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Supreme Court Rules Against Police in Malicious Prosecution Case

Published

2 years ago

on

Supreme Court Rules Against Police in Malicious Prosecution Case

WASHINGTON — The Supreme Courtroom dominated on Monday in favor of a Brooklyn man who stated he had been falsely accused by cops of resisting arrest, saying he might sue for malicious prosecution below a federal civil rights regulation.

The vote was 6 to three, with the bulk deciding solely the slender query of what the person, Larry Thompson, needed to present to fulfill a requirement that there was a good termination of the prosecution towards him. Justice Brett M. Kavanaugh, writing for almost all, stated it was sufficient that prosecutors had dropped the costs, rejecting the view that Mr. Thompson needed to show that there had been some affirmative indication of his innocence.

The case began in 2014, as Mr. Thompson, a Navy veteran and longtime postal employee, was residing together with his fiancée, their new child child woman and Mr. Thompson’s sister-in-law who, Justice Kavanaugh wrote, “apparently suffered from a psychological sickness.”

When the child was per week outdated, the sister-in-law known as 911 and accused Mr. Thompson of sexually abusing the toddler, citing a crimson rash on her buttocks that turned out to be diaper rash. When 4 cops arrived, Mr. Thompson refused to allow them to in with no warrant.

They entered anyway, tackling Mr. Thompson and pinning him to the ground. The officers handcuffed and arrested him. Whereas he was in jail for 2 days, one officer filed a felony grievance charging Mr. Thompson with resisting arrest. Prosecutors finally dropped the costs.

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Mr. Thompson sued the officers below an 1871 federal civil rights regulation generally known as Part 1983 that enables residents to sue state officers, together with cops, over violations of constitutional rights. He stated the officers had violated the Fourth Modification, which prohibits unreasonable seizures.

Decrease courts dismissed his malicious prosecution declare, saying {that a} precedent of the federal appeals court docket in New York required him to indicate “that the underlying felony continuing led to a way that affirmatively signifies his innocence.”

Whilst he dominated towards Mr. Thompson in 2019, nevertheless, Decide Jack B. Weinstein of the Federal District Courtroom in Brooklyn stated the precedent “can and ought to be modified.” Decide Weinstein died final yr.

Justice Kavanaugh wrote that malicious prosecution regulation in 1871 typically didn’t require greater than dismissal of expenses to beat the requirement of a good termination.

“Requiring the plaintiff to indicate that his prosecution ended with an affirmative indication of innocence would paradoxically foreclose” a Part 1983 declare, he wrote, “when the federal government’s case was weaker and dismissed with out clarification earlier than trial, however permit a declare when the federal government’s proof was substantial sufficient to proceed to trial.”

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The ruling was slender and incremental, and Justice Kavanaugh famous that it left cops with different methods to defeat “unwarranted civil fits,” notably together with certified immunity, the doctrine that requires plaintiffs to indicate not solely that the officer had violated a constitutional proper but additionally that the appropriate had been “clearly established” in a earlier ruling.

Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer, Sonia Sotomayor, Elena Kagan and Amy Coney Barrett joined the bulk opinion.

In dissent, Justice Samuel A. Alito Jr. wrote that almost all had didn’t show the federal regulation allowed malicious prosecution claims in any respect, saying that Justice Kavanaugh had stitched collectively “parts taken from two very completely different claims: a Fourth Modification unreasonable seizure declare and a common-law malicious-prosecution declare.”

“The truth is,” he wrote, “the Fourth Modification and malicious prosecution have virtually nothing in frequent.”

Justices Clarence Thomas and Neil M. Gorsuch joined Justice Alito’s dissent within the case, Thompson v. Clark, No. 20-659.

