Pretrial Detainees and Kingsley v. Hendrickson

By Stephen J. Haedicke | February 8, 2017

In Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), the Supreme Court held that a pretrial detainee may prevail on a § 1983 excessive force claim if he or she shows that the force used was objectively unreasonable, regardless of whether the officer had a subjective intent to cause the detainee harm.  In reaching this […]

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The Sentencing Reform and Corrections Act of 2015

By Stephen J. Haedicke | September 16, 2016

Currently pending in the Senate, the Sentencing Reform and Corrections Act of 2015 (S. 2123) could have far reaching, positive consequences for federal criminal law and the excessive incarceration rates in this country. The law was sponsored by Republican Senator Chuck Grassley, chairman of the Senate Judiciary Committee, and also enjoys the support of Senator […]

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The Widest Net: Federal Criminal Conspiracy Law

By Stephen J. Haedicke | May 20, 2016

Defense attorneys and others sometimes lament the extraordinary breadth of federal conspiracy laws. These complaints are nothing new.  In his lecture on Industrial Conspiracies, Clarence Darrow quipped: When they want a working man for anything excepting work they want him for conspiracy. And the greatest conspiracy that is possible for a working man to be […]

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Employees of Private Medical Providers at Jails and Prisons are Not Entitled to Qualified Immunity

By Stephen J. Haedicke | April 24, 2016

It is increasingly common for jails and prisons to contract with a private company to provide medical care to pre-trial detainees and prisoners. In a recent civil rights case involving the tragic death of a 16-year-old boy being held in an adult jail, we sued such a private medical company and its employees. In response, […]

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DOJ Announces New Clemency Rules for Non-Violent Offenders

By Stephen J. Haedicke | April 29, 2014

In a continuing move towards rationality in federal criminal law, the U.S. Department of Justice recently announced a new clemency program for certain offenders serving time in the federal system.  Under the program, the DOJ will review thousands of cases, mostly involving drug offenders, and recommend many prisoners to the president as candidates for executive […]

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A Review of Statute of Limitations (Prescription) For Louisiana Sex Crimes

By Stephen J. Haedicke | April 9, 2014

For various reasons, the Louisiana legislature has enacted legislation granting extended prescription dates (otherwise known as statute of limitations dates) on the prosecution of sex crimes.  Although prosecution for most felonies must begin within either four or six years, for a long list of sex crimes the time limit for instituting prosecution has been extended […]

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