Question: Can you sue a state in federal court for its violation of your constitutional rights? Answer: Not unless the state waives its immunity under the 11th Amendment. The 8th Amendment, which appl...
Does A Strip Search Violate a defendant’s 4th Amendment Rights?
Question: Does A Strip Search Violate a defendant’s 4th Amendment Rights? Answer: Not if A Lawful Arrest Has Been Made As Long As The Search Is Not Extreme or patently abusive. Indiana and federal c...
Can a party plead the 5th Amendment in a civil case and not answer certain questions?
Question: Can a party plead the 5th Amendment in a civil case and not answer certain questions? Answer: Yes, but that party does so at their peril. See below It is a bedrock principle of our criminal ...
How do courts determine if a police shooting of a suspect violated the suspect’s civil rights?
Question: How do courts determine if a police shooting of a suspect violated the suspect’s civil rights? Answer: Police shootings are judged from the totality of the circumstances. The test to see i...
How does the 14th amendment protect pretrial detainees?
Question: How does the 14th amendment protect pretrial detainees? Answer: Jail officials must not act with deliberate indifference to the needs of the prisoners. The 8th Amendment, applicable to the s...
Can judges be removed from the bench and suspended from the practice of law?
Question: Can judges be removed from the bench and suspended from the practice of law? Answer: Yes. “A judge shall respect and comply with the law and shall act at all times in a manner that pro...
Does A Gun Owner Have Liability When Gun Is Stolen
Question: Does A Gun Owner Have Liability When Gun Is Stolen & Is Used In A Crime? Answer: Pursuant to I.C. §34-30-20-1, a person is immune from civil liability based on an act or omission relate...
The Difference Between Criminal Intimidation & Harassment.
Question: What Is The Difference Between Criminal Intimidation & Harassment? Answer: Both Deal With Communications That Are Criminal, But They Differ On Intent. See Below. Rakiea McCaskill had a...
Can You Have A Felony Resulting In Bodily Injury Expunged?
Question: Can You Have A Felony Resulting In Bodily Injury Expunged From Your Criminal Record? Answer: No, But In This Case Yes! In 1997 the State charged Johnnie Trout with 4 counts that included c...
Does A Strip Search Violate The Defendant’s 4th Amendment Rights?
Question: Does A Strip Search Violate The Defendant’s 4th Amendment Rights? Answer: Not if A Lawful Arrest Has Been Made, Since Authorities May Conduct A Full Search Of The Arrestee For Weapons/Co...