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Title IX of the Civil Rights Act of 1964 states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Sadly, the civil rights of students are violated every day, even here in Chicago. Northwestern University has recently come under fire for such violations, according to CBS Chicago. A student was sexually assaulted in her dorm room in 2015 by an alumni. Despite going to the authorities, no charges were pressed due to lack of evidence. She had to pay out of pocket to switch dorm rooms and change classes, as her professors were unwilling to work with her in order to meet deadlines for papers and exams. Without anywhere to turn for support, she filed a Title IX civil rights complaint against the university.
To What and Whom Does Title IX Apply? The Office for Civil Rights (OCR) enforces, among other things, Title IX, which was adopted in 1972 to ensure that women were given the same rights and opportunities as men within any federally funded education program. As such, Title IX applies to 16,500 local school districts and 7,000 postsecondary educational institutions. It also applies to for-profit schools, vocational rehabilitation agencies, charter schools, libraries, education agencies among all 50 states and territories of the U.S., and even museums. Anyone who attends an educational program, such as the examples listed above, is protected under Title IX from sexuall discrimination and has the right to seek legal action if their rights are violated. Some of the following are education administrative obligations and key components that must be addressed by Title IX in order to prevent sexual discrimination:
Simply stated, if women are not given the same treatment and opportunities as men, their rights under Title IX may have been violated. Moreover, retaliation against an individual for standing up to an unlawful practice or what they believed to be an unlawful practice, under Title IX, is strictly prohibited, similar to the laws of workplace retaliation under the Equal Employment Opportunity Commission. The Office for Civil Rights, under the Department of Education, investigates and helps to resolve complaints and allegations of sexual discrimination. However, if your civil rights have been violated in any way, we strongly urge you to speak with an attorney as soon as possible. It is not necessary to file a complaint with the OCR in order to file a lawsuit against the negligent party itself. We can help you achieve a sense of justice and repair damages caused to you through financial compensation. If in any way your civil rights were violated under the protection of Title IX, please do not hesitate to contact the experienced Chicago civil rights attorneys of Barney and Hourihane at 312-854-0906 today for immediate assistance. Many appeals are based on written briefs, during which no Hollywood-esque enactments take place. However, some appeals do include an oral argument before the court, which can be more compelling, or more devastating to the defendant’s cause, depending on the circumstances of the case. Each side, the prosecution and defense, is generally awarded 15 minutes to state their claims to the judge or panel of judges. One such example of a compelling oral argument took place recently in Illinois with two identical twin brothers, both serving long prison sentences.
Two Twin Brothers Serving Long Prison Sentences Heard During Dramatic Court of Appeals Oral Argument In a bizarre day in Cook County court, two identical twin brothers sat adjacent in different-colored prison uniforms. One had been sentenced to 54 years in prison for a murder committed in 2003. The other was also serving time: a 99-year sentence for being involved in a robbery that ended with a six-year-old being shot in the head and killed in 2008, according to the Chicago Tribune. The strange aspect of this appeal was that the brother who was serving the 99-year sentence decided to plead guilty to the murder for which his brother was serving time. Prosecutors argued that the two identical twins allegedly colluded with one another in this appeals since the one serving the 99-year sentence had nothing to lose by taking on the prison sentence of the other. At this time, there is no word from the judge as to when a decision will be made. While many believe that any case can be appealed at any time, in order for this appeal or any other appeal to even take place, there must be a legal basis. There must be some alleged trial error, according to the American Bar Association. The Right of Appeals for Criminal Defendants While most court of appeals decisions are final, a secondary appeals may be awarded if there is ample support to suggest an alleged violation of civil rights. These appeals are heard by the U.S. Supreme Court. As such, criminal defendants have an additional safety net over civil cases when it comes to court appeals. Even if they exhaust all of their appeal rights at the state level first, they may file a writ of habeas corpus in federal court. As such, they argue that their constitutional rights were violated. However, it is important to keep in mind that an appeal does not constitute a new trial in which previously excluded evidence or witnesses are admitted. An appeal is solely an examination of the original case, in which there were alleged errors or errors of legal interpretation made by the judge. Contact an Experienced Chicago Criminal Appeals Attorney Today If you have been wrongly convicted of a crime that you did not commit, there may yet be hope in the form of either a written brief or compelling oral argument before the court. No matter the original charge, call the criminal appeals attorneys of Barney and Hourihane today at 312-854-0906 for immediate assistance. Watch enough television and movies and you will know about the Miranda rights. Every fictional police officer repeats them when taking a suspect into custody. Stemming from the 1966 landmark decision by the Supreme Court of the United States, Miranda v. Arizona, many people can recite the warnings by heart.