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New York

Senator Menendez’s Resignation Letter

Published

5 days ago

on

July 23, 2024

By

Senator Menendez’s Resignation Letter

ROBERT MENENDEZ
NEW JERSEY
COMMITTEES:
BANKING, HOUSING, AND URBAN
AFFAIRS
FINANCE
FOREIGN RELATIONS
The Honorable Phil Murphy
Governor of New Jersey
Office of the Governor
Trenton, N.J. 08625
Dear Governor Murphy,
United States Senate
WASHINGTON, DC 20510-3005
July 23, 2024
528 SENATE HART OFFICE BUILDING
WASHINGTON, DC 20510
(202) 224-4744
210 HUDSON STREET
HARBORSIDE 3, SUITE #1000
JERSEY CITY, NJ 07311
(973) 645-3030
208 WHITE HORSE PIKE
SUITE 18-19
BARRINGTON, NJ 08007
(856) 757-5353
This is to advise you that I will be resigning from my office as the United States Senator from
New Jersey, effective on the close of business on August 20, 2024.
This will give time for my staff to transition to other possibilities, transfer constituent files that
are pending, allow for an orderly process to choose an interim replacement, and for me to close
out my Senate affairs.
While I fully intend to appeal the jury’s verdict, all the way and including to the Supreme Court,
I do not want the Senate to be involved in a lengthy process that will detract from its important
work. Furthermore, I cannot preserve my rights upon a successful appeal, because factual matters
before the ethics committee are not privileged. This is evidenced by the Committee’s Staff
Director and Chief Counsel being called to testify at my trial.
I am proud of the many accomplishments I’ve had on behalf of New Jersey, such as leading the
federal effort for Superstorm Sandy recovery, preserving and funding Gateway and leading the
federal efforts to help save our hospitals, State and municipalities, as well as New Jersey families
through a once in a century COVID pandemic. These successes led you, Governor, to call me the
“Indispensable Senator.”
I thank the citizens of New Jersey for the extraordinary privilege of representing them in the
United States Senate.
Sincerely,
Pabet Menang.
Robert Menendez
United States Senator
New Jersey
cc: The Honorable Kamala Harris, President of the Senate
The Honorable Ann Berry, Secretary of the Senate

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New York

How Well Do You Know Literary Brooklyn?

Published

7 days ago

on

July 22, 2024

By

How Well Do You Know Literary Brooklyn?

A strong sense of place can deeply influence a story, and in some cases, the setting can even feel like a character itself. This week’s literary geography quiz celebrates Brooklyn and novels set around the bustling borough. To play, just make your selection in the multiple-choice list and the correct answer will be revealed. Links to the books will be listed at the end of the quiz if you’d like to do further reading.

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New York

See How Your Subway Service May Suffer Without Congestion Pricing

Published

3 weeks ago

on

July 11, 2024

By

See How Your Subway Service May Suffer Without Congestion Pricing

After Gov. Kathy Hochul halted New York City’s congestion pricing program last month, the Metropolitan Transportation Authority cut $16.5 billion worth of planned upgrades to the city’s vast transit network, mostly to account for the loss of funding that was tied to revenue from the toll.

The impact of the congestion pricing suspension on the M.T.A.’s funds for capital projects

Source: Metropolitan Transportation Authority

Notes: The chart shows the $28.5 billion in uncommitted funds in the M.T.A.’s 2020-24 capital program; an additional $27 billion had already been committed.

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Projects were cut from each part of New York City’s transit system, which is the largest in North America and is used by millions of people every day. The projects included elevator and ramp installations that would make subway stations accessible for people with disabilities, structural repairs to aging infrastructure and upgrades to 1930s-era signals that regularly cause delays.

Here are some of the subway projects the authority says it has shelved:

The cuts announced by the M.T.A. — the state agency that runs the subway, bus and commuter rail lines — will also affect transit outside the subway system. The authority has postponed the purchase of more than 250 electric buses and charging infrastructure at bus depots, as well as upgrades to regional rails and a ramp reconstruction on the Verrazano-Narrows Bridge.

The $12 billion remaining in the M.T.A.’s capital funds will be spent on projects the authority considers the most urgent, like track replacements and repairs to power substations. It will also replace some of the “least reliable” subway and railway cars, the authority said in a report.

All told, there are 92 subway stations that will not get planned improvements, including 22 stations that will not get new elevators or ramps; 10 that will not get upgrades like structural repairs, platform replacements and new barriers between platforms and tracks; and 71 that will not get upgrades to their public announcement systems.

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Below is a list of the subway stations where upgrades have been put on hold, based on what the M.T.A. has detailed so far:

Projects on hold at 41 stations in Brooklyn:

Union St R

  • upgrade to public announcement system

4 Av-9 St R

  • upgrade to public announcement system

36 St D N R

  • upgrade to public announcement system

59 St N R

  • upgrade to public announcement system

Bergen St F G

  • upgrade to public announcement system

15 St-Prospect Park F G

  • upgrade to public announcement system

Church Av F G

  • upgrade to public announcement system

Avenue X F

  • upgrade to public announcement system

Neptune Av F

  • upgrade to public announcement system
  • elevator or ramp installation
  • platform or waiting area replacement

