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Tag: lawsuit

FBI Asks Judge to Dismiss Lawsuit Over South Carolina Church Shooting

Dylann Roof

Dylann Roof

By Steve Neavling
ticklethewire.com

The FBI is urging a federal judge to dismiss a lawsuit that alleges the bureau should have prevented Dylan Roof from purchasing a gun that was used in last summer’s South Carolina church massacre.

The FBI argues it was unable to take action because of state and federal limits on background checks and local errors in record-keeping, ABC News reports. 

Roof, who is white, shot nine black parishioners inside Emanuel AME Church on June 17, 2015, with a .45-caliber handgun. Family of the victims argue in the lawsuit that Roof was barred from purchasing the gun because of a prior drug arrest.

The FBI responded to the lawsuit Friday, saying FBI negligence was not a factor.

“The shooting at the Emanuel AME Church was an atrocity of unspeakable proportions. The perpetrator’s actions were despicable,” attorneys for the government wrote. “But the United States is not liable in tort for the tragic death of plaintiff’s decedent.”

Suspected Bank Robber Sues FBI, City of Denver for Two False Arrests

bank robberyBy Steve Neavling
ticklethewire.com

A man arrested twice on suspicions of robbing banks has sued the FBI, the city of Denver and its police department, claiming he was falsely arrested and subjected to excessive force and malicious prosecution.

FOX31 reports that officials dismissed bank robbery charges against Steve Tally, who is now homeless and is seeking $10 million.

His lawyers are from the same New York firm that represents the Central Park Five, winning a $40 million judgment.

Talley was arrested for a pair of bank robberies in September 2014.

Prosecutors dismissed the charged after Tally proved his alibi that he was working during the first robbery.

Months later, Tally was arreted again based on FBI facial recognition technology. But an FBI analysis later showed Talley was not the man in the surveillance video.

“He was guilty before he was proven that he was innocent,” bank teller Bonita Shipp said. “He was an innocent man. He didn’t do it.”

Lawsuit: FBI Deliberately Uses Outdated System to Impede FOIA Requests

foiaBy Steve Neavling
ticklethewire.com

A national security researcher is suing the FBI, alleging the bureau uses an antiquated system to deliberately impede requests under the Freedom of Information Act, IDG New Service reports. 

Ryan Shapiro, a Ph.D. candidate at MIT, claims in the lawsuit that the FBI has established “countless means” of impeding FOIA requests, including a reliance on a computer system “designed” to fail.

“When it comes to FOIA, the FBI is simply not operating in good faith,” Shapiro said via email. “Since the passage of the Freedom of Information Act, the FBI has viewed efforts to force bureau compliance with FOIA as a security threat.”

Shapiro said the FBI deliberately refuses to user newer search technologies.

Minnesota Man Sues TSA for Long Lines That Caused Him to Miss Flight

body images airportBy Steve Neavling
ticklethewire.com

A Minnesota man was so angry that he missed his flight that he’s suing the TSA and the Minneapolis-St. Paul Airport.

Hooman Nikizad said he arrived at the airport two hours before his scheduled departure but was stuck in line most of the time, making him miss the flight, CNN reports. 

In the suit, the passenger said only one body scanner was running.

“The [Minneapolis-St. Paul Airport] and TSA have done a very poor job of getting passengers through security,” Nikizad wrote in the claim.

Nikizad wants reimbursed for the flight and is asking for $506.85.

Other Stories of Interest

Rights Group Demands Records about Border Patrol Abuse in Lawsuit

border patrol 3By Steve Neavling
ticklethewire.com

How many complaints were launched Border Patrol agents and how did the agency respond to each allegation?

The American Immigration council sued Customs and Border Protection for records related to the complaints since January 2012, Courthouse News Service reports.

The nonprofit research and legal organization said the agency is longer overdue in responding to a Freedom of Information Act request submitted in October.

The American Immigration Council previously obtained data on 809 complaints of abuse by Border Patrol agents between January 2009 and January 2012.

The records revealed that Customs and Border Protection failed to take action in 97% of the reports of abuse. The most common complaint was “physical abuse.”

     “CBP’s failure to produce the requested records violates FOIA and is impending the Immigration Council’s efforts to assess and inform the public about CBP’s progress, or lack thereof, in developing meaningful and transparent procedures for investigating and resolving complaints of abuse of USBP agents,” the June 6 complaint states.

Judge: Border Patrol Not Liable in Shooting Death of 19-Year-Old U.S. Citizen

Carlos LaMadrid was shot by a Border Patrol agent.

Carlos LaMadrid was shot by a Border Patrol agent.

By Steve Neavling
ticklethewire.com

A Border Patrol agent who fatally shot a man near the order fence in Douglas, Ariz., used justified force, a judge has ruled.

U.S. District Judge James A. Soto said Agent Lucas Tidwell was not liable for the death of a 19-year-old U.S. citizen during a March 2011 shooting, Tucson.com reports. 

The death of Carlos LaMadrid prompted a civil lawsuit by his mother. The suit claims Tidwell was “grossly negligent” when he shot an unarmed LaMadrid.

The judge said Tidwell only fired his gun after rocks were thrown at him.

“A reasonable person in Tidwell’s position would believe that he was facing unlawful deadly physical force where rocks the size of softballs or bricks are being thrown from 15 feet away and 10 feet above you directly at your head at 50 to 60 miles per hour,” Soto wrote.

Other Stories of Interest

Judge: Ex-Mafia Informant Can Sue FBI for Scheming to Imprison Him

judge and gavelBy Steve Neavling
ticklethewire.com

An ex-mafia informant who is suing the federal government and three FBI agents may proceed with a lawsuit that alleges he was thrown in jail despite authorities knowing he was innocent.

The New York Daily News reports that former Bonanno family soldier Joseph Barone Jr. was a mole for 18 years and is thrilled by the judge’s decision Thursday.

“This is wonderful, this is no joke,” Barone said. “I’m nervous, I’m happy, I’m angry still. I’m so thankful to God, and we’ve just got to wait to take the next step.”

Barone claims federal agents leaked his status as an informant after he refused to wear a wire.

The FBI declined to comment.

Justice Department Allows CIA Torture Lawsuit to Proceed in Stunning Reversal

torture1By Steve Neavling
ticklethewire.com

In a stunning reversal, the Justice Department is allowing a lawsuit by alleged victim of the CIA’s torture program to proceed, the New York Magazine reports. 

The lawsuit was filed by the ACLU on behalf of three former CIA prisoners. The suit alleges human right violations by two psychologists and former Air Force trainers whose company received a contract to help the CIA run the program.

The Justice Department previously blocked similar cases by invoking the state-secrets privilege.

The ACLU may have been given a hand by the Senate’s investigation of the torture program, which was released in December. The probe found that torture produced very little useful intelligence.

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