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NEW YORK (AP) — A federal judge in New York has ruled that Acting Department of Homeland Security Secretary Chad Wolf assumed his position unlawfully. U.S. District Judge Nicholas Garaufis's ruling invalidates Wolf’s suspension of the Deferred Action for Childhood Arrivals program, which shields young people from deportation. Wolf effectively suspended the program in July, a month after the U.S. Supreme Court ruled against President Donald Trump's efforts to end it. Garaufis wrote Saturday that DHS failed to follow an order of succession established when then-Secretary Kirstjen Nielsen resigned in April 2019. DHS did not immediately respond to a request for comment on the ruling. 696
NEW YORK (AP) — Keith Raniere, a self-improvement guru whose organization NXIVM attracted millionaires and actresses among its adherents, was sentenced Tuesday to 120 years in prison.The 60-year-old was convicted of charges accusing him of turning some of his followers into sex slaves branded with his initials.The court proceeding in Brooklyn culminates several years of revelations about the organization, which charged people thousands of dollars for self improvement courses.Those people included Hollywood celebrities and others willing to endure humiliation and pledge obedience for Raniere’s vision of how to pursue perfection.Prosecutors said Raniere led what amounted to a criminal enterprise. Co-conspirators helped recruit and groom sexual partners for him.Raniere’s sentencing comes about a month after Clare Bronfman, a wealthy benefactor of his, was sentenced to seven years in prison in the case.The Seagram’s liquor fortune heir was taken into custody to begin her 81-month sentence immediately after her appearance in federal court in Brooklyn on Sept. 30.Bronfman admitted in a guilty plea last year that she committed credit card fraud on behalf of Raniere. 1185
Next week, the U.S. House and Senate will take up police reform bills.The House will address qualified immunity on a national level. It's a doctrine implemented by the U.S. Supreme Court that makes it difficult to sue police, even if one's constitutional rights are violated.The doctrine protects officers who can defend their actions because they didn't know their conduct was unconstitutional. That's because it wasn't “clearly established” in a prior court ruling.In practice, courts have dismissed civil rights lawsuits because there wasn't a previous case in the same location with the same circumstances. So, there's also no precedent for future cases. That's why the doctrine is criticized as a "catch 22."“That kind of ‘does this officer get the benefit of the doubt?’ type of inquiry gives judges just lots of room based on their interpretation, their view of whether this seems like a bad case or not, and it means that the judge is taking cases away from the jury based on their own views of the facts,” said Brandon Garrett, professor of law at Duke University.“The way to truly understand it is to look at in the context, as a lot of people are suddenly looking at it when police uses force, and particularly when it's deadly force,” said Aderson Francois, professor of law at Georgetown UniversityThe officers involved in a wrongful death lawsuit in Washington D.C. are expected to claim qualified immunity. In 2018, Marqueese Alston was shot and killed by police while running away. The court will only look at it from the perspective of police and if they reasonably feared for their lives.“What the court will not do is to ask did my client, a 22-year-old black man in DC have a reasonable fear for the police that caused him to run away in the first place,” said Francois.It's important to point out that officers do not personally foot the bill in these cases.“It's about the municipality, the county, the city,” said Garrett. “They're the ones who are paying. They're the ones who should be held accountable. After all, if this officer was poorly trained or didn't have the right support from colleagues, it's not the officer's fault necessarily.”Qualified immunity makes it so the constitutional issue is never addressed. Even if the doctrine disappears, it's still difficult to win a constitutional claim. 2335
NEW YORK (AP) — A tentative deal has been reached to settle multiple lawsuits brought against the television and film company co-founded by Harvey Weinstein, who has been accused of sexual misconduct by scores of women.Attorneys involved in the negotiations told a federal bankruptcy court judge during a hearing in Wilmington, Delaware, Thursday that a breakthrough in a still-unfinished mediation had put a settlement within reach.The amount of the deal wasn't revealed in court, but a person familiar with the negotiations told The Associated Press it was worth million. The person wasn't authorized to reveal details of the discussions and spoke on condition of anonymity."We now have an economic agreement in principal that is supported by the plaintiffs, the (New York attorney general's) office, the defendants and all of the insurers that, if approved, would provide significant compensation to victims, creditors and the estate and allow the parties to avoid years of costly, time consuming and uncertain litigation on all sides," Adam Harris, a lawyer for studio co-founder Bob Weinstein, told the judge.He cautioned that there was still "a lot of work here to do.""But," he added, "I personally am very optimistic."The size of the settlement was first reported by The Wall Street Journal.More than 15 lawsuits have been filed accusing Harvey Weinstein or the company of misconduct. The settlement would cover many of them, including a class action by alleged victims that accuses the film company of operating like an organized crime group to conceal widespread sexual harassment and assaults.It would also resolve a civil suit by the New York attorney general alleging that Harvey Weinstein's media company, in enabling his mistreatment of women, violated labor laws.The New York attorney general's office declined to comment on the amount of the settlement.Any settlement would need to be approved by the courts.Harvey Weinstein also faces criminal charges in New York of rape and performing a forcible sex act. His trial is scheduled to begin in September. The settlement wouldn't resolve his criminal case.Weinstein denies all allegations of nonconsensual sex.An attorney who represents unsecured creditors in the bankruptcy of the Weinstein film studio, Robert Feinstein, told U.S. Bankruptcy Court Judge Mary Walrath that mediation talks that had broken down a few months ago had recently been restarted.A global settlement of the class action lawsuit and all other legal action against the Weinstein Co. seemed to become possible only in the past few days, he said, though he cautioned that many details remained to be resolved."I think we are poised to get there. I can't assure the court that we will," he said.Harris said the settlement was complex due to the number of claims, and insurance companies, involved."We're dealing with potential claims here that go back . more than 25 years," he said, adding that the nature of the allegations had also made for "a highly charged environment, with very strong feelings on all sides."___Associated Press writer Randall Chase in Dover, Delaware, contributed to this report. 3151
NEW YORK (AP) — Jeffrey Epstein’s former girlfriend has been denied bail and will remain behind bars on charges she recruited girls and women for the financier to sexually abuse more than two decades ago.British socialite Ghislaine Maxwell appeared in a video court hearing in Manhattan, where she pleaded not guilty.Maxwell, 58, has been held without bail since her July 2 arrest at her million-dollar New Hampshire estate.She was charged with recruiting at least three girls, one as young as 14, for Epstein to abuse between 1994 and 1997.An indictment alleged that she helped groom the victims to endure sexual abuse and was sometimes there when Epstein abused them.Epstein killed himself in August 2019 while awaiting sex trafficking charges. 754