Tag Archives: Court

U.S. court rules Arkansas can block Planned Parenthood funding

U.S. court rules Arkansas can block Planned Parenthood funding

By Nate Raymond

(Reuters) – A U.S. appeals court on Wednesday reversed a ruling that prevented Arkansas from cutting off Medicaid funding to Planned Parenthood following the release of controversial videos secretly recorded by an anti-abortion group.

The 8th U.S. Circuit Court of Appeals in St. Louis reversed a ruling forbidding Arkansas from carrying through with Republican Governor Asa Hutchinson’s directive to suspend Medicaid reimbursements to a Planned Parenthood affiliate.

U.S. District Judge Kristine Baker in Little Rock had ruled in favor of three women who claimed Arkansas violated their rights under the federal Medicaid law to choose any qualified provider offering services they were seeking.

But by a 2-1 vote, a 8th Circuit said the provision of the Medicaid law the women relied on does not unambiguously create a federal right for individual patients that they could enforce in court.

U.S. Circuit Judge Steven Colloton wrote that the lack of such a right does not mean state officials have unlimited authority to terminate Medicaid providers.

“We conclude only that Congress did not unambiguously confer the particular right asserted by the patients in this case,” he wrote.

U.S. Circuit Judge Michael Melloy dissented, saying four other appeals courts have reached the opposite conclusion and found a private right of enforcement existed.

Raegan McDonald-Mosley, chief medical officer of Planned Parenthood Federation of America, in a statement said the fight “is not over.”

“We will do everything in our power to protect our patients’ access to birth control cancer screenings, and other lifesaving care,” McDonald-Mosley said.

Arkansas cut off funds for Planned Parenthood after the anti-abortion activist group Center for Medical Progress released videos in 2015 it claimed showed the group’s officials negotiating the sale of fetal body parts for profit.

Planned Parenthood has denied the allegation and says 13 states that investigated those claims have cleared it of wrongdoing.

Hutchinson, who was among Republican governors nationally who targeted the organization following those videos, welcomed Wednesday’s ruling.

“This is a substantial legal victory for the right of the state to determine whether Medicaid providers are acting in accordance with best practices and affirms the prerogative of the state to make reasoned judgments on the Medicaid program,” he said in a statement.

Planned Parenthood does not perform surgical abortions in Arkansas, which forbids public funding of abortions except in cases of rape or incest. But it provides other gynecological services as well as birth control and breast examinations.

(Reporting by Nate Raymond in Boston; Editing by David Gregorio)

New York congregation owns oldest U.S. synagogue, court rules

By Chris Kenning

(Reuters) – A federal appeals court on Wednesday ruled that a New York Jewish congregation is the rightful owner of the nation’s oldest synagogue, in Rhode Island, along with a set of bells worth millions.

The decision by the First Circuit Court of Appeals in Boston marks the latest turn in a long-running legal battle that began when members of the Touro Synagogue in Newport tried to sell a set of ritual bells, called rimonim, worth some $7.4 million.

New York’s Congregation Shearith Israel attempted to block the deal, citing an 18th century agreement that named it a trustee.

A lower court last year placed ownership of the synagogue with the Rhode Island congregation that worships there, Newport’s Congregation Jeshuat Israel. The appeals court reversed that decision citing previous agreements.

“We hold that the only reasonable conclusions to be drawn from them are that CSI (Congregation Shearith Israel) owns both the rimonim and the real property,” the ruling said.

Louis Solomon, an attorney for Shearith Israel, said in a statement he was gratified by the ruling.

“We will continue in our historic role and look forward to putting this unfortunate litigation behind us,” he said.

Gary Naftalis, a lawyer for the Rhode Island congregation, said he was disappointed by the ruling and was exploring legal options.

The historic building was consecrated in 1763, when the town had one of the largest Jewish populations in the American colonies, including many who had fled the Spanish Inquisition. It was vacated in 1776 when most of the city’s Jewish population fled at the start of the Revolutionary War.

Members of the synagogue at that time shipped a pair of valuable silver bells used in rituals to the New York synagogue, and asked its leaders to act as trustees for the vacant temple. Worshippers returned by the 1870s and the New York group’s influence waned.

