On the Burke Beat: Law Enforcement Liability Update

Recent Posts

The Ninth Circuit Reaffirms a Key Principle of §1983 Litigation – A Plaintiff Must Present Evidence That a Defendant Actually Participated in the Violation of the Plaintiff’s Rights

By Mitch Wrosch From November 2005 to August 2013, Plaintiff William King was incarcerated at Twin Towers Correctional Facility, a Los Angeles County jail, where he was held as a civil detainee while awaiting the adjudication of an involuntary commitment…

Burke Secures Victory for Detectives at Ninth Circuit in Alleged Wrongful Conviction Case

Background In 1994, John Smith was convicted of murder and attempted murder.  Approximately 15 years later, the main eyewitness in the case, Landu Mvuemba, recanted his testimony. At the time he recanted his testimony, Mvuemba was facing his own criminal…

No Pain, No Gain? A Review of the Physical Injury Requirement under the Prison Litigation Reform Act

In 1996, the Prison Litigation Reform Act (PLRA) was enacted to address the increase of prisoner litigation in federal courts.  One provision of the PLRA states that an inmate cannot seek monetary damages for mental or emotional injuries unless that…