subpoenas – Overlawyered

Targets of fake subpoenas can sue Louisiana D.A., underlings

Walter Olson — Thu, 30 Apr 2020 04:05:04 +0000

“A federal appellate court … ruled that a Louisiana district attorney and several prosecutors in his office violated the law by using fake ‘subpoenas’ to pressure the victims and witnesses of crimes to meet with them, finding that the attorneys were not entitled to “absolute immunity” from legal liability.” [Jerry Lambe, Law and Crime; earlier (“Even though the subpoenas were unlawful, he really did jail people who didn’t obey them.”)]

Tags: Louisiana, prosecutorial abuse, subpoenas

Targets of fake subpoenas can sue Louisiana D.A., underlings is a post from Overlawyered - Chronicling the high cost of our legal system

Louisiana: a remedy for fake subpoenas?

Walter Olson — Tue, 11 Feb 2020 05:05:45 +0000

The district attorney in Orleans Parish, Louisiana, which includes the city of New Orleans, pressured witnesses and crime victims into cooperating through the use of fake “subpoenas” warning them of fines or jail time for nonappearance. “The documents were neither authorized by a judge nor issued by a county clerk…. Cannizzaro’s office was producing them itself. Worse yet: Even though the subpoenas were unlawful, he really did jail people who didn’t obey them.” Can they sue him? [Zuri Davis, Reason]

Tags: Louisiana, prosecutorial abuse, subpoenas

Louisiana: a remedy for fake subpoenas? is a post from Overlawyered - Chronicling the high cost of our legal system

October 16 roundup

Walter Olson — Wed, 16 Oct 2019 10:01:49 +0000

“Lawyer says it ‘would be an honor’ to be disbarred; disciplinary board aims to oblige” [ABA Journal, Lowering the Bar]
In the mail: Jacob Grier’s new book The Rediscovery of Tobacco: Smoking, Vaping, and the Creative Destruction of the Cigarette [more from author, Mark Fogerson/Portland Monthly, John Locke Foundation podcast with Grier and Mitch Kokai] And: Cato video;
Re: House subpoenas aimed at the Trump administration, colleague Ilya Shapiro wrote this comprehensive pre-game report [last December for the Washington Examiner]
NBC might not have picked the ideal poster inmate to showcase the problem of long-term sentencing of nonviolent drug offenders [Kent Scheidegger via Volokh]
Profile of police brutality/civil rights plaintiff’s lawyer Benjamin Crump [John H. Richardson, New York magazine]
Conservative Tennessee lawmaker introduces bill to provide instructions for jury nullification in acquittal direction only [Scott Greenfield in February]

Tags: don't, jury nullification, police, subpoenas, tobacco, U.S. House of Representatives

October 16 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

DoJ subpoenas Twitter accounts that were tweeted at

Walter Olson — Sun, 29 Oct 2017 15:58:30 +0000

This one is weird: “Because Shafer Tweeted a smiley emoji at us, the DOJ wants identifying information on our accounts since creation. It’s a bit…overbroad.” [Keith Lee/Associates Mind, Ken at Popehat, Mike Masnick/TechDirt]

Tags: subpoenas, Twitter

DoJ subpoenas Twitter accounts that were tweeted at is a post from Overlawyered - Chronicling the high cost of our legal system

August 30 roundup

Walter Olson — Wed, 30 Aug 2017 10:02:07 +0000

Elected-official governance of how state university law centers sue local governments = “interference”? [J. Clara Chan, Chronicle of Higher Education; Jane Stancill, News and Observer; Ana Irizarry, UNC Daily Tarheel; James G. Martin Center for Academic Renewal, Jesse Saffron, Alex Contarino, Frank Pray]
Zen Magnets update: “How One Man’s Quest To Save His Magnets Became A Massive Regulatory Battle” [Jeremy Kutner, Huffington Post, earlier]
“The solar eclipse is no longer mysterious, supernatural, foreboding, or ominous.” Or cause to delay a trial [court order in U.S. v. Bishop, M.D. Fla.]
Trump vs. business: “His recurring message is that any executive who doesn’t do as Trump wishes can expect retribution from the most powerful man on earth.” [Steve Chapman, Chicago Tribune/syndicated]
Wales: “Mute and autistic girl was seized from family and locked up after false abuse claims” [Lucy Johnston, Express] On “facilitated communication” and the like, see earlier posts here and here;
California bill would extend pre-litigation subpoena power, a powerful tool in inflicting cost and loss of privacy on targets, from current holders (state AG, county DAs) to city attorneys in San Francisco, L.A., San Diego, and San Jose [Civil Justice Association of California Bulletin; Amanda Robert, Legal NewsLine]

Tags: Buckyballs, California, child abuse, Donald Trump, law schools, North Carolina, subpoenas

