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Judge Jane Magnus-Stinson dismissed IMPD from the lawsuit, citing that city agencies are protected from certain laws

INDIANAPOLIS A judge has dismissed IMPD from a wrongful death lawsuit in the shooting death of Dreasjon Reed.

The lawsuit alleges four IMPD officers, the city of Indianapolis and IMPD used "excessive force" in violating Reed's Fourth Amendment rights.

The four officers listed are IMPD Chief Randal Taylor, IMPD Deputy Chief Kendale Adams, IMPD Officer De'Joure Marquise Mercer, and IMPD Officer Steven Scott.

IMPD claims Reed was running from police, shot at an officer, and the officer returned fire, killing Reed. The incident was caught on a live video on Facebook that Reed was filming at the time.

Reed's mother, Demetree Wynn, filed the federal lawsuit in June.

On Tuesday, Oct. 27, Judge Jane Magnus-Stinson dismissed IMPD from the lawsuit, citing that city agencies are protected from certain laws.

"Defendants argue that the IMPD is not a suable entity, and therefore all claims against it must be dismissed. [Filing No. 16 at 3.] Specifically, Defendants assert that although municipal corporations have the capacity to sue and be sued under Indiana law, their individual departments and agencies do not, and courts have consistently recognized that the IMPD is not suable except in the context of lawsuits for access to public records, which is not the case here."

Here are the claims that have been dismissed from the lawsuit:

Following the court's decision, here is what remains in the wrongful death lawsuit:

Continued here:
IMPD dismissed from Dreasjon Reed lawsuit - WTHR

In this Novembers general election, voters will get to decide the fate of six statewide amendments to the Constitution of Alabama.

Yellowhammer News has prepared a guide to each statewide amendment and its impact on Alabama if enacted.

The six amendments mentioned will be on every ballot handed to an Alabamian on Election Day. Other local amendments may appear on the ballot in certain counties.

How the first amendment will appear on the ballot:

Proposing an amendment to the Constitution of Alabama of 1901, to amend Article VIII of the Constitution of Alabama of 1901, now appearing as Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to provide that only a citizen of the United States has the right to vote.

More directly, the Alabama constitution would be changed to say only a citizen of the United States who meets certain qualifications has the right to vote

It currently says every citizen of the United States who meets certain qualifications has the right to vote.

The change that would occur if Amendment 1 passes is primarily technical; legal scholars agree current Alabama law permits only citizens to vote. Proponents of the amendment say the change is a needed clarification.

Alabama Senate Pro Tem. Del Marsh (R-Anniston) sponsored Amendment 1, and it passed the upper chamber unanimously. Marsh told Yellowhammer News at the time that his goal was to affirm that only citizens can vote in Alabamas elections.

How the second amendment will appear on the ballot:

Proposing an amendment to the Constitution of Alabama of 1901, to increase the membership of the Judicial Inquiry Commission and further provide for the appointment of the additional members; further provide for the membership of the Court of the Judiciary and further provide for the appointment of the additional members; further provide for the process of disqualifying an active judge; repeal provisions providing for the impeachment of Supreme Court Justices and appellate judges and the removal for cause of the judges of the district and circuit courts, judges of the probate courts, and judges of certain other courts by the Supreme Court; delete the authority of the Chief Justice of the Supreme Court to appoint an Administrative Director Courts; provide the Supreme Court of Alabama with authority to appoint an Administrative Director of Courts; require the Legislature to establish procedures for the appointment of the Administrative Director of Courts; delete the requirement that a district court hold court in each incorporated municipality with a population of 1,000 or more where there is no municipal court; provide that the procedure for the filling of vacancies in the office of a judge may be changed by local constitutional amendment; delete certain language relating to the position of constable holding more than one state office; delete a provision providing for the temporary maintenance of the prior judicial system; repeal the office of circuit solicitor; and make certain nonsubstantive stylistic changes.

