Gabriel Malor

@gabrielmalor.bsky.social

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Oklahoman in Virginia. Attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. [email protected]

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Look at these that a friend made for me!

Bro is posting pics from a hard drive he found from 15 years ago. I gotta say, aside from my tendency to leave clothes on the floor, I was a snack.

The only reason I know my Ma-in-law was here is she left me an Oklahoma rose rock just sitting on the sill. (She's the only Oklahoman on the DH's side of the family.)

10th Cir., 2-1, holds that sheriff was acting within the scope of his policymaking authority when he sexually assaulted an intellectually disabled prisoner while transporting her between county jails. Held: the county is on the hook. REVERSED and REMANDED. www.ca10.uscourts.gov/sites/ca10/f...

DC Cir. holds that two scientists that weren't picked for EPA's Clean Air Scientific Advisory Committee don't have standing to sue over their being passed over. Held: you dumb motherfuckers. www.cadc.uscourts.gov/internet/opi...

Reply to

Ana Marie Cox

My red-tagged, sickly, grocery-store orchid that BFF got me as a joke grew a new spike and re-flowered.

8th Cir. declines to review a denial of QI for officer who claimed he had to shoot a suicidal man because he was pointing a gun at officers *through his own head*. No QI (at this point). media.ca8.uscourts.gov/opndir/24/07...

7th Cir. revives a lawsuit from a buyer who claims Walmart charges different prices at the register than the tags say on the shelf. media.ca7.uscourts.gov/cgi-bin/Opin...

Reply to

Darrel Plant

1st Cir. holds that "climate refugees" is not a cognizable "particular social group" in Guatemalan society, and so cannot be the basis of a valid claim for asylum in the U.S. (This is the first of several "climate refugee" cases pending in circuit courts.) www.ca1.uscourts.gov/sites/ca1/fi...

👉It's Always The FBI👈 www.ca1.uscourts.gov/sites/ca1/fi...

Peacock has chosen "Leeloo Dallas mul tee pass" for its Fifth Element splash, and I completely approve.

4th Cir. upholds joint and several liability for compensatory damages in lawsuit against the Charlottesvile Unite the Right racists. And increases the punitive damages to $350,000 per plaintiff. www.ca4.uscourts.gov/opinions/231...

My Ma and I realizing we forgot to discuss one of our shows on our call.

?!?!? Neutral ground?

On the one hand, they got me. On the other hand, damn near half the U.S. is me.

Fed. judge rules that Indiana's new law requiring websites that have at least one-third content deemed to be harmful to minors (read: porn) likely violates the First Amendment. PI granted. assets.freespeechcoalition.com/documents/le...

6th Cir. reinstate's Tennessee's policy of requiring voters with felonies to provide eligibility documentation with their voter registration forms. Cites the Purcell principle and doubt that NAACP has standing. www.opn.ca6.uscourts.gov/opinions.pdf...

On the issue of standing, the Court cites SCOTUS' recent rejection of standing for the doctors' group that tried to ban medication abortion. "If the associations’ expenditures did not suffice in that case, why should the NAACP’s expenditures suffice in this one?"

ACLU of Michigan has won a settlement on behalf of a man who was wrongly arrested based on the Detroit PD's use of facial recognition tech. The terms (pictured) restrict the future use of this tech for four years. www.aclumich.org/en/press-rel...

I think my patience is running pretty short today, but FOR THE LOVE OF GOD it's spelled out as plain as day in the FRAP and it is well-known and obvious that this will tank your case, and your clients should be suing the fuck out of you. www.ca10.uscourts.gov/sites/ca10/f...

FRAP 28(a).

8th Cir. revives a Title VII discrimination claim from a physical therapist who received a religious accommodation not to be vaccinated for COVID-19, but who then claimed a masking requirement caused her to be embarrassed and uncomfortable around coworkers. media.ca8.uscourts.gov/opndir/24/06...

7th Cir., not treading any new ground, reaffirms that an open-air dog sniff conducted during an ordinary traffic stop on a public road is not a "search" for Fourth Amendment purposes bc there's no reasonable expectation of privacy there. media.ca7.uscourts.gov/cgi-bin/Opin...

DC Cir. affirms the sentence of a Jan. 6 rioter who contested the application of a sentencing enhancement for aggravated assault. Held: "aggravated assault" includes assault with the intent to commit another felony like, here, civil disorder. www.cadc.uscourts.gov/internet/opi...

Reply to

Gabriel Malor

Here's Justice Jackson on the electoral vote documents:

oh my god now there's a "future of prison" startup that says it will use AI and brain implants to plant fake memories into the brains of criminals, "rehabilitating" them in minutes instead of years and I am going to spend the rest of the day screaming now sciencetimes.com/articles/509...

Cognify: Revolutionary Prison Concept Uses AI and Brain Implants to Fast-Track Criminal Rehabilitationsciencetimes.com Discover how AI and brain implants are transforming rehabilitation. Read more on Cognify's innovative prison concept now!

5th Cir., 2-1, rejects an insurance appeal in which plaintiff attempted to get around the courts' unanimous conclusion that COVID-19 does not work a "physical harm" to property by alleging that COVID-19's “spike proteins” adhere to surfaces and alter them. www.ca5.uscourts.gov/opinions/pub...

Oh boy, we're getting a rare July decision day from SCOTUS.