Latest news with #constitutionalrights
Yahoo
26-05-2025
- Politics
- Yahoo
Quebec Superior Court Renders Historic Judgment, Condemning the Attorney General of Quebec to pay $164 Million
MONTREAL, May 25, 2025 /CNW/ - Kugler Kandestin is proud to announce that the Quebec Superior Court has maintained a class action instituted on behalf of approximately 24,000 individuals whose constitutional rights were knowingly violated by the Quebec government. The Judgment awards $7,000 in compensation to individuals who were arrested and illegally detained for longer than the maximum delay permitted by law prior to appearing before a Justice of the Peace. The Criminal Code requires governments throughout the country to ensure that individuals who are arrested are not detained for more than 24 hours before appearing in Court. This rule safeguards the right to liberty and the presumption of innocence, two fundamental rights guaranteed to everyone by the Quebec and Canadian Charters. From 2015 - 2020, the Quebec government failed to allow appearances on Sundays or on statutory holidays, with full knowledge that such a system would result in illegal detentions and in the violation of the fundamental rights of thousands of Quebecers. "This judgment marks a long-overdue recognition of the harm suffered by thousands of marginalized individuals," said attorneys Robert Kugler, Alexandre Brosseau-Wery, and Eva Richard, who were part of the team that led the case, along with Jean-François Benoit and Sophie-Anne Décarie, who are all honoured to have played a role in securing long-awaited justice for so many. For more information on the class action, please contact one of the lawyers : Sophie-Anne Décariemedecarie@ Benoîtjfb@ Robert Kuglerrkugler@ Brosseau-Weryawery@ Éva Richarderichard@ For class members, please call Kugler Kandestin, attorneys, at 514-878-2861 and ask for the extension for the Makoma class action. SOURCE Kugler Kandestin View original content to download multimedia:
Yahoo
24-05-2025
- Yahoo
Lawsuit filed against Augusta County Sheriff Donald Smith seeks $5.3 million
A former Augusta County deputy is suing Sheriff Donald Smith in federal court for $5.35 million amid allegations he created a hostile work environment, violated the former employee's constitutional rights and sent him numerous text messages, some of which were allegedly sexually charged. The lawsuit was filed by Dennis B. Reynolds, who worked at the Augusta County Sheriff's Office as a deputy and K-9 handler from 2016 to 2023. "The violations are especially concerning because they were committed by an elected Sheriff who swore an oath to uphold the law but instead weaponized his official authority to retaliate against a subordinate seeking legally protected accommodation," the lawsuit states. Smith said he could not comment on the lawsuit. During Reynolds' time at the sheriff's office, the lawsuit says he and Smith exchanged more than 1,100 texts over 107 conversations, with almost 70 percent of them initiated by Smith. "The volume and content of these messages demonstrates the unusual nature of this supervisor-subordinate relationship," says the lawsuit, which also claims Smith "consistently sought personal rather than professional contact with Plaintiff." According to the lawsuit, in one of the texts, Smith is alleged to have commented on the size of Reynolds' genitalia, and in others he reportedly stated "I love you and just want you to be alright" and "You know I support whatever makes you happy … But I do miss you when I can't talk to you." One text reportedly showed that Smith invited Reynolds to stay at his Churchville home, and in another the sheriff allegedly told him he could "come cuddle," the lawsuit says. "Plaintiff was afraid to report this conduct because he feared losing his position or his K-9 partner," the lawsuit states. The texts would come into question after a vehicle crash involving Reynolds' brother, according to the lawsuit. Following the December 2021 accident in Augusta County, Reynolds reached out to the Emergency Communications Center and told them his brother would handle the accident, and requested that Virginia State Police not be notified. But after Reynolds' brother determined there was more damage to the vehicle than originally thought, according to the lawsuit, Reynolds contacted state police to report the crash. But in January 2022 during an internal investigation by the Augusta County Sheriff's Office, a trooper learned Reynolds had instructed the ECC not to report the incident, prompting a state police investigation into possible obstruction, the lawsuit says. During the state police investigation, which cleared Reynolds of wrongdoing, the lawsuit states, a search warrant for his phone was obtained. The lawsuit alleges Smith got wind of the search warrant and instructed Reynolds to delete any communications concerning the crash. "Defendant Smith further ordered Plaintiff to delete ALL text messages between Defendant and Plaintiff, going beyond just the accident-related communications and extending to their