“You have the right to remain silent. Anything you do say may be used against you in a court of law.” “You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you by the court.” “Do you understand your rights as they have been conveyed to you?” Once the police take you into custody or for questioning, they must read you your rights as above. They are not allowed to continue questioning or hold you in custody without first warning you of your rights. There are no exact words needed, only the substance of the rights need be explained. The Miranda rights are a protection under the Fifth and Sixth Amendments of the U.S. Constitution. They are enforceable in all U.S. jurisdictions, including Will County, Illinois. The Miranda ruling is not absolute. There is a public safety exception. The Miranda rights can be waived at any time by a suspect in custody. This may be accomplished by merely continuing to answer police questions. To be sure, most police departments will employ a written waiver. It is always best for a suspect to specifically state their intention to utilize their rights and not to waive them. According to recent case law, any ambiguity on the subject favors the police. Put Them into Practice When encountering the police, always remember your Miranda rights. They may be the difference in saving yourself from getting into more trouble. If you find yourself in police custody or under questioning, don’t do or say anything without first considering your constitutionally protected rights. Make sure to invoke your Miranda rights. You don’t want to make a mistake and do something that may be considered a waiver of your rights. You don’t want to say something that may be later used against you. Keep silent under questioning. Too many people make the mistake of trying to talk their way out of trouble. Your failure to speak may not be used against you in a court of law. In fact, as the Miranda rights state, the opposite is true. What you do say can be used against you in court. Get Legal Help Do not be afraid of looking guilty by requesting an attorney. It is the smart, not guilty, thing to do. Your attorney will be able to negotiate with the police regarding your release from custody and/or other matters. Always remember your right to remain silent and your right to an attorney. If in any way your civil rights were violated do not hesitate to contact the experienced Chicago civil rights attorneys of Barney and Hourihane at 312-854-0906 today for immediate assistance. A few months ago police dashboard footage was released of a white police officer killing a black teenager. In the video, taken in October, 2014, the officer, Jason Van Dyke, shot a black teenager, Laquan McDonald, 16 times. Van Dyke was charged with first-degree murder after the footage was released, and posted a $1.5 million bail last November.
