LATEST SUMMARIES
ADMINISTRATIVE LAW, CRIMINAL LAW & PROCEDURE, INDIAN LAW, PROPERTY LAW & REAL ESTATE
US v. Lowry
CIVIL RIGHTS, CONSTITUTIONAL LAW, CORPORATION & ENTERPRISE LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE
KRL v. Estate of Moore
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LATEST SUMMARIES
ADMINISTRATIVE LAW, CRIMINAL LAW & PROCEDURE, INDIAN LAW, PROPERTY LAW & REAL ESTATE
US v. Lowry, No. 06-10469
When a defendant is charged with occupation of Forest Service land
in violation of 36 C.F.R. sections 261.10(b) and (k), an occupant
claiming individual aboriginal title bears the burden of
demonstrating such title as an affirmative defense.
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CIVIL RIGHTS, CONSTITUTIONAL LAW, CORPORATION & ENTERPRISE LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE
KRL v. Estate of Moore, No. 06-16282, 06-16284,
06-16286
In a civil rights case arising from a criminal investigation into
the removal and disposal of an underground gasoline storage tank
located on plaintiff-partnership's property, denial of summary
judgment for defendants based on qualified immunity for their
involvement in preparing, reviewing and executing two search
warrants is reversed in part where defendants were entitled to
qualified immunity to the extent that they relied on one particular
warrant, which was not so lacking in indicia of probable cause as to
render official belief in its existence unreasonable.
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