Court Digest

Alabama
11th Circuit Court rejects bias claim by one-time House member
BIRMINGHAM, Ala. (AP) — A Black attorney who represented Alabama in Congress for four terms and ran for governor can’t pursue a racial discrimination claim against the nonprofit legal organization he once headed, a federal appeals court ruled.

The 11th U.S. Circuit Court of Appeals, in a decision Thursday, refused to reinstate Artur Davis’ lawsuit against Legal Services Alabama, which has eight offices statewide and provides legal assistance to the needy in civil matters.

Once a rising star in state and national politics, the 54-year-old Davis worked as executive director of Legal Services Alabama for nine months ending in August 2017 before resigning. He later filed suit claiming he was forced out and treated unfairly because of his race.

But a three-judge panel upheld a lower court’s decision dismissing his lawsuit. It cited a lack of proof that Davis suffered an “adverse employment action” such as a demotion, pay cut or unpaid leave.

The court, in the first ruling of its kind in the 11th Circuit, also disagreed with Davis’ claim that he was wronged by being suspended with pay while the agency reviewed complaints from subordinates. Separately, it rejected Davis’ argument that the organization defamed him by sharing information with a consultant hired to handle public relations related to Davis’ suspension.

The current head of Legal Services Alabama said Friday the agency was pleased with the ruling.

“Our board is comprised of volunteer lawyers and community leaders who take seriously our responsibility to help our clients with their civil legal needs and to comply with all federal laws including employment laws. This decision affirms that our actions in this case were aligned with this value,” said a statement from executive director Guy Lescault.

Davis, who now works as an employment attorney, did not immediately return a telephone message seeking comment.

Davis was first elected to the U.S. House as a Democrat and served from 2003 to 2011. He lost a bid for the Democratic nomination for governor in 2009 in part because of his opposition to then-President Barack Obama’s health care package.

Once dubbed “Alabama’s Obama,” Davis spoke at the Democratic National Convention that nominated Obama but switched to the Republican Party and spoke at the GOP national convention in 2012 in support of Mitt Romney.
Davis later said he was switching back to the Democratic Party and has twice run unsuccessful campaigns for mayor of Montgomery, most recently in 2019.


Virginia
Judge leaves lawsuits against Libyan general Hifter on pause
ALEXANDRIA, Va. (AP) — A federal judge in Virginia on Friday ruled that war-crimes lawsuits against a Libyan military commander who used to live in the U.S. must stay on hold for now to avoid interfering with upcoming presidential elections there.

At a hearing in Alexandria, U.S. District Judge Leonie Brinkema rejected a request to revive the lawsuits against Khalifa Hifter, who has controlled large swaths of the nation during a yearslong civil war.

Brinkema last month paused a trio of civil lawsuits against Hifter, just as he was scheduled to be deposed in them. Hifter has declared himself a candidate for president in elections later this month, and Brinkema said she was concerned that the lawsuits were being used to further political agendas rather than protect victims of torture.

The lawsuits allege that Hifter is responsible for killings and torture of political opponents.

Once a lieutenant to Libyan dictator Moammar Gadhafi, Hifter defected to the U.S. during the 1980s and spent many years living in northern Virginia, where he and his family continue to own extensive property, according to the lawsuits. He is widely believed to have worked with the CIA during his time in exile.

Hifter claimed immunity to the lawsuits as Libyan head of state. But Brinkema rejected those arguments and allowed the lawsuits to proceed. Hifter was due to be deposed when she decided to halt the lawsuits temporarily last month.

Brinkema made clear on Friday, though, that the pause in the lawsuits is only temporary, and that Hifter will have to sit for a deposition shortly after the elections are concluded.

The only hitch, she said, would be if Hifter won the election, which might allow Hifter to raise new claims of immunity. Brinkema said that issue could be dealt with down the road if it comes to fruition.

Lawyers for the plaintiffs had asked the judge to lift the stay, citing in part the fact that a judge has ruled Hifter ineligible for inclusion on the ballot.

But Brinkema said the situation remains too unsettled, and there was no harm in a short delay to get past the elections.

Libya has been wracked by chaos since a NATO-backed uprising toppled Gadhafi in 2011. Over the past decade, the oil-rich nation had been split between a government in the east, backed by Hifter, and a U.N.-supported administration in Tripoli, aided by western-based Libyan militias.

Indiana
Man gets 30 months in prison for defrauding employer
INDIANAPOLIS (AP) — A central Indiana man has been sentenced to 30 months in federal prison after pleading guilty to stealing $270,000 from an ophthalmology practice where he worked through a fraud scheme.

