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Gabriel Malor
@gabrielmalor
, 3 tweets, 1 min read Read on Twitter
10th Cir., 2-1, rejects qualified immunity for deputies who walked a pretrial detainee through a hospital in the nude.

Notes "law-enforcement officers in this circuit have been taught this lesson [about involuntary exposure of the nude body] repeatedly." ca10.uscourts.gov/opinions/18/18…
Dissenting Judge Tymkovich argues that the complaint evinces mere indifference or callousness, which doesn't shock the conscience enough to implicate due process.

Says the complaint had to allege maliciousness.

(Corrected tweet.)
Judge Tymkovich has been on a mission to revive application of the shocks the conscience test for a few years now. This is another one of those cases.
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Gabriel Malor
@gabrielmalor
The wrinkle is that the Obama administration litigated all of its ACA cases with the claim that the mandate was a critical piece of the ACA and inseverable. The Trump admin agrees, which puts us in this spot.
(I tend to think that where Congress is silent on severability, the Courts have no obligation to defer to DOJ's claims regarding severability.)
Anyway, my position on this has never changed: Obamacare was bad law, badly made, and badly litigated. Democrats fucked us over bad with it, and Republicans have no obligation to save it.
Read 4 tweets
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Gabriel Malor
@gabrielmalor
Two things. The next big question is whether further review is appropriate, and that takes the form of a request for panel rehearing or en banc rehearing, not an automatic jump to SCOTUS.

It is the role of gov't to defend public officials in the course of their jobs.
The whole "why are they even bothering to defend this?" thing is silly.

Whether public officials incidentally (even accidentally) create public forums by tweeting is an important issue. Of course it should be defended!
Ahem.
Read 3 tweets
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Gabriel Malor
@gabrielmalor
The important words for purposes of the non-prosecution deal (this is not a plea deal, c'mon guys, details!) are "in this District."

The deal was good for the Southern District of Florida and nowhere else.
Journalists, you're killin' me.

(1) It was a non-prosecution agreement, not a plea deal.
(2) Double jeopardy is not in play.
(3) Even if double jeopardy were implicated by a non-prosecution agreement (it isn't), the newly-charged conduct is different than the covered conduct.
(This is not that difficult.)
Read 3 tweets

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Baba97
@Baba9773
1) Boy oh boy are there many Politicians, Hollywood stars, Wall St. types etc. losing their minds this evening after seeing the following:

assets.documentcloud.org/documents/6184…

Within the 10-page memo (link above) some of the victim evidence seized by federal authorities from a locked safe
2) belonging to Epstein is documented.

Epstein is accused of sex trafficking, and apparently he kept records which included CD ROM’s of young women with other potential suspects and/or participants:

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Juha Keskinen
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Camino Mortera
@CaminoMortera
Today, @CER_EU publishes my piece on #Brexit and #JHA. I have been looking at this for 1,5 years so I hope I did not make too many mistakes (links to piece - cer.eu/publications/a… and opens thread)
At the outset of the #Brexit process, most people assumed that a deal on #police and #judicial co-operation was easier to get than one on #trade. Time has shown this is not the case. Ongoing co-op on #JHA is one of the few items yet to be agreed on #withdrawal deal. Why?
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William Zafra Velasco
@wmzafravelasco
(THREAD) Could police be classified as domestic terrorists? #BlueIsis #Corruption

Here is why we need massive reforms to our "justice" system. #ConstitutionFirst

2/ According to the Washington Post, 987 people were shot and killed by law enforcement last year alone.

3/ In total, 1,147 people were killed by law enforcement last year. 92% were killed by police shootings. Tasers, physical force, and police vehicles accounted for most other deaths.

policeviolencereport.org
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molly 🐶
@socialistdogmom
did some retro live tweeting today (aka i took notes). gonna dump 'em into a thread.
--- A12 related prelim. hearings for:
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charges against fields: malicious wounding (3), aggravated malicious wounding (3), felonious assault (2), felony hit & run [46.2-894], and FIRST degree murder. docket had it as 2nd, but these charges were newly amended to 1st. first 8 charges are related to 8 specific victims.
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