Thursday, August 22, 2019


That's a sentence from this introductory paragraph by Judge Newsom:
You can’t make this stuff up. We have hair-pulling, wrist-scratching, facepunching, and rock-throwing—all the makings of a good old-fashioned schoolyard scrap. But alas, the combatants in the fracas underlying this Fourth Amendment case were grown-ups—sisters, in fact. Sheesh. Sister No. 1, Lori Huebner, was arrested for simple battery following an altercation with Sister No. 2, Kathleen Dobin. Huebner later sued Deputy Peter McDonough, alleging that he violated her Fourth Amendment rights (1) by arresting her without probable cause—in particular, by relying on what she claims
was untrustworthy information and by failing to conduct an adequate investigation—and (2) by using excessive force in the course of effectuating the arrest. The district court granted summary judgment to McDonough, and Huebner now appeals. We hold that McDonough had ample probable cause to arrest Huebner—the underlying information indicating that she had battered her sister was credible and his investigation was  sufficient—and that McDonough didn’t use excessive force in making the arrest.
 Enjoy the rest of the opinion.


Anonymous said...

Many commentators on this blog have previously stated the obvious: if a judge wants to re-capture his/her youth and pretend to be in creative writing 101, there are many outlets to do so that do not require wearing a robe. You don't need to be a stuffed shirt but you don't need to try and be a comedian either.

Judge Rosenbaum said...

Your opinion got less likes on facebook than mine...booyah new guy!

Anonymous said...

I agree with 5:23, if the opinion doesn't have at least 3 latin phrases in the introductory paragraph, then that judge should be impeached.

Anonymous said...

Please don't encourage him.