Short Circuit 434 | The Police Are the Emergency
Podcast (short-circuit): Play in new window | Download
If someone sues you for money you get to defend yourself in court. Right? Not really if you sign a confession of judgment, a contract where you waive defenses to a later collection action. A county in Iowa had a policy of making prisoners sign confessions of judgment when they were released if they owed money to the jail. That seems like it might have due process problems. Does it? Well, we don’t know yet but the Eighth Circuit recently ruled that the released prisoners have standing to move forward in their case. Michael Soyfer of IJ takes us through this dispute where IJ and a number of other groups filed an amicus brief. Then, McCarley Maddock of IJ reports on a bizarre set of facts in Madison, Wisconsin where a man may—or may not—have fired shots after an argument with his wife. The police then come to his house, with a Bearcat, and begin a standoff where he, it seems, was fast asleep inside. Things go bad for the man after that, resulting in an arrest and later a federal lawsuit. That then fails because of qualified immunity, according to the Seventh Circuit.
Recent Episodes
Short Circuit 433 | Bond Hearing Without Lawyer
After an arrest, is the decision on whether a defendant can get out on bond while their prosecution proceeds a “critical stage’? In the Eighth […]
Listen NowShort Circuit 432 | Moth-Eaten Precedent
A wild, and tragic, story from the Fifth Circuit with a bit of good (yet confusing) news at the end. IJ’s Diana Simpson tells us […]
Listen NowShort Circuit 431 | Hard but not Impossible
We welcome back a treasured many-times guest, the first time since he’s left IJ. Brian Morris served in our merry band of libertarian litigators for […]
Listen NowShort Circuit 430 | Stateless in Seattle
In the wild days of June 2020 you may remember how a group of protestors took over a few city blocks in Seattle, and how […]
Listen Now