Shearith sued Newport’s Congregation Jeshuat Israel when it learned the Rhode Island group had reached a deal to sell the bells to Boston’s Museum of Fine Arts. The Touro congregation had planned to use the funds to create a reserve to pay for maintenance of the building, after its finances were hard hit by the 2008 credit crisis.

The New York congregation also claimed ownership of the bells and charged that the Newport group was violating Jewish tradition by selling ritual objects.

(Reporting by Chris Kenning; Editing by Dan Whitcomb, Cynthia Osterman and Michael Perry)

Survivors of Texas truck where 10 immigrants died seek to trade testimony for visas

Police officers work on a crime scene after eight people believed to be illegal immigrants being smuggled into the United States were found dead inside a sweltering 18-wheeler trailer parked behind a Walmart store in San Antonio, Texas, U.S. July 23, 2017. REUTERS/Ray Whitehouse

By Jon Herskovitz and Mica Rosenberg

AUSTIN, Texas/NEW YORK (Reuters) – Some of the illegal immigrants who survived a deadly human-smuggling journey into Texas are seeking visas to stay in the United States in exchange for testimony against those responsible for an operation that killed 10 people on a sweltering truck, a lawyer said on Tuesday.

There is precedent for such visas and it could help U.S. authorities bring more people to justice, experts said. So far, only one person has been charged, the driver of the truck who said he was unaware of the human cargo aboard until he took a rest stop in San Antonio. He could face the death penalty if convicted.

The case could also provide a test for the administration of U.S. President Donald Trump, which has promised to crack down on illegal immigration and the criminal syndicates responsible for human trafficking.

Silvia Mintz, an attorney representing the Guatemalan Consulate in Houston, said she has contacted the U.S. Department of Homeland Security to see if it would consider granting “U visas,” available to victims of crimes such as human trafficking who have pertinent information to provide law enforcement.

At least 100 illegal immigrants, mainly from Mexico and Guatemala, were crammed into the back of the truck after crossing the U.S. border.

“If we are able to establish the case, we will go ahead and seek the U visa,” Mintz said in a telephone interview.

Shane Folden, special agent in charge for Homeland Security Investigations in San Antonio, said most of the people found alive at the scene are still in local hospitals. He said it was too early to talk about possible visas.

“There are a number of paths toward immigration relief for situations such as this,” he said in a telephone interview, adding, “we are not at that point yet.”

Of the 39 people found at the scene, 10 have died, 22 were in hospitals and seven have been released and were being questioned, he said.

Most of those aboard the truck fled before authorities could capture them.

DEATH IN VICTORIA

U.S. law enforcement has granted temporary visas previously for immigrants who provided testimony in what is considered the worst illegal immigrant-smuggling case in U.S. history, when 19 people died after traveling in an 18-wheeler truck through Victoria, Texas, in 2003.

Temporary visas for about 40 people aboard that truck helped U.S. prosecutors charge more than a dozen people with conspiracy in the case, prosecutors said at the time.

Alonzo Pena, a former deputy director of Immigration and Customs Enforcement, said witnesses in the San Antonio case can be released into the community under strict conditions that could include wearing electronic monitoring devices.

Authorities would likely repatriate the others, said Pena, who runs a San Antonio consulting business, in a telephone interview.

A U-visa is valid for four years and offers a path to apply for permanent residency status. Congress limited the number to 10,000 a year, and the program is heavily oversubscribed.

Those on the truck may also try for a T-visa for victims of human trafficking.

Agent Folden said U.S. authorities want to topple the criminal groups responsible for human trafficking.

“Our primary goal is to disrupt and dismantle these organizations,” he said.

(Additional reporting by Jim Forysth in San Antonio and Reade Levinson in New York; Editing by Frank McGurty and Lisa Shumaker)

Man pleads guilty in failed plot to bomb Colorado police station

By Keith Coffman

DENVER (Reuters) – A man who prosecutors say planted a bomb outside a small-town Colorado police station to avenge a friend’s murder nearly a half-century ago pleaded guilty on Tuesday to federal charges that could send him to prison for the rest of his life.

David Michael Ansberry, 65, pleaded guilty in U.S District Court in Denver to attempted use of a weapon of mass destruction in connection with the botched bombing of the Nederland, Colorado, police station, a spokesman for acting U.S. Attorney Robert Troyer said.

