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continuously opining, intermittently publishing. rss entries 3 july police demand to use home as tactical outpost 1 comment » | posted by oshane nearly two years ago on july 10, 2011, police officers in henderson and north las vegas demanded to use a house as a tactical outpost or command center for a domestic violence investigation of the residents’ neighbors. when the residents appropriately told the police to buzz off, the police battered down the door, shot the occupants with nonlethal bullets, arrested the residents, and commandeered the house. (the charges were eventually dismissed with prejudice.) now, the lawyers for the family have brilliantly lain in wait for two years just before the statute of limitations expires* to sue the cities under a host of claims under 42 u.s.c. § 1983 (the federal civil rights statute), notably applying the third amendment—the one that prohibits the forcible quartering of soldiers during peacetime—as well as the fourth amendment (no unreasonable searches and seizures). read the complaint here . it is dated july 1, 2013. assuming the facts in the complaint as pleaded are true, the plaintiffs deserve blood but will get only money. if the plaintiffs are stalwart enough not to settle (and the cities should absolutely try their hardest to settle), may the jury award them many millions of dollars—as punition for this sort of outlandish, outrageous, malevolent behavior. $100 million sounds about right. if the government does not settle (assuming the plaintiffs are even willing), and it has the temerity to appeal any judgment, this will be a chance for the appellate attorneys to argue for the incorporation of the third amendment against the states—at least in the states inside the 9th circuit. not all of the bill of rights apply against the states. (until the early 20th century, none of the first ten amendments to the u.s. constitution applied to state governments. see gitlow v. new york , 268 u.s. 652 (1925), which applied some of the limitations on government in the first amendment to the states using language in the fourteenth amendment.) most of the bill of rights has been incorporated to/against the states. the third amendment has not, except in the 2d circuit (connecticut, new york, vermont), because of that circuit’s holding in engblom v. carey , 677 f.2d 957 (2d cir. 1982). admittedly, the third amendment, which reads, no soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law, contemplates soldiers not police officers, per se . there are also comparative factual issues in the englbom case that make englbom harder to serve as an analogy, particularly that the governmental agents were national guardsmen under the control of the governor of new york. but without having done much historical research in this area, i’m sure i could come up with a novel but convincing argument to conflate the two concepts (soliders and police). in any case, the mitchell family deserves to heap opprobrium upon the cities of henderson and north las vegas and i hope they pay the family handsomely for their actions. every man’s home should be safe from random governmental force. * there is no federal statute of limitations for § 1983 claims, so they track the personal injury statutes in the states underlying the federal jurisdictions where the federal courts sit. nevada’s relevant statute appears to limit these actions to 2 years from the incident. posted in failure , government , laws , statism , uncategorized | 1 comment » 31 january the defendant’s right to jury trial in jones act claims 5 comments » | posted by oshane the seton hall circuit review at seton hall university school of law graciously published my article, entitled the defendant’s right to jury trial in jones act claims: washington state’s endicott opinion invites much needed supreme court review near the end of december. plaintiffs in jones act claims have the ability to elect to have the claims heard in federal court or in state court. when a federal court hears the claim, the plaintiffs may elect to have it heard in admiralty (with no jury trial) or under another form of jurisdiction where either party can elect to have a jury determine the facts of the case. this is because the seventh amendment demands that the right to trial by jury be preserved except in a few special circumstances. the supreme court long ago ruled that admiralty trials were one of those exceptions. at issue is that the plaintiff can elect to have the claim heard in admiralty or not in federal court, and because plaintiffs can amend their complaints (often as a matter of right), a plaintiff may first elect a form of trial that requires a jury and then amend the complaint to switch it back to admiralty. when this happens, some courts say the switching back is okay because even though the jury trial right should have attached in the first form of jurisdiction, because the plaintiff had the power to elect in the first place, there’s no harm done. other courts say that so long as you keep the claim in admiralty, there is no jury trial right, but once you elect to have the case heard in another jurisdictional form, the jury trial right attaches irrevocably. my article explores that split of authority and argues the latter courts are right. if you quote this article, please do so with the following attribution (amended as your citation framework may direct): o. shane balloun, the defendant’s right to jury trial in jones act claims: washington state’s endicott opinion invites much needed supreme court review , 9 seton hall cir. rev. 1 (2012). if you want to read the predicate opinion by the washington supreme court, endicott v. icicle seafoods, inc. , 224 p.3d 761 (2010), it is here . posted in admiralty , law review articles , laws | 5 comments » « older entries -- pages about o.shane balloun meta log in entries rss comments rss wordpress.org blogroll balloun post broken window watch campaign for liberty chevas how appealing james p. hogan lewrockwell.com popehat the market ticker the technology liberation front the volokh conspiracy who's your nanny? archives july 2013 january 2013 november 2012 september 2012 august 2012 may 2012 february 2012 january 2012 december 2011 november 2011 april 2011 march 2011 january 2011 december 2010 october 2010 september 2010 august 2010 june 2010 april 2010 march 2010 february 2010 january 2010 november 2009 september 2009 august 2009 june 2009 april 2009 february 2009 january 2009 :: design by © chevas design this site's original content may be used under revocable license for any non-commercial purposes so long as the website is properly attributed. original content does not include content on other domains or websites or files with discrete document or image content such as but not limited to .pdf files or image files, whether they are found on oshane.com or elsewhere.