Footage Release There have been many questions about why the footage was not released for such a long time. The footage was only made public after a judge ordered it be released. The order was the result of a lawsuit brought by a journalist, who argued that the video was in the public record. The city argued that release of the footage would compromise a federal investigation and a probe by the state’s attorney, but the judge ruled for the journalist. The officer in the video has a history of complaints made against him, though he was cleared in nearly all of them. Most of the complaints alleged excessive force, with one allegation of a racial slur. But there have been no apparent criminal proceedings brought against him until recently, when the footage was released. Call for Resignation In the midst of rallies and protests, Chicago Mayor Rahm Emanuel has asked Chicago Police Superintendent Garry McCarthy to resign. He cited shaken trust in police, stating that police officers are not effective if they are not trusted. Mayor Emanuel stated that he asked for McCarthy’s resignation in order to confront the challenges facing the police department. He then described a new task force on police accountability, formed to review the training and oversight of the city’s police officers. University of Chicago Threat The call for McCarthy’s resignation is not the only major event facing the city as a result of this recent shooting. A 21-year-old student was arrested Monday, November 30, for allegedly threatening to kill students and staff at the University of Chicago in revenge for McDonald’s death. This student reportedly posted the threat on social media, saying that he was going to kill 16 white male students to correspond with the number of times McDonald was “killed,” then die himself, killing as many white police officers as possible in the process. In response to the threat, the university closed its Hyde Park campus, cancelling all classes and activities, asking students and nonessential staff to stay away from campus, and asking students in on-campus housing to stay indoors. The aforementioned student has been charged with transmitting a threat in interstate commerce, an offense punishable by up to five years in prison. If you have been arrested for or charged with a criminal offense, you need experienced legal representation to help you defend your rights. Please contact the skilled Chicago civil rights attorneys at Barney & Hourihane for a free initial consultation Illinois has recently passed a new law that may assist in battling the monumental issues surrounding underage drinking fatalities and tragedies in the state. Under the new law, Illinois HB- 1336, establishes immunity from underage drinking charges in certain circumstances. This new law may assist attorneys in cases where an intoxicated teen called 911 for a peer also under the influence of alcohol.
HB-1336 Prohibits a law enforcement officer from charging or taking an individual into custody who is under 21 years of age for the possession or consumption of alcohol if the officer “reasonably” believes that all of the following circumstances apply (Sec. 5):
Thus the Illinois law, passed by Governor Bruce Rauner, grants immunity to underage drinkers that call 911 for medical assistance. Specifically, and perhaps most importantly, the law grants immunity for both the teenage caller who may have been partaking in underage drinking as well as the intoxicated victim. Considering an underaged drinker may be afraid of the consequences when deciding to seek medical assistance for a friend, where minutes or even seconds count, this law may give teens the courage to pick up the phone and call for help. For a teen to weigh the balance between getting into trouble with the perceived monolithic authority hovering over or saving a friends life, HB-1336 may serve as a much needed bridge to curtail the senseless tragedies that often result from such illegal activity. The Cost The incredible cost of underage drinking in Illinois suggests that a softer and smarter approach may be a wiser course of action. From fatalities, car accidents, hospital visits, to legal fees you name it; underage drinking appears to reach all corners of the modern teenager’s life. According to The Daily Illini, underage drinking cost Illnois a reported 2.8 billion dollars just in 2013 alone. To say the past heavy-handed approach with underage drinkers is not the best course of action may be an understatement. Mimicking the approach taken with heroin users who call for medical assistance in cases of a potential overdose and are granted immunity, this law seeks to make a clear hierarchy between wanting to enforce punishment and wanting to save young lives. Enacting legislation to quell the fearful teen’s worries and save lives appears to be a trend not just in Illinois but in many states across the nation. Many states have passed these so called 911 lifeline legislation, which offers some form of immunity to those who call for assistance to aid those under the influence of alcohol and/or an illegal substance. Illinois joins a long list of states such as Texas, Vermont, Georgia, Indiana, Washington, Colorado etc, who have passed their own version of the bill. Encouraged to Seek Medical Assistance An underager drinker who is too afraid to call 911 may deprive an intoxicated friend of live-saving resources. Too often the only lifeline that a fellow intoxicated teen in danger has is actually another, perhaps less intoxicated peer who knows they need help yet is too fearful to seek assistance. Some may feel that the Governor’s approach is soft on crime, however public policy must first work to preserve an underaged life endangered by alcohol poisoning over the traditional approach of punishment of a teen engaging in such activity. Life saving laws such as HB- 1336, may provide lawyers with new avenues of potential guidance for such intoxication cases with similar circumstances. Where seconds count, this granted immunity can truly assist in removing a teen’s hesitation of the “book being thrown” at him/her and save a life of a fellow teen too intoxicated to help him or herself. Contact an Experienced Chicago Criminal Appeals Attorney Today If you have been wrongly convicted of a crime that you did not commit, there may yet be hope in the form of either a written brief or compelling oral argument before the court. No matter the original charge, call the criminal appeals attorneys of Barney and Hourihane today at 312-854-0906 for immediate assistance. Nine years ago, two women, 42-year-old Caroline Burley and her 61-year-old mother Geraldine Burley, were the victims of a violent police raid in Washington D.C., as reported by the Washington Post. In search of narcotics, the raid was part of “Operation Eight Mile,” which was a three-day-long effort by federal, state, and local police agencies to bust homes along the Burley’s road for drugs. None of the raids proved worthy of the incredible man-power, expense, and terror unleashed upon the citizens. Few narcotics were found and hundreds of people’s civil rights had been violated.