A federal judge also ordered Joshua D. Millspaugh, the former practice administrator for Whitson Vision PC, to pay $270,000 in restitution and be supervised for three years following his release from prison.

Millspaugh, 42, had pleaded guilty to wire fraud charges, the U.S. Attorney’s Office said Thursday.

The office said in a news release that the Westfield man was responsible for Whitson Vision’s payroll processing, purchasing and bill payment. Despite receiving an annual salary of over $100,000, prosecutors said he diverted money from the company accounts to himself over a period of more than five years.

Millspaugh used his access to company accounts to divert company money to himself through more than 500 transactions and used the money for personal purchases, to pay his own bills and send extra payroll checks to his bank account, prosecutors said.

He concealed the transactions with false entries in the company’s books and through fictitious justifications when asked about the expenditures, the Indianapolis Business Journal reported.

Dr. William Whitson, owner of Whitson Vision, told the court before sentencing that Millspaugh’s crimes resulted in credit, banking and morale problems for his company and harmed its reputation.


Washington
Murder sentence reduced after high court drug ruling
EVERETT, Wash. (AP) — The prison sentence for a man convicted of murder was reduced by more than seven years Thursday, following a recent Washington state Supreme Court decision.

A jury in 2019 found Matthew McGowan guilty of first-degree murder for tying Michael Boone to a tree and leaving him to die in the cold at a secluded homeless camp in Everett. He was sentenced to 45 years, the Everett Herald reported.

About a year later, the state Supreme Court struck down Washington’s main drug possession statute. The ruling, known as the Blake decision, rendered one of McGowan’s prior convictions moot, an appeals court decided.

That changed the sentencing range for McGowan. Under state guidelines, he faced a minimum of 34 years to 45 years — the sentence he received. The Blake decision reduced both ends of the range by about three years.

Snohomish County Superior Court Judge Bruce Weiss handed McGowan a sentence of over 38 years Thursday. McGowan’s defense attorney pushed for just under 31 years in prison. A deputy prosecutor pushed for more than 41 years.

Hundreds of local defendants could get resentenced under the Blake ruling, Snohomish County Prosecutor Adam Cornell said Thursday. There are already about 200 pending resentencing. That number will only grow, he said.

“It’s going to take years,” Cornell said.

New York
Court hears arguments in Trump rape accuser’s lawsuit
NEW YORK (AP) — Lawyers for former President Donald Trump appeared before a federal appeals court Friday to argue that the U.S. government should take his place as the defendant in a defamation lawsuit filed by a writer who accused him of rape.

The Republican’s attorneys told the judges he isn’t trying to dodge personal liability in the lawsuit by the columnist E. Jean Carroll. He just wants to keep future presidents from being burdened by legal claims, they said.

“This is not political. This is not about being a Democrat or a Republican. It is solely to protect the presidency as an institution,” attorney Alina Habba said.

Carroll sued Trump  in 2019, saying he slandered her by denying her allegation that he raped her in a New York City department store in the 1990s. Trump said she was “totally lying” and was “not my type,” among other remarks.

In the final months of the Republican’s presidency, the Justice Department sought to replace him as defendant  in the case, saying he was acting within the scope of his office in responding to Carroll’s allegations. The Justice Department has maintained its position during Democratic President Joe Biden’s administration.

Federal law makes it difficult to sue U.S. government employees individually for actions related to their jobs.

If the government prevails in taking Trump’s place, the change could lead to the dismissal of the case.  Federal courts historically haven’t permitted defamation claims against federal employees for actions taken in their official capacity.

Justice Department lawyer Mark Freeman told the 2nd U.S. Circuit Court of Appeals of Friday he wasn’t out to “defend or justify” Trump’s comments, calling them “crude and offensive.”

“I’m here because any president facing a public accusation of this kind, with the media very interested, would feel obliged to answer questions from the public, answer questions from the media,” Freeman said.

“When somebody says he did a heinous crime 20 years ago, he needs to address it,” Habba added, saying that Carroll’s claims essentially assailed Trump’s fitness for office. Carroll’s lawyers, however, argue that Trump’s response went beyond any job obligation.

“A White House job is not a promise of an unlimited prerogative to brutalize someone who was a victim of a prior attack,” attorney Joshua Matz said.

It’s not clear how soon the appeals court will decide.

The Associated Press generally does not identify people who say they have been sexually assaulted unless they choose to tell their stories publicly, as Carroll has done.