June

June 26, 2015

Same sex marriage protected by 14th Amendment

I’ll let the final paragraph of the majority opinion speak on this issue:   No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand […]
June 22, 2015

Supreme Court announces standard for claims of excessive force against pretrial detainees

In 2011, I wrote an article for the state-wide publication Bench & Bar, entitled “Excessive Force: Disentangling Constitutional Standards.” http://mnbenchbar.com/2011/07/excessive-force-claims-disentangling-constitutional-standards/    That article received a fair amount of attention locally. Today, the United States Supreme Court issued an opinion touching on that subject, Kingsley v. Hendrickson, attached.  It held (with 5 judges in the majority and 4 dissenting) that excessive force claims by pretrial detainees should be determined on an objective standard.  […]