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Innovation is moving fast across most sectors, but in healthcare we are really seeing how tantalisingly close we are to solving some of our most enduring health problems, and we're advancing at a fast clip. We talk about the leaps and bounds that we've come over the past decade in treating and finding cures for notorious ailments, how patient selection is an often overlooked but crucial part of the drug discovery process, and why we should be optimistic about our ongoing combat against disease. The post Hakan Goker & Owen Lozman: M Ventures appeared first on CVC Unplugged.
Dr. Michael Lozman joins the show live to talk about his vision for the Capital District Jewish Holocaust memorial and its beginnings in 17 years of working to restore Jewish cemeteries in Eastern Europe. For more information, see https://www.cdjhm.org/; https://dailygazette.com/2022/04/28/niskayuna-holocaust-remembrance-ceremony-stresses-need-to-stand-up-to-hate/.
Eric reviews the US Supreme Court cases of Lozman v. City of Riviera Beach and Nieves v. Bartlett to highlight the challenges of First Amendment retaliation claims and how these may impact law enforcement operations.
Attorney Daigle reviews the U.S. Supreme Court decisions in Lozman v. City of Riviera Beach and Nieves v. Bartlett to highlight some of the challenges facing law enforcement in relation to the First Amendment.
On June 18, 2018, the Supreme Court decided Lozman v. City of Riviera Beach, FL, a case involving a claim of retaliatory arrest in violation of the First Amendment. Fane Lozman moved to Riviera Beach, FL in 2006, where he lived on a floating home in the Riviera Beach Marina--a part of the city designated for redevelopment under the City’s new redevelopment plan that would use eminent domain to revitalize the waterfront. After hearing news of the plan, Lozman became an “outspoken critic,” and filed suit against the City in June 2006 after a special City Council emergency meeting to push through the redevelopment plan before the Governor of Florida signed a bill into law that would prohibit the use of eminent domain for private development. Later at a public City Council meeting in November 2006, Lozman began to discuss the arrest of a former county official during the public comments portion of the meeting. He was interrupted by a member of the City Council, who, after exchanging words with Lozman, called a city police officer to dismiss Lozman from the podium. Lozman refused to leave the podium without finishing his comments, the police officer warned him that he would be arrested if he did not comply, and, upon the continuance of his comments, Lozman was arrested for disorderly conduct and resisting arrest without violence (charges later dismissed). In 2008, Lozman filed suit in federal district court against the City of Riviera Beach, claiming that his arrest had constituted unlawful retaliation by the City due to Lozman’s earlier opposition to the redevelopment plan. The jury found that the arrest had been supported by probable cause, which the District Court concluded must defeat Lozman’s First Amendment claim of retaliatory arrest. The U.S. Court of Appeals for the Eleventh Circuit affirmed that judgment, but the Supreme Court then granted certiorari to address whether the existence of probable cause defeats a First Amendment claim for retaliatory arrest.By a vote of 8-1, the Supreme Court vacated the judgment of the Eleventh Circuit and remanded the case. In an opinion delivered by Justice Kennedy, the Court held that the existence of probable cause for Lozman’s arrest for disrupting a city council meeting did not bar his First Amendment retaliatory arrest claim under the circumstances of this case. Justice Kennedy’s majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Gorsuch. Justice Thomas filed a dissenting opinion. To discuss the case, we have Lisa Soronen, Executive Director of the State & Local Legal Center.
