This is Part II of our continued discussion of Civil Right Litigation under 42 U.S.C. 1983 as presented at the Lawyers Club of Cincinnati by Paul M. Laufman of Laufman & Napolitano, LLC. Once I’ve got a client, who do I sue? 1. Individual liability under section 1983 a. An individual sued must have actually done something in order to … Read More
Civil Rights Litigation under 42 U.S.C. 1983: Prosecuting the Powerful on Behalf of the Powerless Pt. 1
The following is an excerpt from a presentation at the Lawyers Club of Cincinnati given by Paul M. Laufman of Laufman & Napolitano. We will be sharing other excerpts from this presentation over the next few weeks. Part 1: Nuts and Bolts of Section 1983 Litigation Every person who, under color of any statute, ordinance, regulation, custom, or usage, of … Read More
The Difference between DUI, OVI, Physical Control of a Vehicle While Impaired and Public Intoxication
Every state has their own laws for those alleged to be driving under the influence of alcohol. The common name for this charge is “Driving Under the Influence” (DUI). But in Ohio it is known as “Operating a Vehicle While Impaired” (OVI). Although still commonly referred to as DUI, the Ohio legislature changed the name to OVI in 2003 to … Read More
What You Need to Know About Bail
Bail is a monetary fee that allows a person charged with a crime to be released from jail pending the outcome of their case. In general, non-serious crimes often allow defendants to post bail immediately. However, defendants charged with more serious crimes are detained until a bail hearing is held. The cost and conditions of bail (also commonly referred to … Read More
Types of Injuries that Qualify for Workers’ Compensation Claims
In Ohio, any employee injured on the job is eligible to file a workers’ compensation claim. And it doesn’t matter where you are, whether the injury occurs at the worksite or while running an errand for the boss, so long as you are in the “scope of employment” at the time. The truth is that many workers’ compensation claims are … Read More
Open Discovery Works
It is time for Southwest Ohio to get on board with open discovery. As stated in this article (http://blog.cleveland.com/metro/2009/02/prosecutor_bill_mason_to_offer.html), prosecutors all over the state are respecting the rights of the accused in their counties and turning over material evidence to defense attorneys early in litigation. In the process, defendants’ rights are being protected, costs are lowered, and societal trust in … Read More
Tips for getting the most value out of your legal representation
In these difficult economic times, getting the most value for your expense is more important. Keep the following in mind when utilizing legal services to ensure you receive quality representation at good value. Be prepared. Take the time to become acquainted with the circumstances of your case. The more knowledgeable you are about your case, the better able you will … Read More
Government Unchecked in Warrantless Search
Big Brother is watching. And their power to search you without a warrant may have just gotten broader. http://news.cincinnati.com/apps/pbcs.dll/article?AID=/20080712/NEWS0107/807120324 The Sixth Circuit Court of Appeals held last week that a challenge to the government’s power to review your private emails without a warrant was not ready to be considered. But, if the Court does not re-address the issues raised, this … Read More
Choose Your Criminal Defense Attorney Wisely
Choosing the right criminal defense attorney is often one of the most important decisions a person can make when accused of committing a crime. Defendants often think they do not have the money to hire their own criminal defense attorney, even though they have family and friends who could help and are never asked. You need a criminal defense attorney who has … Read More
How we spend our time
The most recent figures from the U.S. Department of Labor/Bureau of Labor Statistics concerning how we Americans spend our time are interesting. Looking at households with persons aged 25 – 54 with at least one child under the age of 18, the average numbers are: Hours Working 8.2 Sleeping 7.6 Leisure and sports 2.6 Other 2.4 Caring for others … Read More