Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Dara Kam | July 11, 2017
In a move that could affect thousands of Florida inmates, attorneys representing disabled prisoners and the Department of Corrections have settled a lawsuit accusing the state of discriminating against prisoners who are deaf, blind or confined to wheelchairs.
By B. Colby Hamilton | July 11, 2017
A group of Twitter users blocked by President Donald Trump are suing after a request to be unblocked on First Amendment grounds went unheeded.
By Martin A. Schwartz | July 10, 2017
In his Section 1983 Litigation column, Martin A. Schwartz writes that the U.S. Supreme Court recently overturned the Ninth Circuit's "provocation doctrine" on the ground that it was inconsistent with Fourth Amendment excessive force jurisprudence. The court held that whether officers who conduct an unconstitutional search are liable for injuries from their subsequent use of force depends upon the application of traditional proximate cause principles—but applying proximate causation in these circumstances is easier said than done.
By Law Journal Editorial Board | July 10, 2017
New Jersey presented a great lesson for the nation recently on censorship and First Amendment values.
By therecorder | The Recorder | July 7, 2017
C.A. 4th; G053126 The Fourth Appellate District affirmed in part and reversed in part a judgment. The court held that police officers did not have an…
By Andrew Denney | July 7, 2017
Lawyers for The New York Times came out swinging on Friday in Sarah Palin's defamation lawsuit against the paper over an editorial linking her to a mass shooting, arguing the former Alaska governor and vice presidential candidate could not show The Times acted with actual malice.
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By Joe Martini and James Glasser, Wiggin and Dana | July 7, 2017
The "act of production" doctrine gestated in the 1970s, when the absolute protection traditionally afforded "private books and papers" gave way to a more nuanced evaluation of whether the act of selecting and producing material, regardless of its content, could be construed as "testimonial" in nature.
By John Council | July 7, 2017
An Austin federal judge has dismissed a lawsuit filed by a white male lawyer who alleged the State Bar of Texas was following a "quota" system for appointing minority members to its board of directors after finding his case was mooted after the Texas Legislature changed the law.
By Harry Sandick and George LoBiondo | July 7, 2017
Harry Sandick and George LoBiondo write that in June, the Supreme Court granted certiorari in a case that will test whether the justices are again willing to break new ground in the cell phone privacy context. The court will decide whether the government needs a search warrant to obtain historical records of a suspect's cell phone location, or whether it may do so under the Stored Communication Act, which requires the government to show only that there are reasonable grounds to believe that the records are "relevant and material to an ongoing criminal investigation."
By Alan E. Sash | July 7, 2017
They teach us in school how the three branches of government in the Constitution check and balance one another. The Bill of Rights, however, has two other checks and balances in place: The First Amendment guarantees us the freedom of the press and the Sixth Amendment guarantees us the assistance of counsel in criminal prosecutions.
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