Court says police cannot be sued over warrant
Lawyer Blogs
The Supreme Court said Wednesday that California police officers cannot be sued because they used a warrant that may have been defective to search a woman's house.
The high court threw out the lawsuit against Los Angeles County Sheriff's Detective Curt Messerschmidt and other police officials, who were being sued personally by Augusta Millender for the search on her house and confiscation of her shotgun.
Police were looking for her foster son, Jerry Ray Bowen, who had recently shot at his ex-girlfriend with a black sawed-off shotgun. She told police that he may be at his foster mother's house, so Messerschmidt got a warrant to look for any weapons on the property and gang-related material, since Bowen was supposed to be a member of the Mona Park Crips and the Dodge Park Crips. The detective had his supervisors approve the warrant before submitting to the district attorney and a judge, who also approved the warrant.
Related listings
-
High court to take new look at affirmative action
Lawyer Blogs 02/21/2012The Supreme Court will once again confront the issue of race in university admissions in a case brought by a white student denied a spot at the flagship campus of the University of Texas. The court said Tuesday it will return to the issue of affirmat...
-
Student bra search case goes to NC Supreme Court
Lawyer Blogs 02/13/2012The North Carolina Supreme Court is hearing arguments over whether school officials should be allowed to search students' bras for drugs. A student at an alternative school sued after students had to untuck their shirts and pull out their bras with t...
-
US Supreme Court won't permit Ohio execution
Lawyer Blogs 02/08/2012The U.S. Supreme Court on Wednesday added another wrinkle to Ohio's debate over how strictly the state's lethal injection procedures should be followed. The court without comment refused to allow the execution of a condemned killer of an elderly coup...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.