Today’s Wall Street Journal (03/12/08 A-3) carries an article about “dubious information” in files of mortgage lender Countrywide Financial Corp., and illustrates the issue by reference to a criminal prosecution in Alaska. The case is U. S. v. Kourosh Partow, 3:06-cr-00104-HRH. Partow pleaded guilty, and Judge Holland, on August 24, 2007, sentenced the former lending company […]
In deciding a motion for summary judgment in a section 1983 action we are bound to look first to whether there was a constitutional violation and then to whether defendants have qualified immunity, even if the qualified immunity inquiry would resolve the case more easily. See Saucier v. Katz, 533 U.S. 194, 201 (2001); Meyers, […]
It is well-settled Supreme Court law that an EEOC right-to-sue letter is not a jurisdictional prerequisite to a Title VII action. It’s a conditional precedent that may be waived by the parties or the court. Zipes v. TransWorld Airlines, Inc. 455 U.S. 385 (1982). In this morning’s case, the ex-employee filed with the state (California) […]
In the false arrest case previously discussed, Judge John Sedwick has rejected the Municipality of Anchorage’s motion for reconsideration, supported by new affidavits from police officers. Under 9th Cricuit law, reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the intial decision was manifestly unjust, or […]
