A convicted criminal with support from politically conservative organizations has asked the U.S. Supreme Court to “put an end” to the judicial practice of enhancing criminal penalties based on jury-acquitted conduct.

If at least four of the nine justices vote to grant Deputy Anthony Mumphard’s petition, the U.S. Supreme Court will order the parties to fully brief and argue the issues. The Court will then decide the case this term.

Deciding the test for the “independent source” exception to the exclusionary rule is before the U.S. Supreme Court this term as the justices review an unopposed petition.

The Merit Systems Protection Board (MSPB) lacks jurisdiction to address equal employment opportunity (EEO) claims in “individual right of action” whistleblower reprisal appeals, the Fourth Circuit recently held.

The U.S. Court of Appeals for the Seventh Circuit recently held that conducting a stop and frisk at gunpoint was reasonable based on officers’ observations of a suspect’s conduct.

The U.S. Court of Appeals for the Fifth and Sixth Circuits are divided on temporarily halting the Department of Homeland Security (DHS) from enforcing its arrest and deportation guidance.

The U.S. Supreme Court’s sweeping decision in Egbert v. Boule precludes almost any new kinds of Bivens claims against federal employees, opening the door to a future overturn.

The Federal Circuit recently held the Merit Systems Protection Board (MSPB) must acknowledge actual job duties to satisfy primary position criteria as position descriptions are not always current.

A person’s presence in the same building with some potential connection to a fugitive fails to establish “particularized suspicion” to warrant a Terry stop, the Seventh Circuit held last week.

A federal judge has enjoined the Department of Homeland Security (DHS) from enforcing a deportation prioritization directive to Immigration and Customs Enforcement (ICE).

Supreme Court justices were critical during oral argument of allowing the federal government to prosecute a defendant in federal court previously convicted in a federally-operated tribal court.

The Eleventh Circuit wrote that it could not view the officer’s actions “with the 20/20 vision of hindsight” and that qualified immunity leaves “room for mistaken judgments.”

The U.S. Supreme Court rejected certiorari on Petitioner Erik Egbert’s request for the Court to reverse Bivens, the 1971 case that allows federal employees to be sued in their personal capacities for violating certain constitutional rights.

Bivens may be under reconsideration as the U.S. Supreme Court re-circulated a petition asking the high court to do just that. The petition argues the Ninth Circuit went too far by expanding Bivens, an ideal vehicle to overturn.

The Federal Circuit affirmed the removal of an Internal Revenue Service (IRS) employee who wrongly believed that the prohibition on disclosure of taxpayer information did not apply if the disclosure was made to her attorney.

The Transportation Security Administration (TSA) and the Merit Systems Protection Board (MSPB) have reached an agreement granting Title 5 equivalent appeal rights.

To establish the “ultimate discovery” exception to the exclusionary rule, the government must prove the exception by a “preponderance of the evidence,” the Eleventh Circuit recently held in an en banc decision. The full-court decision reversed forty-one years of Circuit precedent.

To establish the “ultimate discovery” exception to the exclusionary rule, the government must prove the exception by a “preponderance of the evidence,” the Eleventh Circuit recently held in an en banc decision. The full-court decision reversed forty-one years of Circuit precedent.

Whether law enforcement officers are entitled to qualified immunity when they knowingly violated their training by retaliating against a person for filming an arrest the officers made in public, was submitted this month for the U.S. Supreme Court’s consideration.