USLegal Reporter » Civil Immunity

Nebraska Man Abandons 9 Children Under State Safe Haven Law

Dana Altman — Thu, 02 Oct 2008 15:15:46 +0000

Described as being “overwhelmed”, a Nebraska resident, Gary Staton, took his children to a local hospital and walked away free from prosecution under the protection of the state’s safe haven law, which covers minors up to the age of 19. All states have similar laws, which were originally enacted to protect infants in immediate danger from being abandoned in dumpsters and left elsewhere to die.

Staton’s wife died from a brain aneurysm 17 months ago, days after delivering the youngest child. Nebraska’s governor has urged legislators to amend the law to apply to newborns and prevent it from being used in cases of unruly or defiant children.

Source: http://www.ketv.com/cnn-news/17553170/detail.html

Bush Signs New Surveillance Bill into Law, Lawsuit Follows

carrie — Thu, 10 Jul 2008 21:01:48 +0000

President Bush today signed into law the Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2008. The legislation overhauls US wiretapping and surveillance laws.

Most notably, the (FISA) Amendments Act contains two key provisions. One now expands the power of the nation’s intelligence agencies to eavesdrop on the communications of suspected terrorists under emergency circumstances without a court order, but stipulates that the agencies must go through a FISA court in order to obtain permission to conduct routine electronic surveillance. Also, the bill provides retroactive immunity to telecom companies from invasion of privacy lawsuits brought by individuals concerned over the industry’s participation in warrantless surveillance under the Bush Administration.

On the heels of the President signing the legislation, The American Civil Liberties Union, Amenesty International, Human Rights Watch, and other civil liberty groups filed a lawsuit in Manhattan federal court over concerns that the legislation threatens American’s privacy.

Sources: http://www.whitehouse.gov/news/releases/2008/07/20080710-2.html, http://www.nytimes.com/2008/07/10/washington/10fisa.html?bl&ex=1215748800&en=bfa61dce8f16e341&ei=5087%0A, http://www.reuters.com/article/politicsNews/idUSN1044211720080710

Senate Approves Surveillance Legislation without Amendments

Della Sellers — Wed, 09 Jul 2008 21:55:07 +0000

The US Senate Wednesday rejected proposed amendments to legislation that would amend the Foreign Intelligence Surveillance Act but limit civil immunity for telecommunication companies that participated in the government’s warrantless wiretapping program.

After President Bush threatened to veto any legislation that did not offer full immunity, the Senate approved the bill to overhaul eavesdropping rules and regulations complete with an immunity provision. The President is expected to sign the legislation soon.

Source: http://jurist.law.pitt.edu/paperchase/2008/07/senate-rejects-bid-to-deny-immunity-for.php

Bush Threatens to Veto Surveillance Legislation if Amendment Included

Della Sellers — Tue, 08 Jul 2008 20:01:24 +0000

The Director of National Intelligence Jack McConnell and Attorney General Michael Mukasey sent a letter Monday on behalf of the Bush Administration to Senate Majority Leader Harry Reid threatening to veto surveillance legislation the House of Representatives recently passed if the Senate approves a version with certain amendments.

The Bingaman Amendment to the Foreign Intelligence Surveillance Act would eliminate the immunity included in the compromise legislation for participation in the warrantless wiretapping program by telecommunications companies if the Inspector General decides the government’s surveillance program was illegal. The Senate is scheduled to vote on the amendment and legislation next week.

Source: http://jurist.law.pitt.edu/paperchase/2008/07/bush-calls-on-congress-to-reject-fisa.php

Texas Enacts Shoot First Law

Dana Altman — Thu, 29 Mar 2007 21:28:40 +0000

Effective September 1, 2007, it will be legal for Texas residents to use deadly force to respond to threats to their homes, cars, and at their workplace. Texans will have civil immunity to use reasonable deadly force to defend themselves as long as they don’t use it to provoke and the victim is committing a Class C misdemeanor. Other states with similar laws include Georgia, Florida, Misisisippi, Alabama, Indiana, Kentucky, and South Dakota.

Source= http://jurist.law.pitt.edu/paperchase/2007/03/texas-governor-signs-shoot-first-law.php