "are unsupported by any compelling, important, or even rational justification." This is not the first time Trump has been sued over an executive order or memo -- there are now at least three lawsuits regarding the transgender military ban alone -- and will likely not be the last. Related Resources: Find Civil Rights Lawyers Near You (FindLaw's Lawyer Directory) Military Transgender Ban to Begin Within 6 Months, Memo Says (The New York Times) Transgender Service Members Sue Trump Over Military Ban Tweets (FindLaw's Courtside) Trump Administration Rescinds Guidance on Bathroom Use for Transgender Students (FindLaw's Law and Daily Life)
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Top 5 Domestic Violence Questions

At one point in the not-too-distant past, a fight between spouses -- even a physical one -- was thought to be a personal matter, not the purview of police, prosecutors, or judges. More recently, law enforcement has taken domestic abuse more seriously, although juries were liable to take a he said/she said approach to accusations of violence in the home. Nowadays, thankfully, it seems like everyone is taking domestic violence seriously, from the expansion of definitions to include other members of the family or household, to the increase in convictions and penalties for domestic abuse. But questions remain. Here are five of them from our archives: 1. How Long Do You Have to File a Police Report for Domestic Violence? Victims of domestic abuse can often struggle with the decision to report violence in the home. Ignorance of domestic violence laws or fear of abandonment or increased abuse keeps many victims from going to the police at all. But statutes of limitation put a cap on how long you can wait before reporting domestic violence. 2. Should You Call the Police If Your Neighbors Are Fighting? Getting involved in a domestic dispute or intervening on another's behalf, especially if that person is a stranger, can keep many witnesses of domestic abuse from contacting law enforcement. However, if a situation has escalated to the point you can hear it, it is seldom a bad thing to get the police involved. You may be afraid of meddling, but you may also save a life. 3. Victim of Stalking? Know Your Legal Options Domestic abuse is not limited to acts of physical violence, and can include emotional and psychological abuse. At the same time, it is not just limited to behavior in the home -- abuse can often spill out into a person's public life. 4. When Can Domestic Violence Charges Be Dismissed? Criminal charges get dropped for all kinds of reasons. But with the common misconceptions regarding who presses charges and how, dismissing charges in a domestic violence case may be a little different than you might expect. 5. Can I Still Own a Gun After a Domestic Violence Conviction? Most jurisdictions are taking domestic violence more seriously, and the penalties for a conviction can be severe. Domestic violence convictions especially are those that after which cities, counties, or states would want to limit gun ownership or possession. And, thanks to federal gun control regulations, that's often the case. If you are or have been the victim of domestic violence, get help. And if you've been charged with domestic violence, get an experienced attorney. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How to Get a Domestic Violence Charge Dismissed (FindLaw Blotter) 5 Potential Defenses to Domestic Violence (FindLaw Blotter) Types of Violent Crime (FindLaw Blotter)
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