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Lawsuit Over Idaho's Mental Health Care for Kids Revived
Court Watch | 2011/08/22 10:29
A federal appeals court has revived a decades-old lawsuit against the state of Idaho over claims of substandard children's mental health care.

The case began in 1980 when a little boy known only as Jeff D. brought a class-action lawsuit against the state for institutionalizing mentally ill children instead of providing care for them. In Wednesday's ruling, the 9th U.S. Circuit Court of Appeals said the lower court must consider whether the state was meeting the larger goals of providing community-based mental health care to indigent children with severe emotional and mental disabilities.

Idaho Deputy Attorney General Michael Gilmore said he couldn't immediately comment on the ruling because his office was still reviewing it. The attorney representing Jeff D. said the ruling was a vindication for children with severe emotional disturbances and their families.







Whitey Bulger's girlfriend pleads not guilty
Court Watch | 2011/08/18 09:26
The longtime girlfriend of reputed Boston crime boss James "Whitey" Bulger pleaded not guilty Thursday to helping him elude authorities during his 16 years as a fugitive.

Catherine Greig, 60, entered her plea in a brief appearance in federal court in Boston that lasted less than five minutes. She also waived a reading of the indictment.

Greig was indicted last week on a charge of conspiracy to harbor and conceal a fugitive, a crime that carries a maximum sentence of five years. Greig has been jailed since she and Bulger were captured in June in Santa Monica, Calif. Bulger has pleaded not guilty to participating in 19 murders.

Prosecutors say Greig actively helped Bulger escape capture, but her attorney says she's a subservient woman who wasn't aware of the extent of Bulger's alleged crimes when she fled with him.

On Thursday, Greig smiled at her twin sister when she entered the courtroom. She did not speak during the hearing, except to tell the judge she understood the charges against her and was ready to enter her plea.

After the hearing, Greig's attorney Kevin Reddington was asked if Greig was cooperating with authorities against Bulger.



EEOC sues, argues man on treatment should be hired
Court Watch | 2011/08/17 09:24
The U.S. Equal Employment Opportunity Commission has sued a national insurance company, contending the firm violated federal law by refusing to hire a North Carolina man after he disclosed he was participating in a methadone treatment program for a drug addiction.

The suit was filed Tuesday in U.S. District Court in Raleigh against United Insurance Co. of America, said EEOC attorney Lynette Barnes.

The complaint argues the firm violated federal disability discrimination law by refusing to hire Craig Burns, 30, who applied for a job in the firm's Raleigh office in December of 2009. The firm made a conditional offer of employment to Burns the following month, depending upon his passing a drug test, the complaint said.

The test showed the presence of methadone in his system, so Burns submitted a letter to the firm from his treatment provider saying he was participating in a supervised methadone treatment program and taking legally prescribed medication as part of the treatment, the complaint said.

Upon receiving this information, United Insurance notified Barnes he was not eligible to be hired and withdrew the employment offer, the complaint said.

Barnes said the action violates the Americans With Disabilities Act, which protects employees and applicants from discrimination based on their disabilities. A recovering drug addict is covered under the act, the attorney said in an interview.


Lawyer: NJ student didn't mean to spy on roommate
Court Watch | 2011/08/11 10:33
A lawyer for a former Rutgers University student accused of using a webcam to spy on his roommate's intimate encounter with another man says in newly filed legal papers that prosecutors got it all wrong and that the case should be dropped.

Nineteen-year-old Dharun Ravi faces charges, including bias intimidation and invasion of privacy, in the case that's been linked to roommate Tyler Clementi's death last September when he jumped off the George Washington Bridge.

Clementi's suicide sparked a national discussion about bullying and gay youth that prompted celebrities, senators and President Barack Obama to speak out.

But defense lawyer Steven Altman said in a brief filed Wednesday that his client was not spying on Clementi. Altman said Ravi initially turned on his webcam from a friend's computer to see what was going on in the dorm room because he was concerned about whether the man Clementi had over might steal Ravi's iPad. He stopped watching "two seconds" after seeing the men kissing, Altman said.

Altman provided text messages that he said Ravi sent Clementi on Sept. 22 - about the time the 18-year-old violinist from Ridgewood was on the suspension bridge crossing the Hudson River.

"I turned on my camera and saw you in the corner of the screen and I immediately closed it. I felt uncomfortable and guilty of what happened," the message said. "Obviously I told people what occurred so they could give me advice. Then Tuesday when you requested the room again I wanted to make sure what happened Sunday wouldn't happen again ... I turned my camera away and put my computer to sleep so even if anyone tried it wouldn't work. I wanted to make amends for Sunday night. I'm sorry if you heard something distorted and disturbing but I assure you all my actions were good natured."

Another said, in part: "I've known you were gay and I have no problem with it."

Altman argued in the brief that prosecutors did not present evidence that Ravi would have broken the law by using a webcam to monitor what was happening in the dorm room he shared with Clementi, that he actually viewed any sexual images from his webcam, that he copied or distributed them, or that he deleted Twitter posts about what was on the webcam to hide evidence from investigators.



Ariz. governor on deadline for immigration appeal
Court Watch | 2011/08/10 08:58
Arizona Gov. Jan Brewer faces a Wednesday deadline for asking the U.S. Supreme Court to accept her appeal of a ruling that put on hold key parts of the state's immigration enforcement law.

The Republican governor lost her first attempt to throw out a district court's decision that blocks, among other portions of the law, a provision requiring police, while enforcing other laws, to question the immigration status of those they suspect are in the country illegally, when a three-judge panel of the 9th Circuit Court of Appeals rejected her motion in April.

Brewer vowed three months ago to take her argument before the nation's highest court, which has discretion on whether to hear her case.

The 9th Circuit said the federal government is likely to be able to prove the law is unconstitutional and likely to succeed in its argument that Congress has given the federal government sole authority to enforce immigration laws.

Brewer's lawyers have argued that the federal government hasn't effectively enforced immigration law and that the state's intent in passing its own regulations was to assist federal authorities, as Congress has encouraged.

They also have argued the district court judge erred by accepting speculation by the federal government that the law might burden legal immigrants and by concluding the federal government would likely prevail.



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