entire message history," the lawsuit states. Despite Reynolds being cleared, the investigation "created significant stress and anxiety," according to the lawsuit, negatively impacting his mental health. "Moreover, Defendant Smith's directive to delete evidence demonstrated a willingness to obstruct an official investigation and placed Plaintiff at risk of potential criminal liability, creating a profound ethical conflict in their professional relationship," the lawsuit states. The lawsuit claims Smith was aware of Reynolds' "mental clarity" issues as early as March 2020, when the sheriff signed an Optima Health Referral. In early 2023, Reynolds was diagnosed with a tumor on his spine. Ultimately, the tumor was not cancerous but Reynolds continued to experience physical pain as well as heightened anxiety, depression, and other mental health symptoms, the lawsuit states. More: Waynesboro drug dealer gets 7 years tacked onto sentence as more prison time looms By May 2023, Reynolds' mental health condition had intensified to the point where he required accommodations, including time off work to address his health and wellbeing. After requesting additional time off, the lawsuit states he was denied due to staffing needs, reportedly a violation of the Americans with Disabilities Act. Eventually, Reynolds refused to sign any disciplinary letters and, after speaking with Smith, the lawsuit says he was immediately placed on suspension, turning in his badge, firearm and vehicle. In July 2023, the lawsuit says Reynolds was reportedly issued an official termination letter by Smith that listed the reason for separation as "resigned." That same day, Smith is said to have submitted a notification of eligibility for decertification to the Virginia Department of Criminal Justice Services. But in January 2024, Reynolds' certification as a law enforcement officer was reinstated on appeal, the lawsuit says. However, when Reynolds sought employment at the Nelson County Sheriff's Office, the lawsuit says he wasn't hired after being told of a "Brady letter" provided by the Augusta County Sheriff's Office. A Brady letter is a notice sent to law enforcement agencies concerning credibility issues. "Despite the Criminal Justice Services Board's ruling that Plaintiff had not lied and its decision to reinstate his certification, Defendant Smith continued the delivery of 'Brady Letters' to potential employers," the lawsuit states. In Reynolds' eight count civil lawsuit, he cites disability discrimination, defamation, First Amendment retaliation, a hostile work environment, and Family Medical Leave Act interference and retaliation. He is seeking $5 million in damages and $350,000 in punitive damages. Reynolds is being represented by attorney Elliot M. Harding of Charlottesville. The lawsuit was filed May 14 in the United States District Court in Harrisonburg. More: Trice retiring as superintendent of Virginia School for The Deaf and the Blind Brad Zinn is the cops, courts and breaking news reporter at The News Leader. Have a news tip? Or something that needs investigating? You can email reporter Brad Zinn (he/him) at bzinn@ You can also follow him on X (formerly Twitter). This article originally appeared on Staunton News Leader: Former deputy sues Augusta County sheriff for $5.3 million
South China Morning Post
23-05-2025
- Politics
- South China Morning Post
His Chinese-American ancestor defined birthright citizenship. Now he fights to preserve it
Few Americans knew of Norman Wong, a 75-year-old retired carpenter living quietly in Brentwood, California, until a presidential executive order transformed him into an unlikely symbol of a new national battle over a core constitutional issue: who is an American? His face has appeared across major American news organizations in recent days. When the South China Morning Post interviewed Wong via video, a television crew was en route to his home, and a calendar in the background overflowed with interview requests. With a sheepish grin, Wong admitted he sometimes confused journalists' names with their media outlets. Amid the whirlwind of attention, Wong has resolved to remain a counterpoint to US President Donald Trump's order restricting birthright citizenship, a controversial proclamation now before the Supreme Court. 'This is the battle for, in a sense, the soul of America,' he said. 06:19 Chinese-American descendant of US citizenship rights fighter defends birthright citizenship Chinese-American descendant of US citizenship rights fighter defends birthright citizenship Though he is not part of any of the legal challenges to Trump's order, Wong has become a vocal defender and a living testament of the legacy of his great-grandfather, Wong Kim Ark, whose 1898 Supreme Court victory – in the face of discriminatory laws targeting Chinese immigrants – confirmed a cornerstone of American citizenship law: anyone born on US soil is a citizen. As a result of the landmark case, Wong's family and millions of other children from immigrant households over the decades since have become US citizens.