The Burleys had guns pointed at their faces, been screamed at, thrown against furniture and to the ground, and then been stepped on by the booted agents. When the dust was cleared that late night in 2007, none of the Drug Enforcement Administration (DEA) agents or police officers gave the women their names. Their faces had been hidden underneath masks and their badge identities undisclosed. In the years that ensued, the women have tried, failed, and tried again to find justice. Each time their civil rights lawsuit has been shut down because the identities of those masked agents has never been found. The Identity of Individual Officers Must be Known to File a Civil Rights Lawsuit Because the officers never revealed their identity, and in fact had supplied a false team name to the women at the time of the raid, their efforts to expose those individuals has fallen short. When they filed their first lawsuit, the Burleys were given the names of the agents who participated. Originally, those DEA agents denied violating any civil rights but did not deny participating in that particular raid. However, later during the lawsuit depositions, those same officers denied being present in that raid, claiming that they had been part of the team that had raided another house. The DEA claimed that because the original Team 6 had been divided in two, the half of the team that had been deposed was not at the Burley’s home. The DEA said that the original list of names they supplied was an error. But, when the second half was deposed, each of those officers also denied being present in the raid on the Burley’s home, claiming that they were at another raid at the time. The Burley’s lawsuit failed, as did the first and second appeals on the grounds that the officers’ identities could never be found. The plaintiffs were required to identify the officers who assaulted them and violated their civil rights, yet the DEA covered up their identities, in addition to the agent's’ efforts themselves to do so, and essentially lied about who was at the raid. This shows a massive failure in justice within the justice department. Raids are inherently violent, messy, and dishonest. The dishonesty often, unfortunately, continues in the aftermath to cover up what actually happened. Police violence usually goes by unnoticed, evidenced in the fact that in the last 15 years and 702 Chicago police shootings, not one police officer has seen criminal civil rights charges brought against them, according to the Chicago Tribune. If you have had your civil rights violated, contact the experienced Chicago civil rights attorneys of Barney and Hourihane today at 312-854-0906. Two Off-Duty Police Officers May Be Fired 10 Years Later After Beating Unarmed Man in Appeal9/7/2016
The appeal process can be a long, drawn-out affair. However, in some cases this turtle’s pace is morphed into tectonic-plate-like slowness, with no measurable results to see with the naked eye. For some unlucky victims, justice is never dealt. For others, it just happens to take a decade or more. 10 years ago two off-duty Chicago police officers, dressed in plain clothes, and two friends of theirs allegedly pulled a gun on an unarmed man, named Obed DeLeon, then beat him to to the ground of the fast food establishment in which the brawl took place.
