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Opinion Digests

Evidence from warrantless vehicle search suppressed (access required)

Drug evidence found during a warrantless search of defendant’s vehicle will be suppressed because the search “did not fall under any recognized warrant exception. Dark night “Having considered the body worn camera video, transcript of the testimony of Officer Dubus ...

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Immunity bars challenge of gun purchase denial (access required)

Where plaintiff claims the state police violated his rights by denying his application to purchase a firearm, sovereign immunity bars the claim. The state police department, as an agent of the commonwealth, has sovereign immunity and there is no express ...

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FBI’s two-step interview did not violate ‘Miranda’ (access required)

Where an FBI attaché interviewed the defendant about his association with the Islamic State of Iraq without providing him Miranda warnings, and a different team of FBI agents interviewed him 10 days later after giving Miranda warnings, there was no ...

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Claim not cognizable under Equal Protection Clause (access required)

Where a former deputy commonwealth’s attorney brought a claim under the 14th  Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...

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Allowing single-stock fund in 401(k) plan might violate ERISA (access required)

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

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Indicia of innocence support malicious prosecution claim (access required)

A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk, maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious prosecution. ...

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