On June 18, 2018, the Supreme Court decided Lozman v. City of Riviera Beach, FL, a case involving a claim of retaliatory arrest in violation of the First Amendment. Fane Lozman moved to Riviera Beach, FL in 2006, where he lived on a floating home in the Riviera Beach Marina--a part of the city designated for redevelopment under the City’s new redevelopment plan that would use eminent domain to revitalize the waterfront. After hearing news of the plan, Lozman became an “outspoken critic,” and filed suit against the City in June 2006 after a special City Council emergency meeting to push through the redevelopment plan before the Governor of Florida signed a bill into law that would prohibit the use of eminent domain for private development. Later at a public City Council meeting in November 2006, Lozman began to discuss the arrest of a former county official during the public comments portion of the meeting. He was interrupted by a member of the City Council, who, after exchanging words with Lozman, called a city police officer to dismiss Lozman from the podium. Lozman refused to leave the podium without finishing his comments, the police officer warned him that he would be arrested if he did not comply, and, upon the continuance of his comments, Lozman was arrested for disorderly conduct and resisting arrest without violence (charges later dismissed). In 2008, Lozman filed suit in federal district court against the City of Riviera Beach, claiming that his arrest had constituted unlawful retaliation by the City due to Lozman’s earlier opposition to the redevelopment plan. The jury found that the arrest had been supported by probable cause, which the District Court concluded must defeat Lozman’s First Amendment claim of retaliatory arrest. The U.S. Court of Appeals for the Eleventh Circuit affirmed that judgment, but the Supreme Court then granted certiorari to address whether the existence of probable cause defeats a First Amendment claim for retaliatory arrest.By a vote of 8-1, the Supreme Court vacated the judgment of the Eleventh Circuit and remanded the case. In an opinion delivered by Justice Kennedy, the Court held that the existence of probable cause for Lozman’s arrest for disrupting a city council meeting did not bar his First Amendment retaliatory arrest claim under the circumstances of this case. Justice Kennedy’s majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Gorsuch. Justice Thomas filed a dissenting opinion. To discuss the case, we have Lisa Soronen, Executive Director of the State & Local Legal Center.
On Tuesday, June 19th, 2018, the Supreme Court handed down two decisions in Lozman v. Riviera Beach, and Chavez-Mendez v. United States. In Lozman, the Court vacated the appelate court's ruling and remanded. In a majority opinion authored by Justice Kennedy, the Court held probable cause did not necessarily defeat a First Amendment retaliatory arrest claim. Justice Thomas wrote the lone dissent. In Chavez-Mendez, the Court decided 5-3 that because the lower court judge had a reasoned basis for his decision, the judge's explanation for reducing Chavez-Meza's sentence under 18 U.S.C. section 358(c)(2) was permissible. Matthew Wilkins joins us to discuss the decisions and their implicationsFeaturing: Matthew Wilkins, Law Clerk, United States District Court of the District of Columbia Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
On Tuesday, June 19th, 2018, the Supreme Court handed down two decisions in Lozman v. Riviera Beach, and Chavez-Mendez v. United States. In Lozman, the Court vacated the appelate court's ruling and remanded. In a majority opinion authored by Justice Kennedy, the Court held probable cause did not necessarily defeat a First Amendment retaliatory arrest claim. Justice Thomas wrote the lone dissent. In Chavez-Mendez, the Court decided 5-3 that because the lower court judge had a reasoned basis for his decision, the judge's explanation for reducing Chavez-Meza's sentence under 18 U.S.C. section 358(c)(2) was permissible. Matthew Wilkins joins us to discuss the decisions and their implicationsFeaturing: Matthew Wilkins, Law Clerk, United States District Court of the District of Columbia Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
First amendment retaliation, under narrow circumstances in this case.
Maybe a 6 out of 10? Depends on how you feel about lawsuits destined to fail, since this week we are covering sovereign immunity and the inherently futility of trying to hold the government accountable for bad actions. Brett and Nazim discuss the cases of Kisela v. Hughes (do police get qualified immunity for shooting people?) and Lozman v. City of Riviera Beach (can the government stop your free speech rights by arresting you if you kind of deserve to be arrested). Law starts at (05:50).
On February 27, 2018, the Supreme Court heard argument in Lozman v. City of Riviera Beach, Florida, a case involving a First Amendment retaliatory arrest claim. Fane Lozman moved to Riviera Beach, Florida in 2006, where he lived on a floating home in the Riviera Beach Marina. Shorty after moving to Riviera Beach, Lozman learned of the City’s new redevelopment plan for the Marina, which, by using eminent domain, sought to revitalize the waterfront. Lozman, who opposed this plan, became known as an “outspoken critic.” During the finalization of the redevelopment plan, the state legislature passed a bill prohibiting the use of eminent domain for private development; however, in order to push through the plan, the Riviera Beach City Council held a special emergency meeting the day before the Governor signed the bill into law. In response, Lozman filed suit against the City in June 2006. At a City Council regular public session in November 2006, Lozman was granted permission to speak during the “non-agenda” public comments portion of the meeting. Lozman’s comments were interrupted by a member of the City Council, who, after a quick interchange with Lozman, called a city police officer to dismiss Lozman from the podium. Lozman refused to be seated without finishing his comments, and the police officer warned him that he would be arrested if he did not comply. Lozman continued his comments, was arrested, and was charged with disorderly conduct and resisting arrest without violence. These charges were later dismissed.In 2008, Lozman filed suit in district court against the City of Riviera Beach, arguing that his arrest had constituted unlawful retaliation by the City because of Lozman’s earlier opposition to the redevelopment plan. A jury found in favor of the City, however, and the U.S. Court of Appeals for the Eleventh Circuit affirmed that judgment. The jury’s determination that the arrest had been supported by probable cause, the court concluded, defeated Lozman’s First Amendment retaliatory arrest claim as a matter of law. The federal circuit courts of appeals have divided on that issue, however, and the Supreme Court subsequently granted certiorari to address whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law.To discuss the case, we have Lisa Soronen, Executive Director of the State & Local Legal Center.
