Justia Transportation Law Opinion Summaries

Howard and Brown ended their romantic relationship. Howard alternated between attempts to reconcile and attempts to harm Brown. Howard sent letters begging see their son, but hired someone to throw acid in her face and paid a man to shoot at the train on which she works as an engineer. He was convicted of: interfering with a passenger train engineer, with intent to endanger safety and with reckless disregard for the safety of human life, 18 U.S.C. 1992(a)(6) and (10), 1992(b)(1); committing and attempting to commit use of a firearm, with intent to cause serious bodily injury to a train company employee while such person was inside of a passenger train located on tracks used in operation of a mass transportation vehicle, 18 U.S.C. 1992(a)(7) and (10), 1992(b)(1)’ and knowingly using and carrying a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A). The Seventh Circuit affirmed, rejecting a “prior bad acts” challenge to admission of evidence to prove that Howard took repeated actions that were consistent with motive and intent to harm Brown and upholding denial of a motion to empanel a new jury after jurors sent notes to the judge concerning Howard’s behavior during voir dire. View "United States v. Howard" on Justia Law

Plaintiff was arrested after police officers found her intoxicated, sitting in the driver’s seat of her running, but legally parked, Hummer. She was charged with operating a vehicle while intoxicated, but the state trial court dismissed her case, finding that she was not "operating" her Hummer as that term is defined under Michigan law. Plaintiff sued her arresting officers, arguing, among other things, that they unconstitutionally detained her without reasonable suspicion and arrested her without probable cause. The district court held that the officers had qualified immunity. The Sixth Circuit affirmed. There was a reasonable basis to believe that plaintiff was operating her Hummer while intoxicated, and was therefore violating Michigan law. View "Nettles-Nickerson v. Free" on Justia Law