The improvised explosive device failed to go off despite multiple attempts by Ansberry to detonate it with a cellphone, according to an FBI arrest warrant affidavit.

According to a memorandum prosecutors filed before the hearing, Ansberry belonged to a nomadic group of hippies called “Serenity, Tranquility and Peace,” or STP.

The itinerant group had a presence in Nederland, a mountain community about 15 miles west of Boulder, in the late 1960s and early 1970s. One of STP’s members, Guy Goughnor, was slain there in the summer of 1971.

“The Nederland town marshal, Renner Forbes, eventually confessed to killing Goughnor and was convicted for that crime in 1998,” federal prosecutors wrote in court documents. Forbes has since died.

In October 2016, a Nederland police officer discovered the bomb in a backpack, prompting the evacuation of the police station and nearby buildings before explosives experts disarmed the device.

Goughnor went by the nickname “Deputy Dawg” and a message was scrawled at the attempted bombing scene which read, “RIP Deputy Dawg and the date 7-17-71,” prosecutors said.

Authorities said Ansberry had harbored a grudge for more than four decades and traveled from California to Idaho, where he purchased bomb making components before arriving in Colorado.

Detectives were led to Ansberry after tracing the purchase of cellphones to a Colorado grocery store where security cameras captured images of Ansberry. He was easily identified by his diminutive 3-foot, 6-inch stature.

Federal agents arrested Ansberry at Midway Airport in Chicago as he was preparing to catch a flight to Baltimore, and returned him to Colorado.

Ansberry’s public defenders did not immediately respond to a message seeking comment, but the Denver Post reported that during Tuesday’s hearing, Ansberry said he pleaded guilty to avoid additional charges.

He faces up to life in prison and a maximum $250,000 fine when he is sentenced in November.

(Reporting by Keith Coffman in Denver; Editing by Dan Whitcomb and Jonathan Oatis)

U.S. attorney general says to hire 300 prosecutors to fight crime

U.S. Attorney General Jeff Sessions delivers opening remarks at the Justice Department's 2017 Hate Crimes Summit in Washington, U.S., June 29, 2017. REUTERS/James Lawler Duggan

(Reuters) – U.S. Attorney General Jeff Sessions said on Wednesday the Justice Department plans to hire 300 additional assistant U.S. attorneys to help fight a recent national increase in crime, including a focus on transnational gangs such as MS-13.

“As you all know, we have a multi-front battle in front of us right now: an increase in violent crime, vicious gangs, an opioid epidemic, threats from terrorism and human traffickers,” Sessions said in a speech in Las Vegas.

Referring to so-called sanctuary cities, Sessions said one problem is the refusal of 300 U.S. jurisdictions to hand over illegal immigrants who commit crimes to federal immigration authorities. “These jurisdictions are protecting criminals rather than their law-abiding residents,” he said.

Sessions noted the U.S. murder rate had risen 10 percent nationwide in just one year, marking the largest increase since 1968. The increase was from 2014 to 2015, the latest figures available. Murder and crime rates generally in the United States have fallen over the last several decades.

President Donald Trump had made the restoration of law and order one of the planks of his election campaign.

(Reporting by Eric Walsh; Editing by Bernadette Baum)

Black Lives Matter leaders sued over Baton Rouge police shooting

An East Baton Rouge Sheriff vehicle is seen with bullet holes in its windows near the scene where police officers were shot, in Baton Rouge, Louisiana, U.S. July 17, 2016. REUTERS/Jonathan Bachman

(Reuters) – A police officer wounded in a shooting rampage in Baton Rouge, Louisiana, last year that left three officers dead sued Black Lives Matter movement leaders on Friday, accusing them of inciting violence that spurred the attack.

The lawsuit filed in a U.S. district court in Louisiana named DeRay McKesson and four other Black Lives Matter leaders as defendants and sought at least $75,000 in damages.

It came on the one-year anniversary of one of the deadliest days in modern U.S. history for law enforcement. On July 7, 2016, a black man angered by what he saw as deadly racial bias in U.S. policing launched a downtown Dallas sniper attack, killing five officers deployed at a protest decrying police shootings of black men.

