News Roundup

Published for NC Criminal Law on March 08, 2024.

A bill to “recriminalize” the possession of certain dangerous drugs is moving forward in Oregon. Oregon became the first state to decriminalize the possession of drugs such as cocaine, methamphetamine, heroin, and fentanyl when voters approved of a 2020 ballot initiative, with 58% in favor. If Governor Tina Kotek signs the new legislation (she states she will), possession of these drugs will again be classified as a misdemeanor. The new law would provide for a range of responses, including treatment alternatives to incarceration, diversionary options such as conditional discharges, and up to 180 days in jail. Proponents argue that the surge in fentanyl overdoses requires that penalties be reinstated, while others argue that decriminalization was not the cause of increased fentanyl use. Read on for more criminal law news. Police officers found liable in large Colorado judgment. In the aftermath of the murder of George Floyd, there was renewed interest in the doctrine of qualified immunity. Many believed it had become too difficult to hold officers accountable in federal court. In order to prevail, a plaintiff has to demonstrate the officer’s conduct violated “clearly established law,” a high bar. In late 2020, Colorado became the first state to give individuals the right to sue police officers in state court for violations of the state constitution. This week, a 78-year-old woman named Ruby Johnson became the first plaintiff to prevail under this new law, obtaining a 3.76 million dollar judgment against two Denver police officers. The case involved the wrongful search of [...]