The fight occurred in the early morning, yet surprisingly busy, hours of Taco Burrito King, as surveillance tape shows on NY Daily News. The argument rapidly became violent after DeLeon entered the restaurant complaining about the terrible parking job of one of the patrons, according to witnesses. He asked which “a-hole” was responsible for the careless parking job. Jason Orsa, one of the off duty officers, allegedly replied, “What if I’m the a-hole?” to which DeLeon countered, “Then stop being an a--hole, and move your car." At that, it is claimed that Orsa pulled out a gun, pointed at DeLeon’s face, and he and the other three at his table, including Brian Murphy, who is the other officer that is facing termination, got up and allegedly proceeded to beat DeLeon with hands and then feet as Deleon was knocked to the ground. "It happened so fast. People were just jumping on my back, kicking me," DeLeon later said at a 2006 hearing. Other patrons called 911, reporting that there was “a white man with a gun.” When the responding officers arrived, they not only let Orsa, Murphey, and their two friends leave through a back door but arrested DeLeon and two witnesses who were willing to testify on his behalf. Now, 10 years after the incident, Murphey and Orsa will be fired, depending on their decision to appeal with the Supreme Court, which they have 30 days time to do so, according to Illinois Courts. 2016 Firing is the Second Firing After the First was Appealed Back in 2012 While it seems like justice has finally been served, as Murphey and Orsa face employment termination, it may seem like an empty threat to DeLeon, who saw the two cops lose their jobs back in 2010 only to be rehired in 2012 when Judge Kathleen M. Pantle overturned the original ruling, stating that “All you have to do is look at him [DeLeon] and know he's a gang member. Anybody looking at the videotape knows that as soon as he walks in the door," in reference to the 2006 surveillance camera tape. Not only did she reinstate their positions, but ordered back pay. The 2016 appeal of Pantle’s ruling, however, stated that the fact that the officer Murphey drew his gun, unprovoked, was grounds along for firing. But, will this 2016 position stick this time around? The appeal process is incredibly complex. If you need help in you decision to appeal, or have had your civil rights violated, contact Barney and Hourihane today at 312-854-0906. Tribune Report Covers Hundreds of Shootings Since 2011
The Chicago Tribune has released never-before-seen data about Chicago Police Department officers and police shootings over the last six years, covering over 400 shootings. The paper was able to acquire information about the shootings, including the shooters and victims, after a long legal battle with the City of Chicago. The report shows that officers fired over 2,000 bullets over the six year period, injured their targets in over two hundred instances, and killed 92 people. As WGN-TV 9 points out, the report shows that about four in five of the victims of these police shootings were black. Most Police Shootings on South and West Sides The sheer scale of police violence in the city of Chicago is staggering. There are more police shootings in Chicago than in any other American city, including Los Angeles and New York. The picture that the data provides is complex. Not only were most of the victims of shootings minorities, but also a majority of the police officers who shot them. The vast majority of the shootings occurred in Chicago’s South and West Sides, while some neighborhoods, such as The Town Hall District (which includes part of Uptown, Wrigleyville, part of Lakeview, Lincoln Square and part of Lincoln Park) had zero police shootings. Minority Cops Can Be Guilty of Racial Profiling One question that the statistics that The Chicago Tribune has compiled and release raise is, “Is it still racial profiling if a minority police officer does it?” It’s worth thinking about the legal answer to this question. Racial profiling by police most often occurs when a police officer chooses to detain, search, or arrest a suspect on the basis of their race or ethnicity. The United States Supreme Court has ruled that it is a violation of the suspect’s constitutional rights if a police officer stops and searches them on the sole basis of their race. The court’s reasoning was that police need a reasonable basis for suspicion before they stop and search someone. The court did not make a distinction between white cops and minority cops: this rule applies to every police officer. So even if a police officer is black or Hispanic, they can’t stop, question or search you just because of the color of your skin. Chicago Cops Can’t Stop, Search or Shoot on the Basis of Race How does this rule apply to the patterns that The Chicago Tribune has published? It seems clear that police officers are much more likely to stop, question, and shoot at black men than any other category of person in Chicago. While in some cases they may have a reasonable suspicion, in many cases they may only be approaching a suspect because the suspect is a black man. Several of the victims of police shootings in Chicago over the six year period have successfully sued the City. Regardless of the officer’s race, they need a reasonable basis for their suspicions, not just where you live or how you look. Get Legal Help If you or someone you know has been the victim of police misconduct, you need expert legal advice. Get in touch with an experienced civil rights attorney at Barney & Hourihane in Chicago today to get the justice you deserve. See Related Blog Posts |
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