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Tag: lawsuit

Judge: Jill Kelly May Press Forward with Lawsuit Against FBI Over Invasion of Privacy

By Steve Neavling
ticklethewire.com 

Jill Kelley may continue pursuing her lawsuit against the FBI over the scandal involving former CIA Director David Patraeus, a judge ruled Monday.

The New York Daily News reports that U.S. District Judge Amy Berman declined to dismiss a case by Kelly, who claims the FBI and Justice Department violated her privacy by leaking personal information about her to the media.

The case came to light when Kelly told the FBI in 2012 that she had been receiving harassing emails, which turned out to be from Paula Broadwell, who was having an affair with Patraeus.

Soon after, the news media obtained personal information about Kelley.

The judge’s decision, however, does not touch the merits of the case.

 

Lawsuit Seeks to Name Border Patrol Agent Who Shot, Killed 16-Year-Old in Nogales

By Steve Neavling
ticklethewire.com

Civil rights lawyers are suing federal government to force the disclosure of the name of the Border Patrol agent who shot and killed a 16-year-old teen in the back.

“This is an extraordinary request by the government and just one more example of how the Border Patrol attempts to shield its unlawful actions from the public. The rule of law demands transparency—that’s all we’re asking for,” said Lee Gelernt, deputy director of the ACLU’s national Immigrants’ Rights Project in a news release.

The body of Jose Antonio Elena Rodriguez was found about 40 feet from the border near the port of entry in Nogales.

Border Patrol said the agent was responding to rock throwers, but a witness disputes that.

CBP has agreed to release the name of the agent, but only if the identity is kept hidden from the public.

“The public interest in knowing the identity of a federal agent sued for the use of deadly force during his official duties is paramount,” attorneys wrote.

Insane Clown Posse Can’t Sue Government Over FBI Gang Report, Judge Rules

Steve Neavling
ticklethewire.com

The rap-metal duo Insane Clown Posse has lost its lawsuit against the feds.

U.S. District Judge Robert Cleland dismissed the group’s lawsuit against the FBI and Justice Department,  saying the government can’t be blamed for any fallout from a 2011 FBI report that classified fans of the group as a “loosely organized hybrid gang,”  the Associated Press reported. The fans are known as Juggalos.

The AP reported that the U.S. Justice Department is not responsible for how authorities use a national report on gangs.

Fans claimed they were unfairly targeted by local authorities because of the gang label.

Border Patrol Union: Court Ruling Endangers Agents Because of Fear of Lawsuits

Steve Neavling
ticklethewire.com

An appellate court’s ruling that permitted a Mexican family to sue Border Patrol agents could endanger officers, the agency’s union said Tuesday, according to the Texas Tribune reports.

Agents worried about lawsuits may be more reluctant to use deadly force when necessary, according to the National Border Patrol Council.

“We’re concerned, and we think [Monday’s ruling] is going to have a very chilling effect,” said Shawn Moran, vice president at-large and a spokesman for the National Border Patrol Council.

On Monday, the 5th Circuit Court of Appeals ruled that the family of a Mexican child can sue the Border Patrol agent who fatally shot the boy.

The ACLU applauded the decision.

“Today the Fifth Circuit helped ensure that [Customs and Border Patrol] agents are held accountable for shocking and outrageous abuse, even when their victims aren’t inside the U.S.,” Adriana Piñon, an ACLU of Texas staff attorney, said in a statement.

Supreme Court: Secret Service Agents Immune from Protest Lawsuit Involving President Bush

Steve Neavling
ticklethewire.com

The Supreme Court halted a lawsuit that alleges unequal treatment by Secret Service agents.

The Washington Post reports that the court unanimously ruled that agents were immune from the lawsuit because they were responsible for distancing protesters from then-President George W. Bush following a 2-0-4 campaign event in Jacksonville, Ore.

“The maintenance of equal access makes sense in the situation the agents confronted,” Justice Ruth Bader Ginsburg wrote for the court.

During the event, the Secret Service moved protesters away while allowing supporters to stay close.

Seven protesters and two Secret Service agents filed suit, claiming unequal treatment of their free-speech rights.

American Muslims Claim FBI Placed Them on No-Fly List for Refusing to Be Informants

Steve Neavling
ticklethewire.com

No one has accused Naveed Shinwari of breaking the law.

But that hasn’t stopped federal authorities from placing him on the no-fly list, which has prevented Shinwari from seeing his wife for the past 26 months, the Guardian reports.

Shinwari said he believes he can’t fly because he’s refused to become an informant for the FBI.

“I’m just very frustrated, [and I said] what can I do to clear my name?” said Shinwari, 30, who has lived in the U.S. since he was 14. “And that’s where it was mentioned to me: ‘you help us, we help you. We know you don’t have a job; we’ll give you money.’”

Shinwari is among four American Muslims accusing the FBI in a lawsuit of retaliating against them for refusing to become informants.
The FBI declined to comment.

Retired ATF Agent Sues Feds for $10M Over Handling of Him Infiltrating Hell’s Angels

Jay Dobyns/his website

Steve Neavling
ticklethewire.com 

A retired ATF agent who infiltrated the Hell’s Angels motorcycle gang is suing the federal agency for $10 million for failing to protect him, News 4 Tucson reports.

Jay Dobyns, an ATF agent for 27 years, was investigating Hell’s Angels between 2001 and 2003 as an undercover agent.

As a result, Dobyns has been subjected to threats from the motorcycle gang.

In the suit, Dobyns alleges the agency never investigated a suspicious fire that destroyed his Tucson home, which precipitated the lawsuit.

After closing arguments were made earlier this week, observers expect a judgment soon.

OTHER STORIES OF INTEREST


Judge: FBI Has Right to Access Woman’s Facebook Posts in Lawsuit

Steve Neavling
ticklethewire.com

Be careful what you write on Facebook.

In one case, the FBI has the right to access the Facebook posts of a woman who is suing the bureau over what she claims was a misguided 2011 raid, the Pittsburgh Post-Gazette reports.

Shaquel Adams must turn over pages from her Facebook account, particularly to demonstrate claims that she suffered from severe emotional distress.

“While the Court acknowledges that discovery of such matters is intrusive and regards personal matters which are typically not shared publicly, by asserting claims seeking damages for their emotional distress allegedly sustained during the events of March 3, 2011, Plaintiffs have put their own mental health, therapy and school records at issue in this case,” U.S. District Judge Nora Barry Fischer wrote.