by Williams Cedar, LLC | Jun 9, 2023 | Civil Rights Law
An attorney who was allegedly fired from her job as an adjunct professor at a New Jersey public university will be allowed to pursue her civil rights claims in federal court, despite a case related to the same circumstances ongoing before the New Jersey Civil Service Commission. This ruling, passed down by the Third Circuit Court of Appeals, says that the Younger abstention doctrine did not apply in the case, which can prevent someone from pursuing a claim in both state and federal court at the same time. However, due to the circumstances of the case, the Third Circuit ruled that Younger did not apply, allowing her to continue pursuing her claims in federal court.
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by Williams Cedar, LLC | May 3, 2023 | Civil Rights Law
Police officers are supposed to be responsible for maintaining public safety, investigating crimes, and apprehending criminals, all while respecting the rights of citizens. However, police officers will sometimes act in a manner unbecoming of their profession, resulting in unnecessary and avoidable harm. Here are six types of police misconduct you should watch out for if you ever have an interaction with law enforcement:
- Use of excessive force
- One of the most common forms of police misconduct comes from the use of excessive force. This is when an officer uses violent force to detain or restrain a suspect far beyond what is actually necessary, resulting in undue harm to the suspect. This can result in severe injuries, or in some cases, may even result in a suspect’s death, before they have even been formally charged with a crime.
- Racial profiling
- Another shockingly common form of police misconduct is the use of racial profiling. This is when a police officer specifically targets someone based on their apparent race or ethnicity, subjecting them to interrogation, search, seizure, or arrest. This can result in significant violations of someone’s civil and constitutional rights, and even put them in danger of prosecution for no reason.
- Witness tampering
- When people think of witness tampering, they may imagine corrupt lawyers or shady criminals trying to intimidate witnesses into silence. However, some police officers will exert their influence on witnesses as well, convincing them to testify in a certain way that is beneficial to them. This type of police misconduct can be used to further a legally shaky prosecution, or to prevent witnesses from reporting other types of misconduct.
- Unlawful search and seizure
- Police are prohibited from performing an unreasonable search and seizure without probable cause, according to the Fourth Amendment of the U.S. Constitution. However, police will sometimes conduct a search of a person’s belongings or residence without a valid reason, or even seize property without it actually being evidence of a crime. Even if you are not prosecuted, you can still have your privacy violated and your property taken by police.
- Coerced confessions
- When people are arrested and interrogated by the police, they can face extraordinary pressure to confess to a crime, regardless of whether they actually did anything wrong. When interrogators cannot get a confession through conventional means, they may resort to illegal methods, like denying access to food or water, or preventing someone from using the bathroom. This type of police misconduct is incredibly effective at coercing confessions, and may lead to a false prosecution.
- Malicious prosecution
- This type of police misconduct comes about when a police officer or prosecutor chooses to bring a criminal case despite a lack of evidence of a crime. Even if a case is ultimately thrown out, it can lead to substantial civil rights violations, lost income, and reputational damage. When a malicious prosecution results in a conviction or plea deal, the damage can potentially last a lifetime.
Williams Cedar is a law firm dedicated to helping clients with personal injury, environmental law, and civil rights cases. We specialize in assisting clients who have been injured due to exposure to environmental toxins, including veterans and their loved ones. If you need legal assistance due to toxic exposure or other related matters, please give us a call at our New Jersey and Pennsylvania offices at (215) 557-0099, or visit our contact page.
by Williams Cedar, LLC | Apr 11, 2023 | Personal Injury Law
April is National Distracted Driving Awareness Month
HADDONFIELD, NEW JERSEY — Gerald Williams and David Cedar, partners in Williams Cedar LLP, are announcing that April is National Distracted Driving Awareness Month and telling motorists that they should be aware of other drivers who are not paying attention to the road. If they are involved in a crash with a distracted driver, they should seek legal help immediately.
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by Williams Cedar, LLC | Apr 6, 2023 | Uncategorized, Product Liability Law
An article recently appeared in Law360 on Williams Cedar’s lawsuit against Unilever on behalf of a couple whose five-year-old daughter, who was immunocompromised, died after being exposed to toxic bacteria from Laundress cleaning products. To read the article, click here.
by Williams Cedar, LLC | Mar 29, 2023 | Product Liability Law
Two major recalls have been issued in the past few months for Laundress and Fabuloso cleaning products, due to bacterial contamination of their products. The bacteria found in these products is relatively harmless for healthy people, but can be potentially life-threatening to people with certain chronic health problems. Anyone who has these products should stop using them immediately, and if they suffer any negative health effects, should see a doctor as soon as possible.
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