Kohring recusal: Here is Kohring’s reply on his post-verdict motion to recuse Judge John Sedwick.
Habeas corpus: The 9th Circuit has affirmed Judge Timothy Burgess’ denial, as untimely, of a habeas corpus petition filed by multiple murderer Loren Larson. Larson claimed pre-deliberation juror misconduct, and relied on juror affidavits. Larson v. Turnbull, 2008 WL _______ (9th Cir. […]
A police detective secretly video-taped several officers’ locker room, investigating the theft of a flashlight. The Ninth Circuit now holds that the officers had both a subjective and objective reasonable expectation of privacy, and that no reasonable supervisor could have believed that the search was constitutional. The detective, thus, had no immunity to a damage claim […]
The City of Woodburn, Oregon, requires conditionally-accepted candidates for any position to take a pre-employment drug test. A finalist for the position of part-time library page challenged the requirement under the Fourth Amendment. The 9th Circuit has now upheld the invalidation of the policy, not facially, but as applied to this plaintiff.
The Court of Appeals held […]
Primary jurisdiction and res judicata bar union’s independent challenge to City’s action
Superior Court Judge Mark Wood has ruled that the Fairbanks Firefighters Union may not pursue a breach of contract action against the City of Fairbanks while simultaneously pursuing an appeal from an ALRA Decision on the same or related issues.
The City and Fairbanks IAFF Local […]
” . . . nor shall any state deprive any person of life, liberty, or property without due process of law. . . .”
14th Amendment, U. S. Constitution
Public employee due process claims involve two primary issues. The first is whether the public employee has been deprived of liberty or property within the meaning of the […]
As of May 12, HB 109, as amended, has passed both houses and should soon be on its way to the Governor, who requested the original bill. As you can see from the title, the legislation tightens rules governing the conduct of public employees and officials:
An Act relating to bribery, receiving unlawful gratuities, and campaign contributions; […]
The Supreme Court, in an unpublished opinion, recently addressed several issues about the Due Process rights of a public employee. The Court issued its opinion in Bowen v. State, 2007 WL 706638 (Alaska Mar. 7, 2007), on appeal from remand proceedings following State v. Bowen, 953 P.2d 888, 901 (Alaska 1998).
Bowen had been a staff […]
