I’m not sure if you get our enewsletters – there are a couple of civil rights cases in this issue. If you want to receive them directly, let me know. I again apologize for messing up Tuesday’s call. Next call Sept. 18 at 2PM. I have backup this time. Dial 1-888-346-3659 and enter passcode 2024# to participate. Chuck Issue No. 14, September 12, 2012 This issue of IMLA News is now posted and available to our members via My IMLA<https://netforum.avectra.com/eWeb/StartPage.aspx?Site=IMLA&WebCode=HomePage&msm=95f5d5a1-e073-42cf-b901-ec728930847a&cst=da32bcc5-d20e-4b34-94be-8580f051faf8&ent=b79016eb-daa3-46b9-861e-4922dc7be4f3> (Articles) . Full versions are also available here: WORD<http://www.imla.org/images/publications/newsletter/Issue_14_12Sept2012/newsletter%20-%20combined%205%20cases.doc>/ PDF<http://www.imla.org/images/publications/newsletter/Issue_14_12Sept2012/newsletter%20-%20combined%205%20cases.pdf> First, Fourth and Fourteenth Amendments – False Arrest – Selective Enforcement –Conspiracy – Maricopa County Attorney – Phoenix New Times –Joseph “Joe” Arpaio Many of you have been following the ongoing troubles in Maricopa County, Arizona. In the latest chapter of this case The Ninth Circuit recently held that the County Sheriff and the Special Deputy County Attorney were not entitled to absolute or qualified immunity, and that the Phoenix New Times (“New Times”) may proceed with causes of action under the First, Fourth, and Fourteenth Amendments against them. The Court also held that the County Attorney is entitled to absolute immunity on all constitutional claims, but gave leave to the New Times to amend their complaint with regard to a conspiracy claim against him. For those of you who have not been following the events in Maricopa County, a bit of background has been provided. Read More ...<http://www.imla.org/images/publications/newsletter/Issue_14_12Sept2012/9-12%20-%20lacey%20llc%20v.%20%20maricopa%20county.pdf> Fourth and Fourteenth Amendments – Ordinance Requiring Regular and Scheduled Street Cleaning – Unabandoned Property of Homeless – Skid Row The City of Los Angeles (“City”) conducts regular and scheduled street cleanings pursuant to ordinance§ 56.11, which states that “No person shall leave or permit to remain any merchandise, baggage or any article of personal property upon any parkway or sidewalk”. While in many areas of the City, residents no doubt appreciate these sweeps, in the “Skid Row” district where the City’s highest concentration of homeless live, the City’s interest in cleaning and protecting its public ways collides with its homeless residents’ property interests. The city conducts the sweeps to address the excessive proliferation of abandoned personal property on the sidewalks in the Skid Row area. As part of this effort, the City blanketed the area with notices that property left on the sidewalks during these sweeps would be removed and disposed of. Read More ...<http://www.imla.org/images/publications/newsletter/Issue_14_12Sept2012/9-12%20-%20lavan%20v.%20%20city%20of%20los%20angeles.pdf> Section 1983 – Police Action – Excessive Force - Deliberate Indifference to Abuse of Constitutional Rights – Adequacy of Evidence to Support “Custom, Policy or Usage” In April 1997, Officer Robert Flodquist, a member of the East Haven Police Department (“EPHD”)shot and killed Malik Jones after a car chase. Witnesses agreed that Flodquist approached Jones’ vehicle as it was blocked by police cruisers and broke the driver’s window with his gun, then shot Jones numerous times when the car began moving in reverse. A passenger in the vehicle claimed that it did not begin to move until after the Jones had been shot, while Flodquist testified that was in danger of being hit by the moving vehicle and fired in self defense. Read More ...<http://www.imla.org/images/publications/newsletter/Issue_14_12Sept2012/9-12%20-%20jones%20v.%20town%20of%20new%20haven.pdf> Taxation–Online Travel Services – Transient Occupancy Tax – Wholesale versus Retail Rates – Duty to Collect DefendantsHotels.com, L.P., Expedia, Inc., Hotwire, Inc., Travelocity, L.P., Orbitz LLC, Priceline.com, Inc, and other related entities are web-based providers of low-priced fares, car rentals, lodging and other services.Although their specific business practices vary, they share the same business model in terms of lodging: the online companies agree to pay lodging establishments an agreed-upon "wholesale" rate for available rooms and then offer rooms to customers at a higher "retail" rate. The online travel companies remit to the lodging establishments the "wholesale" rate, plus any taxes applicable to the "wholesale" price – but do not pay taxes on the difference between the “wholesale” and “retail” rates. Read More ...<http://www.imla.org/images/publications/newsletter/Issue_14_12Sept2012/9-12%20-%20city%20of%20columbus%20v.%20hotels.com.pdf> Handguns –Probable Cause – Civil Rights – False Arrest – Consequences of Nol Pros Where Valid Case Exists With the trend in Supreme Court decisions expanding the right of private citizens to carry handguns in public places, , cases arising out of confrontations between police and those carrying guns will no doubt proliferate. The following Maryland case presents some interesting twists to firearm regulation. Maryland imposes a very strict limitation on who can possess and carry handguns; specifically, a permit is required except in certain very limited circumstances. Read More ...<http://www.imla.org/images/publications/newsletter/Issue_14_12Sept2012/9-12%20-%20prince%20georges%20v.%20%20blue.pdf> ________________________________ Questions? Please DO NOT reply to this email. It directs to an unmonitored email. 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