- Kennedy & Oliver Prosecuting Class Action against Albuquerque over Cash Seizures
Posted March 11, 2007, 2:14 pm
Kennedy & Oliver is happy to report that it is one step closer to a complete resolution of its class action against the City of Albuquerque related to the seizure and disposition of cash from citizens. Kennedy & Oliver is...
- Al Unser Acquitted in Albuquerque' Metropolitan Court
Posted December 19, 2006, 10:24 am
Recently, race car legend, Al Unser, went to trial on charges of refusal to obey an officer and on charges of resisting arrest. I attended some of the trial in Metropolitan Court in Albuquerque. Al Unser's testimony was similar to...
- Update and Sonderstand Comment
Posted October 18, 2005, 5:52 pm
I'm afraid I have fallen behind in my case reviews. I will be giving a seminar here in Albuquerque in early December on police liability issues. Last year, that seminar was a good occasion for me to catch up on...
- Kennedy & Oliver Obtain $3.2 Million Verdict for Survivor of Sexual Molestation
Posted July 24, 2005, 10:08 am
On Friday, July 22, 2005, a jury in the United States District Court for the District of New Mexico awarded L.S., a nine year old child, $1.2 million in compensatory damages and $2 million in punitive damages. On May 8...
- State University Employee's Search of Safe Held Not Government Action
Posted July 5, 2005, 7:03 pm
In a decision that has far-reaching consequences for school searches, the Tenth Circuit held that a state employee's search of a safe "out of curiosity" did not implicate Fourth Amendment concerns because the state employee did not intend to look...
- Civil Rights Win for Teen Interrogated and Threatened by Social Worker
Posted June 23, 2005, 6:36 pm
In a stunning reversal of the district court's entry of summary judgment for a social worker, the Tenth Circuit ruled that a teen's complaint alleging a two hour interrogation, laced with threats of arrest, in a school counselor's office was...
- Albuquerque Police Misconduct Lawsuit Results in Jury Verdict
Posted June 11, 2005, 2:59 pm
In a case tried in Santa Fe, a young man was awarded $100,000 after a jury found that the officer used excessive force in his detention. The jury found for the defendants on claims of false arrest and unreasonable detention...
- Officer Safety Concerns Justified Warrantless Search of Truck
Posted June 11, 2005, 1:57 pm
On January 23, 2003, at about 3:00 a.m., James Bryan (Macine Gun)Dennison was in his gold truck, with camper shell, hanging out with his pal, Keith Allen, in the parking lot of an apartment complex in Englewood, Colorado after having...
- False Arrest Claim against the City of Albuquerque Dismissed
Posted June 7, 2005, 5:40 pm
In Tanberg v. Sholtis, 03-2231 (March 16, 2005), the Tenth Circuit affirmed the mid-trial dismissal of false arrest claims against an Albuquerque police officer. The opinion is notable for its qualified immunity analysis and the relevance, if any, of police...
- Warrantless Search of Toolbox Approved as Administrative Search of Junkyard
Posted June 6, 2005, 5:42 pm
In a decision with layers of Fourth Amendment issues, the Tenth Circuit approved the warrantless search of a toolbox at a work station when police were on the premises of a junkyard conducting a search pursuant to a state "chop...
- New Mexico Court Approves Tribal Police DWI Stop in Gallup
Posted June 2, 2005, 5:06 pm
The New Mexico Court of Appeals held that a Navajo Police Officer's DWI stop of a motorist in the Gallup city limits was reasonable under New Mexico law. The Court reasoned that state law did not prohibit the Navajo Police...
- Civil Rights Opinion Affirms Privacy in Commercial Property
Posted May 26, 2005, 7:06 pm
In Mimics, Inc. v. The Village of Angel Fire, 03-2214 (January 3, 2005), the Tenth Circuit denied qualified immunity to an officer for his intentional, warrantless entry into a commercial property for the alleged purpose of enforcing the state and...
- New Mexico Civil Rights Lawyers Challenge State Transfers of Cash to Feds
Posted May 24, 2005, 5:24 pm
Kennedy & Oliver have joined forces with Albuquerque lawyer Glenn Smith Valdez to challenge the State of New Mexico's practice of bypassing the New Mexico Forfeiture Act in favor of the more profitable federal forfeiture route. The New Mexico State...
- ACLU Challenge to City of Albuquerque Seizure Statute
Posted May 18, 2005, 7:05 pm
ACLU attorney, Paul Kennedy (brother of this blogger), argued in state district court that the recently enacted City of Albuquerque car seizure statute violates due process principles. The City of Albuquerque has passed a forfeiture law allowing it to seize...
- District Court Dismisses Civil Rights Claim of Unlawful State Removal of Minor Children from Home
Posted May 18, 2005, 7:01 pm
A Section 1983 civil rights plaintiff who raises a due process claim for the state's warrantless removal of her children from the home faces huge obstacles of proof and an almost insurmountable legal obstacle in the qualified immunity defense. The...
- Is Negligence Enough to Prove a Due Process Violation?
Posted May 13, 2005, 4:32 pm
Most civil rights lawyers in New Mexico and elsewhere would answer the question posed with a resounding "No"! They would be correct. However, an intentional, non-malicious act that deprives a property or liberty right can lead to civil liability even...
- Stale Information "Refreshed" by Contemporaneous Suspicious Activities
Posted May 10, 2005, 4:44 pm
In United States v. Cantu, No. 04-3291 (May 6, 2005), the Tenth Circuit found probable cause in a search warrant for a vehicle. The probable cause finding was based upon two previous arrests for drug possession, one prior conviction for...