Jay St-MetroTech A C F

  • upgrade to public announcement system

Hoyt-Schermerhorn Sts A C G

  • upgrade to public announcement system
  • elevator or ramp installation

Franklin Av C

  • upgrade to public announcement system

Nostrand Av A C

  • upgrade to public announcement system
  • elevator or ramp installation

Utica Av A C

  • upgrade to public announcement system

Euclid Av A C

  • upgrade to public announcement system

7 Av B Q

  • upgrade to public announcement system

Kings Hwy B Q

  • upgrade to public announcement system

Avenue U Q

  • upgrade to public announcement system

Neck Rd Q

  • upgrade to public announcement system

Sheepshead Bay B Q

  • upgrade to public announcement system

Brighton Beach B Q

  • upgrade to public announcement system

Ocean Pkwy Q

  • upgrade to public announcement system

W 8 St-NY Aquarium F Q

  • upgrade to public announcement system

Jefferson St L

  • elevator or ramp installation

Nevins St 2 3 4 5

  • platform or waiting area replacement

Crescent St J Z

  • upgrade to public announcement system

Norwood Av J Z

  • upgrade to public announcement system

Cleveland St J

  • upgrade to public announcement system

Van Siclen Av J Z

  • upgrade to public announcement system

Alabama Av J

  • upgrade to public announcement system

Chauncey St J Z

  • upgrade to public announcement system

Halsey St J

  • upgrade to public announcement system

Gates Av J Z

  • upgrade to public announcement system

Kosciuszko St J

  • upgrade to public announcement system

Myrtle Av J M Z

  • upgrade to public announcement system

Flushing Av J M

  • upgrade to public announcement system

Lorimer St J M

  • upgrade to public announcement system

Hewes St J M

  • upgrade to public announcement system

Marcy Av J M Z

  • upgrade to public announcement system

Kings Hwy N

  • elevator or ramp installation

18 Av D

  • elevator or ramp installation

Projects on hold at 9 stations in the Bronx:

Norwood-205 St D

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  • upgrade to public announcement system

Bedford Park Blvd B D

  • upgrade to public announcement system

Kingsbridge Rd B D

  • upgrade to public announcement system

Fordham Rd B D

  • upgrade to public announcement system

Tremont Av B D

  • upgrade to public announcement system

161 St-Yankee Stadium B D

  • upgrade to public announcement system

Wakefield-241 St 2

  • elevator or ramp installation

Brook Av 6

  • elevator or ramp installation
  • repairs for structural or aesthetic issues

3 Av-138 St 6

  • elevator or ramp installation
  • repairs for structural or aesthetic issues

Projects on hold at 27 stations in Manhattan:

Roosevelt Island F

  • upgrade to public announcement system

Lexington Av/63 St F Q

  • upgrade to public announcement system

47-50 Sts-Rockefeller Ctr B D F M

  • upgrade to public announcement system

42 St-Bryant Pk B D F M

  • upgrade to public announcement system
  • elevator or ramp installation

34 St-Herald Sq B D F M

  • upgrade to public announcement system

Broadway-Lafayette St B D F M

  • upgrade to public announcement system

2 Av F

  • upgrade to public announcement system

Delancey St-Essex St F

  • upgrade to public announcement system
  • elevator or ramp installation

East Broadway F

  • upgrade to public announcement system

190 St A

  • repairs for structural or aesthetic issues

145 St A C B D

  • elevator or ramp installation

W 4 St-Wash Sq A C E

  • upgrade to public announcement system

Canal St A C E

  • upgrade to public announcement system

Chambers St A C

  • upgrade to public announcement system

World Trade Center E

  • upgrade to public announcement system

Lexington Av/59 St N R W

  • elevator or ramp installation

168 St 1

  • elevator or ramp installation

3 Av L

  • new fencing between platform and track

5 Av 7

  • elevator or ramp installation

Times Sq-42 St 7

  • new fencing between platform and track

Delancey St-Essex St J M Z

  • upgrade to public announcement system
  • elevator or ramp installation

Canal St J Z

  • upgrade to public announcement system

Chambers St J Z

  • upgrade to public announcement system
  • repairs for structural or aesthetic issues

Broad St J Z

  • upgrade to public announcement system

110 St 6

  • elevator or ramp installation

59 St 4 5 6

  • elevator or ramp installation

7 Av B D E

  • elevator or ramp installation

Projects on hold at 14 stations in Queens:

21 St-Queensbridge F

  • upgrade to public announcement system

111 St J

  • upgrade to public announcement system

75 St-Elderts Ln J Z

  • upgrade to public announcement system

Ozone Park-Lefferts Blvd A

  • upgrade to public announcement system

Jamaica Center-Parsons/Archer E J Z

  • upgrade to public announcement system

Sutphin Blvd-Archer Av-JFK Airport E J Z

  • new fencing between platform and track

Jamaica-Van Wyck E

  • upgrade to public announcement system

Parsons Blvd F

  • elevator or ramp installation

Sutphin Blvd F

  • upgrade to public announcement system

Briarwood E F

  • elevator or ramp installation
  • repairs for structural or aesthetic issues

Howard Beach-JFK Airport A

  • upgrade to public announcement system

Broad Channel A S

  • upgrade to public announcement system

Far Rockaway-Mott Av A

  • upgrade to public announcement system

Rockaway Park-Beach 116 St A S

  • upgrade to public announcement system

Projects on hold at 1 station in Staten Island:

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Clifton SIR

  • elevator or ramp installation

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