URL analysis for oshane.com

http://www.oshane.com/2013/01/setonhalljonesactjurytrialarticle/#comments
http://www.oshane.com/2010/02/
http://www.oshane.com/2012/08/
http://www.oshane.com/wp/wp-content/uploads/2013/07/mitchell-v-city-of-henderson-july-2013-complaint.pdf
http://www.oshane.com/wp/feed/
http://www.oshane.com/wp/wp-login.php
http://www.oshane.com/2013/07/
http://www.oshane.com/2009/04/
http://www.oshane.com/2009/02/
http://www.oshane.com/2010/12/
http://www.oshane.com/2013/01/
http://www.oshane.com/2013/07/police-demand-to-use-home-as-tactical-outpost/#comments
http://www.oshane.com/2010/10/
http://www.oshane.com/2012/02/
http://www.oshane.com/2009/09/

Whois Information

Whois is a protocol that is access to registering information. You can reach when the website was registered, when it will be expire, what is contact details of the site with the following informations. In a nutshell, it includes these informations;

Domain Name: OSHANE.COM
Registry Domain ID: 104785095_DOMAIN_COM-VRSN
Registrar WHOIS Server: whois.godaddy.com
Registrar URL: http://www.godaddy.com
Updated Date: 2010-07-03T04:23:27Z
Creation Date: 2003-10-09T16:40:14Z
Registry Expiry Date: 2019-10-09T16:40:14Z
Registrar: GoDaddy.com, LLC
Registrar IANA ID: 146
Registrar Abuse Contact Email: [email protected]
Registrar Abuse Contact Phone: 480-624-2505
Domain Status: clientDeleteProhibited https://icann.org/epp#clientDeleteProhibited
Domain Status: clientRenewProhibited https://icann.org/epp#clientRenewProhibited
Domain Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Domain Status: clientUpdateProhibited https://icann.org/epp#clientUpdateProhibited
Name Server: NS11.DOMAINCONTROL.COM
Name Server: NS12.DOMAINCONTROL.COM
DNSSEC: unsigned
URL of the ICANN Whois Inaccuracy Complaint Form: https://www.icann.org/wicf/
>>> Last update of whois database: 2019-08-11T23:33:07Z <<<

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The Registry database contains ONLY .COM, .NET, .EDU domains and
Registrars.

  REGISTRAR GoDaddy.com, LLC

SERVERS

  SERVER com.whois-servers.net

  ARGS domain =oshane.com

  PORT 43

  TYPE domain

DOMAIN

  NAME oshane.com

  CHANGED 2010-07-03

  CREATED 2003-10-09

STATUS
clientDeleteProhibited https://icann.org/epp#clientDeleteProhibited
clientRenewProhibited https://icann.org/epp#clientRenewProhibited
clientTransferProhibited https://icann.org/epp#clientTransferProhibited
clientUpdateProhibited https://icann.org/epp#clientUpdateProhibited

NSERVER

  NS11.DOMAINCONTROL.COM 97.74.105.6

  NS12.DOMAINCONTROL.COM 173.201.73.6

  REGISTERED yes

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