Thursday, November 3, 2011

Court Cases

1. FAA v. Cooper - In 2006, pilot Stanmore Cooper gave information to Social Security, telling them that he was HIV positive in order to receive medical benefits. However, Cooper did not give this information to the FAA. Social Security wrongly released his information to the FAA, leading to Coopers license being suspended. The U.S. court of appeals ruled that Cooper had the right to sue because the exchange of records was improper. This case stood out to me because I really felt that Social Security was so wrong in this situation. Medical records are supposed to be confidential.

2. Kawashima v. Holder - In 1984, Akio Kawashima and Fusako Kawashima, natives and citizens of Japan, were admitted to the United States as lawful permanent residents. Ten years later, in 1994, Akio pleaded guilty to filing a false statement on a federal tax return, and Fusako pleaded guilty to aiding in the false tax return. The couple failed to report $ 245,126 of taxable income from two restaurants they owned. This was considered an aggravated felony, and the courts upheld immigration's process of deporting them. This stood out to me because I totally agree with the ruling. I feel that they should have no chance of ever returning to the U.S. If they did such a bad crime, they should never return.

3. Minneci v. Pollard - 2011 - Richard Lee Pollard, an inmate at a federal prison run by a private company GEO, slipped on a cart and hurt both of his elbows. As GEO employees were transferring him to an outside doctor, he claims he was made to wear a jumpsuit with wrist restraints, despite the fact that he told them it put him in pain. Pollard sued GEO for violating his eighth amendment protection from cruel and unusual punishment. Californias U.S district court dismissed the case. But the U.S. court of appeals reversed, concluding that a federal agent put him Pollard in harm. This case stood out to me because I would have assumed the case would have been thrown out by the appeals court as well. I didn't think they would even listen to this case because it is an inmate vs a federal agent, however, his suit worked. 

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