Constitutional Cases
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Constitutional

Commonwealth Court of Pennsylvania
Uncategorized

Kapish v. Bureau of Driver Licensing — Ten-Year Court-Caused Delay in License Suspension Hearing Mandates Reversal Under Middaugh Due Process Test

The Commonwealth Court of Pennsylvania reversed the denial of a license suspension appeal, holding that Court Administration’s ten-year failure to schedule a hearing — despite repeated court orders to do so — constituted an extraordinary government-caused delay that violated the licensee’s due process rights under the Middaugh framework and mandated dismissal of the suspension.

Ninth Circuit
Uncategorized

Ciria v. Gerrans — Ninth Circuit Denies Qualified Immunity to SFPD Inspectors Who Allegedly Fabricated Evidence Leading to 32-Year Wrongful Imprisonment

The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria’s 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.

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