Supreme Court Rules that ADEA Applies to State and Local Governments Regardless of Size

By Stephen J. Haedicke | November 21, 2018

On November 6, 2018, in the case of Mount Lemmon Fire District v. Guido, the U.S. Supreme Court ruled that the Age Discrimination in Employment Act (ADEA) applies to state and local governments regardless of the number of employees they have.  This contrasts with private employers, who must have at least 20 employees to be […]

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Civil Rights Suit Filed on Behalf of Father of Four Who Died in Custody

By Stephen J. Haedicke | November 15, 2018

NOLA.com | The Times-Picayune By Emily Lane, elane@nola.com Updated Sep 5, 2018; Posted Sep 5, 2018 The protocol for caring for people coming down from heroin at the Orleans Parish jail includes taking their vital signs at least every eight hours, according to a wrongful death lawsuit filed this week. The family of a detoxing man who died last November after going […]

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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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