McKesson was not immediately available for comment and Black Lives Matter leaders have denied accusations that their movement promotes violence against police.

About 10 days after the Dallas shooting, a decorated ex-U.S. Marine sergeant opened fire on police in Baton Rouge, killing three officers.

Baton Rouge had been hit by waves of protests after two police officers earlier that month killed a black man, Alton Sterling, under questionable circumstances. The incident was caught on video and sparked national debate.

The officer wounded in Baton Rouge, who was not named in the lawsuit, was shot by “a person violently protesting against police, and which violence was caused or contributed to by the leaders of and by ‘BLACK LIVES MATTER’,” the filing said.

Gavin Long, the black gunman who killed the Baton Rouge officers and was later shot dead, identified himself as a member of an African-American offshoot of the anti-government, mostly white Sovereign Citizen Movement, documents showed.

Last year, McKesson and two other activists sued the Baton Rouge police department and other officials over the arrests of nearly 200 demonstrators during mostly peaceful protests over police killings.

(Reporting by Jon Herskovitz in Austin, Texas and Bryn Stole in Baton Rouge, Louisiana; Editing by Andrew Hay)

Florida ‘Stand Your Ground’ law revisions unconstitutional, judge rules

By Letitia Stein

TAMPA, Fla. (Reuters) – A Florida state court judge ruled on Monday that recent changes to the state’s “stand your ground” law are unconstitutional, finding that legislators overstepped when making it easier for defendants to argue self-defense to obtain immunity for violent acts.

Miami-Dade Circuit Court Judge Milton Hirsch said courts, not lawmakers, should set the process by which defendants can claim they were protecting themselves with an act of violence, according to the ruling posted online by the Miami Herald.

The revision shifted the burden of proof during pretrial hearings to prosecutors, rather than defendants, to show whether force was used lawfully. Supporters saw the changes backed by the National Rifle Association, the powerful U.S. gun lobby, as bolstering civilians’ rights to protect themselves.

Advocates predicted the ruling would be reversed on appeal.

“It is the role of the legislature to write the laws that govern how Floridians may exercise their statutory and constitutional rights,” Richard Corcoran, the Republican speaker of the House of Representatives, said in a statement. “The Florida House will continue to stand with ordinary citizens who exercise their right to self-defense.”

Florida’s “stand your ground” law, passed in 2005, received wide scrutiny and inspired similar laws in other states. It removed the legal responsibility to retreat from a dangerous situation and allowed the use of deadly force when a person felt greatly threatened.

This spring’s changes were adopted over outcry that gun owners could be emboldened to shoot first.

Critics cited the 2012 death of unarmed black teenager Trayvon Martin in the Orlando area, which spurred national protests and the Black Lives Matter movement. The neighborhood watchman who killed him, George Zimmerman, was acquitted of murder after the law was included in jury instructions.

Monday’s ruling in Miami circuit court is not binding on other state trial courts, the Miami Herald reported.

(Reporting by Letitia Stein; Editing by David Gregorio)

Facebook beats privacy lawsuit in U.S. over user tracking

The Facebook logo is displayed on their website

By Jonathan Stempel

(Reuters) – A U.S. judge has dismissed nationwide litigation accusing Facebook Inc of tracking users’ internet activity even after they logged out of the social media website.

In a decision late on Friday, U.S. District Judge Edward Davila in San Jose, California said the plaintiffs failed to show they had a reasonable expectation of privacy, or that they suffered any “realistic” economic harm or loss.

The plaintiffs claimed that Facebook violated federal and California privacy and wiretapping laws by storing cookies on their browsers that tracked when they visited outside websites containing Facebook “like” buttons.

But the judge said the plaintiffs could have taken steps to keep their browsing histories private, and failed to show that Menlo Park, California-based Facebook illegally “intercepted” or eavesdropped on their communications.

“The fact that a user’s web browser automatically sends the same information to both parties,” meaning Facebook and an outside website, “does not establish that one party intercepted the user’s communication with the other,” Davila wrote.

Lawyers for the plaintiffs did not immediately respond on Monday to requests for comment. Facebook did not immediately respond to a similar request.

Davila said the plaintiffs cannot bring their privacy and wiretapping claims again, but can try to pursue a breach of contract claim again. He had dismissed an earlier version of the 5-1/2-year-old case in October 2015.

