Justices | Judiciary.org

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not.

The case involves an online payday lending operation of the Lac du Flambeau Band of Lake Superior Chippewa Indians. Brian Coughlin borrowed money from the Band’s lending operation. When he then filed for bankruptcy the Band ignored the … Read the rest

Supreme Court

Justices to hear procedural question in Maryland prison-assault case

Kevin Younger was detained before trial at a state prison in Baltimore, Maryland. While Younger in custody, a prison official, Neil Dupree, directed three prison guards to attack Younger and other inmates. The guards beat Younger viciously, leaving him unconscious and bleeding profusely. Younger suffered permanent injuries to his face, wrist, ribs, hand, and leg.

Younger filed a federal civil rights claim against Dupree, alleging that the use of excessive force against him violated his constitutional rights. In the … Read the rest