Monthly Archives: November 2017

Federal District Court Rules in Favor of Philadelphia in Sanctuary Jurisdiction Case

Congress created the Edward Byrne Justice Assistance Grants (Byrne JAG) in 2005 to provide “flexible” funding for state and local police departments. In April 2017 the Department of Justice (DOJ) required Philadelphia (and eight other jurisdictions) to provide documentation that it complies with 8 U.S.C. 1373, which prohibits states and local governments from restricting employees from sharing immigration status information with federal immigration officials.

Philadelphia sued Attorney General Jeff Sessions arguing that the City complies with 8 U.S.C. 1373. A federal district court in Philadelphia agreed and issued a preliminary injunction preventing Sessions from denying the City Byrne JAG grant funding. Continue reading

 

Supreme Court Accepts First Amendment Retaliatory Arrest Case

Lozman v. City of Riviera Beach is a double redux. The Supreme Court ruled on this case in 2013 on a maritime issue. The Court agreed to decide the issue this case presents in 2011, but ultimately failed to rule on it then.

What if a police officer arrests someone in retaliation for engaging in speech protected by the First Amendment but the officer also had probable cause to arrest that person for a different, legitimate reason? In Lozman v. City of Riviera Beach the Supreme Court will decide whether that person may sue the police officer for violating his or her First Amendment rights. Continue reading