The Supreme Court's ruling in Egbert v. United States significantly alters how police can be held liable for excessive force. Officers can now be sued personally for excessive force even if the law wasn't 'clearly established' in the exact same manner, increasing accountability and potentially offering more legal recourse for citizens alleging police brutality. This decision emphasizes that officers are expected to understand and adhere to constitutional limits on force.
This entry details the legal challenge in Schoenthal v. Raoul concerning Illinois's ban on firearms on public transportation. It highlights the state's appeal, the judge's strong reaction to the state's motion to stay, and the potential sanctions under Federal Rule of Civil Procedure 11 for attorneys making unsubstantiated claims, particularly referencing a recent CTA shooting.
William Kirk, President of Washington Gun Law, details a significant legal victory striking down California's unconstitutional fee-shifting law (SB 1327). This law, designed to deter Second Amendment lawsuits by forcing plaintiffs to pay state legal fees if they didn't win 100% of their claims, was deemed a violation of the First, Second, and Fourteenth Amendments. Judge Roger T. Benitez issued a permanent injunction, effectively removing a substantial financial barrier for those challenging firearm regulations in California.
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