Catchick Law » Constitutional Law

Girl sues school district under ada to bring her service dog to school

admin — Wed, 29 Jun 2016 12:23:09 +0000

How much is that doggie in the window/school? The United States Supreme Court has agreed to hear the case of a 12 year old girl from Jackson, Michigan who has cerebral palsy. The girl sued the Jackson school district under the Americans with Disabilities Act, after the district prevented her from bringing her dog, a goldendoodle named “Wonder,” to school with her. The dog was specially trained to help her retrieve dropped items, open and close doors, switch on and off lights, and perform other tasks. The girl’s parents argue that the school district’s policies stood in the way of their daughter’s independence.

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East Lansing Celebration Ordinance Ruled Unconstitutional

admin — Wed, 18 May 2016 17:19:02 +0000

An East Lansing District Court Judge has ruled that an ordinance aimed at preventing fires before and after key Michigan State wins and losses is unconstitutional. Two women were arrested for simply being “near” a burning mattress, even though they were not accused of starting the fire, fueling the fire, nor encouraging others to start or fuel the fire. Judge Larkin found the ordinance unconstitutional as applied to the two women, and even on its own.

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Hundreds of mandatory-life teen defendants eligible for re-sentencing

admin — Wed, 06 Apr 2016 14:51:27 +0000

The State is wrestling with how to re-sentence hundreds of Michigan defendants who were ordered as teens to serve mandatory life in prison without parole. In 2012, the U. S. Supreme Court ruled that sentencing a person under 18 to life in prison without parole constituted cruel and unusual punishment, and local counties are now faced with the financial hardship and emotional turmoil of having to re-sentence the offenders. Supporters of the re-sentencing point to numerous scientific studies showing the inability of teen brains to consider the long-term consequences of their actions.

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Michigan Supreme Court declines to review questionable search

admin — Mon, 04 Jan 2016 21:30:23 +0000

The Michigan Supreme Court has declined to review a Michigan Court of Appeals decision allowing Kenyon Robertson to stand Trial, despite questions about the search leading to his arrest. Back in July 2012, the Pontiac police received an anonymous tip that a “Leroy Jackson” had heroin at a local bus stop. At the time, Leroy Jackson was accompanied by Kenyon Robertson, but the tip did not mention Mr. Robertson. When the police went to arrest Leroy Jackson on an outstanding warrant, Mr. Robertson provided an incorrect I.D. card, and “acted nervous.” The police handcuffed Mr. Roberson. A police dog “alerted” on Mr. Robertson, but no drugs were found on him. After questioning, Mr. Robertson admitted that he had earlier smoked marijuana with Leroy Jackson, and based on that response, the police searched Mr. Robertson again, and this time they found heroin on him. The Court of Appeals upheld the search, even though the anonymous tip never mentioned Mr. Robertson, and even though the initial drug-dog search of Mr. Robertson revealed no drugs.

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