The case is In re: Facebook Internet Tracking Litigation, U.S. District Court, Northern District of California, No. 12-md-02314.

 

(Reporting by Jonathan Stempel in New York; Editing by Bill Rigby)

 

Sarah Palin sues New York Times for defamation

FILE PHOTO - Sarah Palin speaks at the Western Conservative Summit in Denver, Colorado, U.S., July 1, 2016. REUTERS/Rick Wilking

By Riham Alkousaa

NEW YORK (Reuters) – Former vice presidential candidate Sarah Palin has sued the New York Times for defamation because of an editorial that linked her rhetoric to a 2011 shooting that killed six people and seriously wounded a U.S. congresswoman.

The lawsuit filed in U.S. District Court for the Southern District of New York on Tuesday said the Times deliberately “acted with actual malice” toward Palin and that the editorial was “false and defamatory.” It claims the Times violated its policies and procedures.

Palin, the former Alaska governor was Republican presidential candidate John McCain’s running mate in an unsuccessful 2008 campaign, is seeking in excess of $75,000 for compensatory, special and punitive damages.

On June 14 the Times published an editorial commenting on the mass shooting at a Virginia baseball field that injured four people, including Republican Representative Steve Scalise, saying the attack was probably evidence of how vicious American politics has become.

The editorial board then recalled a shooting in Arizona in 2011 that targeted U.S. Representative Gabrielle Giffords and killed six people.

“Before the shooting, Sarah Palin’s political action committee circulated a map of targeted electoral districts that put Ms. Giffords and 19 other Democrats under stylized cross hairs,” the editorial said.

The newspaper issued a correction saying the editorial “incorrectly stated that a link existed between political rhetoric” and the Giffords shooting. It also corrected its description of the map, saying it depicted electoral districts, not Giffords and individual Democratic lawmakers, beneath cross hairs.

The lawsuit called the corrections insufficient and said Palin wanted the Times to remove the article from the newspaper’s website, where it still appears with the amended correction.

“We will defend against any claim vigorously,” the Times said in a statement on Wednesday.

Theodore Boutrous, a Los Angeles lawyer and constitutional law expert, said Palin was unlikely to succeed because she is a public figure.

“The First Amendment protects newspapers and others in terms of speaking out and writing and expressing opinions on important and public issues and that’s what The New York Times was doing,” Boutrous said.

(Reporting By Riham Alkousaa; Editing by Daniel Trotta and Bill Trott)

Suspect in Michigan airport stabbing to make court appearance

By Steve Friess

FLINT, Mich. (Reuters) – A man charged with stabbing an airport police officer in an attack federal investigators are probing as an act of terrorism is expected to appear in a Michigan federal court on Wednesday.

Amor Ftouhi, 49, of Quebec, Canada, was charged in federal court with violence at an international airport for stabbing officer Jeff Neville at the Bishop International Airport in Flint on June 21. Neville underwent surgery and has left the hospital, local media reported.

Ftouhi, originally from Tunisia and who holds dual Tunisian-Canadian citizenship, is expected to appear before U.S. Magistrate Judge Stephanie Dawkins Davis at the federal courthouse in Flint on Wednesday morning.

Ftouhi legally entered the United States from Lake Champlain, New York, on June 16 before making his way to Flint, the Federal Bureau of Investigation said. Officials said Ftouhi targeted a city with an international airport, but declined to say why Flint was chosen.

Ftouhi, who was not on the radar of U.S. or Canadian authorities before the attack, was in Michigan as early as June 18, the FBI said. U.S. and Canadian investigators are probing his travel before the attack.

According to the criminal complaint, Ftouhi yelled in Arabic “Allahu akbar” (God is greatest) before stabbing Neville.

He also said something to the effect of “You have killed people in Syria, Iraq and Afghanistan, and we are all going to die,” the complaint said.

Ftouhi attempted to buy a gun before the attack, but was unable to do so, the FBI said.

FBI officials declined to provide details on where Ftouhi attempted to buy the gun or what type of gun he tried to purchase. The 12-inch, serrated knife Ftouhi used in the attack was bought in the United States.

(Additional reporting and writing by Timothy Mclaughlin in Chicago; Editing by Andrew Hay)