Irish Times
22-05-2025
- Irish Times
State not opposed to overturning public order conviction of Jemima Burke
The State will not oppose an order overturning a public order conviction imposed last year on Jemima Burke in connection with videoing a coroner and hospital staff, the High Court has heard. However, the State argued the matter should still be sent back to the original court for a new hearing. In November, the High Court permitted Ms Burke to seek a review of her case after she alleged her constitutional rights were breached when she was arrested, charged and convicted of a public order offence within a matter of hours. Ms Burke, a sister of the teacher Enoch Burke, was convicted of a public order offence on June 20th last year by Judge Vincent Deane in Ballina District Court, Co Mayo. READ MORE On Thursday she compared the conviction to 'something you would see in the Middle Ages'. Ms Burke (30), a management consultant in professional services and a University of Galway graduate in journalism, said she attended an inquest in Swinford, Co Mayo, on June 20th, concerning the death of a sepsis patient at Mayo University Hospital (MUH). She said the man spent 42 hours on a trolley, then went missing while in hospital care and was later found dead in a river in Castlebar. She said she used her phone to film the coroner and several MUH staff on the public street during the inquest's break for lunch. A garda arrested Ms Burke, confiscated her phone and brought her to Ballina Garda station where she was detained in a cell for more than two hours. She was then charged with two public order offences relating to a breach of the peace. She said she refused to sign a bail bond when she appeared before Judge Deane. Judge Deane, she said, told her it would be unjust to adjourn the matter if she was not going to sign the bond, that there was little chance of her going to prison and that he had 'to protect your interests at some level, too'. Ms Burke said a garda had made a number of allegations in the trial, including that she had obstructed paths of individuals and shoved her phone into their faces. She said the phone footage would clearly have had probative value, but it was in the possession of the gardaí at that stage. Judge Deane convicted her of one of the public order offences, under section six of the Public Order Act, with the other taken into consideration. He fined her €350. At the High Court on Thursday, Ms Burke argued she had been the victim of a 'serious' miscarriage of justice as there was 'excessive haste' in hearing the original case and no disclosure was made to her at her trial. She also had no legal representation, had been detained in a cell for two hours and was 'railroaded' into trial just 55 minutes after leaving the cells. Kieran Kelly, for the Director of Public Prosecutions (DPP), told Ms Justice Sara Phelan she can exercise her power of discretion to remit the matter to the District Court for a different judge to hear. A remittal would remedy matters for Ms Burke and give her the time required to prepare a case, he said. Mr Kelly said the DPP was not opposing the quashing of the original conviction. Ms Justice Phelan reserved judgment.
CBS News
20-05-2025
- CBS News
Family of teen struck by bullet in Englewood in 2024 sues CPD officers, city of Chicago
The family of a teenager who was struck by a bullet that also hit a Chicago police officer when a gun went off as he tried to disarm him are suing the officers and the city. The father of the teenager filed a federal lawsuit against four Chicago police officers and the city of Chicago for violating his son's constitutional rights under section 1983 of the U.S. Constitution. "A child was handcuffed and eventually shot when the gun went off," the attorneys representing the family said. On Oct. 3, 2024, around 12:30 p.m., Chicago police said officers performed an investigatory stop on a 16-yearold boy in the 5600-block of South Shields. Police said they found a gun in his waistband; as they tried to take it from him, the gun went off and the same bullet struck the teen in the groin and the officer trying to disarm him in the leg. Both were taken to hospitals for treatment and recovered. Police said neither the officer nor the teen fired a weapon intentionally. The lawsuit, among other things, alleges that the teen was arrested unlawfully, imprisoned unlawfully and had his constitutional right to be protected from unreasonable search and seizure violated. The lawsuit asks for compensatory damages, attorneys' fees and a declaratory judgement regarding the violation of his constitutional rights, but does not specify an amount of money. The lawsuit also asks for a jury trial. CBS Chicago has reached out to the city and Chicago Police Department for comment Please note: The above video is from a previous report