On February 27, 2018, the Supreme Court heard argument in Lozman v. City of Riviera Beach, Florida, a case involving a First Amendment retaliatory arrest claim. Fane Lozman moved to Riviera Beach, Florida in 2006, where he lived on a floating home in the Riviera Beach Marina. Shorty after moving to Riviera Beach, Lozman learned of the City’s new redevelopment plan for the Marina, which, by using eminent domain, sought to revitalize the waterfront. Lozman, who opposed this plan, became known as an “outspoken critic.” During the finalization of the redevelopment plan, the state legislature passed a bill prohibiting the use of eminent domain for private development; however, in order to push through the plan, the Riviera Beach City Council held a special emergency meeting the day before the Governor signed the bill into law. In response, Lozman filed suit against the City in June 2006. At a City Council regular public session in November 2006, Lozman was granted permission to speak during the “non-agenda” public comments portion of the meeting. Lozman’s comments were interrupted by a member of the City Council, who, after a quick interchange with Lozman, called a city police officer to dismiss Lozman from the podium. Lozman refused to be seated without finishing his comments, and the police officer warned him that he would be arrested if he did not comply. Lozman continued his comments, was arrested, and was charged with disorderly conduct and resisting arrest without violence. These charges were later dismissed.In 2008, Lozman filed suit in district court against the City of Riviera Beach, arguing that his arrest had constituted unlawful retaliation by the City because of Lozman’s earlier opposition to the redevelopment plan. A jury found in favor of the City, however, and the U.S. Court of Appeals for the Eleventh Circuit affirmed that judgment. The jury’s determination that the arrest had been supported by probable cause, the court concluded, defeated Lozman’s First Amendment retaliatory arrest claim as a matter of law. The federal circuit courts of appeals have divided on that issue, however, and the Supreme Court subsequently granted certiorari to address whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law.To discuss the case, we have Lisa Soronen, Executive Director of the State & Local Legal Center.
On Trimmel Gomes' latest episode of The Rotunda, the Legislature's response to the shooting at Marjory Stoneman Douglas High School dominates the final week of 2018 legislative session. Gomes follows the negotiations during the gun debate plus he talks with Rep. Kimberly Daniels, D-Jacksonville, about her bill that requires public schools to display the motto “In God We Trust.” Gomes also chats with Rep. Emily Slosberg, D-Delray Beach about her attempt to fully ban texting while driving. Gomes also features an interview with Fane Lozman, a corruption-fighting activist, who has seen two of his many cases get argued before the U.S. Supreme Court. Lozman talks about the importance of free speech.The Rotunda podcast is available each Monday via iTunes, Stitcher or Soundcloud. Follow on @RotundaPodcast on Twitter and visit www.rotundapodcast.com for daily updates.
On Trimmel Gomes’ latest episode of The Rotunda, the Legislature’s response to the shooting at Marjory Stoneman Douglas High School dominates the final week of 2018 legislative session. Gomes follows the negotiations during the gun debate plus he talks with Rep. Kimberly Daniels, D-Jacksonville, about her bill that requires public schools to display the motto “In God We Trust.” Gomes also chats with Rep. Emily Slosberg, D-Delray Beach about her attempt to fully ban texting while driving. Gomes also features an interview with Fane Lozman, a corruption-fighting activist, who has seen two of his many cases get argued before the U.S. Supreme Court. Lozman talks about the importance of free speech. The Rotunda podcast is available each Monday via iTunes, Stitcher or Soundcloud. Follow on @RotundaPodcast on Twitter and visit www.rotundapodcast.com for daily updates.
Lozman v. Riviera Beach | 02/27/18 | Docket #: 17-21
A case in which the Court held that the definition of vessel under 1 U.S.C. §3 is too broad and not any floating structure is considered a vessel.
Lozman v. Riviera Beach | 10/01/12 | Docket #: 11-626