August 30 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Media law roundup

Walter Olson — Thu, 06 Jul 2017 09:59:52 +0000

More on broad “right of publicity” bill in New York legislature [Jonathan Peters, Columbia Journalism Review; earlier]
“Court Orders Man Who Sued News Orgs For Clipping His Facebook Video To Pay Everyone’s Attorney’s Fees” [Timothy Geigner, TechDirt]
ABC settles “pink slime” defamation lawsuit on undisclosed terms [AP, earlier]
“Power Line” blogger attends media reception at White House, finds notes subpoenaed by travel ban challengers [Scott Johnson, City Journal]
“Europe serves as a warning against Sarah Palin and Trump’s libel law crusade” [Tom Rogan, Washington Examiner]
Litigation consequences of scripted hookups on reality TV: last paragraph is especially surreal [James Callenberger, Vulture]

Tags: libel slander and defamation, movies film and videos, right of publicity, subpoenas

Media law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Orleans Parish prosecutors are using fake subpoenas”

Walter Olson — Fri, 28 Apr 2017 04:05:15 +0000

Seems incredible: the district attorney’s office in the county-equivalent that includes New Orleans sends out bogus subpoenas not actually cleared with a judge ordering witnesses to appear for investigations. A spokesman says it’s been done for decades. Following press inquiries, “the District Attorney’s Office has said the practice will end.” [The Lens (New Orleans)]

Tags: Louisiana, New Orleans, prosecution, subpoenas

“Orleans Parish prosecutors are using fake subpoenas” is a post from Overlawyered - Chronicling the high cost of our legal system

Police roundup

Walter Olson — Tue, 21 Mar 2017 04:05:47 +0000

Investigation of problems with no-knock “dynamic entry” police raids [Kevin Sack, New York Times; cf. Radley Balko’s work] But her living room furniture was just sitting there! Why shouldn’t we take it? [C.J. Ciaramella on Mississippi case]
Minnesota judge approves (which doesn’t mean Google will go along with) police demand for all search records on a certain name from any and all users in town of Edina [Mike Mullen, City Pages]
“The L.A. County sheriff wants to release names of 300 deputies with histories of misconduct. He can’t.” [Jessica Pishko, Slate; Tim Cushing, TechDirt (list is of cops considered highly impeachable in court testimony)]
Just catching up with this still-relevant Joshua Muravchik critique of Black Lives Matter [Commentary]
Feds indict seven members of elite Baltimore police gun trace task force on racketeering charges; underlying predicates include robbery, swearing out false search warrants, false overtime claims (“one hour can be eight hours.”) [U.S. Department of Justice, Baltimore Sun, Washington Post]
“New Orleans Police Chief Says He Needs to Hire and Fire Commanders at Will to Protect Reforms” [Ed Krayewski]

Tags: Baltimore, employment at will, Fourth Amendment, guns, Los Angeles, Minnesota, Mississippi, New Orleans, police, police bill of rights laws, police unions, search engines, subpoenas

Police roundup is a post from Overlawyered - Chronicling the high cost of our legal system

January 18 roundup

Walter Olson — Wed, 18 Jan 2017 10:59:40 +0000

Another day, another lawsuit charging a social media company with material support for terrorism. This time it’s Twitter and IS attacks in Paris, Brussels [Benjamin Wittes, Lawfare; Tim Cushing, Techdirt] More: And yet another (Dallas police officer versus Twitter, Facebook, and Google; listed as one of the filing attorneys is 1-800-LAW-FIRM, no kidding, complaint h/t Eric Goldman);
“Woman Sues Chipotle for $2 Billion for Using a Photo of Her Without Consent” [Petapixel]
“Hot-Yoga Guy and His Cars Are Missing” [Lowering the Bar, earlier]
From Backpage.com to unpopular climate advocacy, state attorneys general use subpoena power to punish and chill [Ilya Shapiro]
Dept. of awful ideas: California assemblyman proposes registry of hate crime offenders [Scott Shackford]
But oh, so worth it otherwise: “Not one Kansas state senator is a lawyer, making compliance with obscure statute impossible” [ABA Journal]

Tags: Dallas, hate crimes, Kansas, lawyers, photography, sex offender registries, social media, subpoenas, terrorism, third party liability for crime, Twitter

January 18 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Mon, 18 Jul 2016 04:05:32 +0000

Subpoena turnabout not fair play: Congressional Republicans investigating state AGs’ climate advocacy probe are lobbing subpoenas at private enviro groups that urged the anti-speech campaign. Knock it off, two wrongs don’t make right [Eli Lehrer and earlier] “You don’t need complicated models to figure out what happens when governments censor speech. The evidence on that question is solid.” [Steve Simpson]
And speaking of fraud in policy advocacy (whatever that may mean) some varieties of it are plainly going to have no legal consequences whatsoever [Matt Welch channeling Virginia Postrel on California political class and high-speed rail]
Michigan attorney general Bill Schuette says 40 anti-pipeline activists gathered and beat on the front door of his home for 30 minutes with his wife alone there [Detroit News]
Pro-nuclear demonstrators blockade Greenpeace office in San Francisco, but wouldn’t the ultimate way to protest an odious environmental group be to respect the property rights of all concerned? [SFist]
“It’s a shotgun approach”: injury lawyers find many defendants to blame after Flint public water fiasco [NPR via Renee Krake, Legal Ethics Forum]
“District court voids Obama administration fracking regulations” [Jonathan Adler, Alden Abbott]

Tags: are you feeling protected?, California, climate deniers to the wall, environment, Michigan, oil industry, subpoenas

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system