The Fair Ballot Commission summarized in plain language the six primary changes that would be made by Amendment 2:

1. It provides that county district courts do not have to hold city court in a city with a population of less than 1,000.

2. It allows the Alabama Supreme Court, rather than the chief justice, to appoint the administrative director of courts.

3. It increases from nine to 11 the total membership of the Judicial Inquiry Commission and determines who appoints each member (the Judicial Inquiry Commission evaluates ethics complaints filed against judges).

4. It allows the governor, rather than the lieutenant governor, to appoint a member of the Court of the Judiciary (the Court of the Judiciary hears complaints filed by the Judicial Inquiry Commission).

5. It prevents a judge from being automatically disqualified from holding office simply because a complaint was filed with the Judiciary Inquiry Commission.

6. It provides that a judge can be removed from office only by the Court of the Judiciary.

Amendment 2 also changes the statutes governing Alabamas constables; these changes are opposed by the Alabama Constables Association.

The amendment was sponsored by State Senators Arthur Orr (R-Decatur) and Cam Ward (R-Alabaster).

Amendment 2 is the result of work done by a task force comprised of legislators and members of the judicial branch of government.

Advocates for the amendment say it simplifies several administrative procedures that govern Alabamas judicial system, which they argue is needed since many of the current procedures were written several decades ago and are no longer relevant.

Opponents of the measure argue that removing municipal courts from small towns with less than 1,000 residents will inconvenience the people who live there.

They also say that removing the legislatures ability to impeach judges the amendment makes the Judicial Inquiry Commission the only institution that can do so takes away the ability of the peoples representatives to get rid of bad judges.

More information on what the Judicial Inquiry Commission is and what it does can be found here.

How the third amendment will appear on the ballot:

Proposing an amendment to the Constitution of Alabama of 1901, to provide that a judge, other than a judge of probate, appointed to fill a vacancy would serve an initial term until the first Monday after the second Tuesday in January following the next general election after the judge has completed two years in office.

Most simply, the amendment would extend the time that judges who are appointed to fill an empty seat may serve.

If Amendment 3 is approved, appointed judges would run for reelection in the first general election after they have served two years in their appointed job.

Currently, appointed judges run in the first general election to occur after they have served for one year.

Tom Spencer of the Public Affairs Research Council of Alabama (PARCA)authored a report on the proposed amendments.

He noted with regards to Amendment 3, This change might make it more attractive for nominees to accept a judicial appointment. At the same time, this change gives the appointee longer to build up the advantage of incumbency before running for a full term.

Judgeships come open when a sitting judge dies, resigns, retires or is removed. The amendment would not apply to probate judges.

Amendment 3 was sponsored by State Representative David Faulkner (R-Mountain Brook) and co-sponsored by State Representative Matt Fridy (R-Montevallo).

How the fourth amendment will appear on the ballot:

Proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature to recompile the Alabama Constitution and submit it during the 2022 Regular Session, and provide a process for its ratification by the voters of this state.

If Amendment 4 is passed, state legislators would have permission to rearrange the state constitution to do four things, per the Fair Ballot Commission:

1. Remove racist language.2. Remove language that is repeated or no longer applies.3. Combine language related to economic development.4. Combine language that relates to the same county.

Only changes in those four categories could be made.

The proposed changes would be submitted during the 2022 legislative session for approval by both chambers of the legislature.

If the updated constitution is approved by the legislature, it would then be voted on by the people of Alabama in the 2022 general election.

Only if the legislature and the people of Alabama give the updated constitution their approval in 2022 would the changes become permanent. Amendment 4 could be thought of as permission for lawmakers and legislative staff to get started on the process.

As such, Amendment 4 will not affect how the state is governed; it only permits cosmetic changes and even those have to be approved by the public in two years.

Proponents say removing racist and redundant language is a worthy change to the states primary governing document.

Amendment 4 comes from a bipartisan place; it was sponsored by State Representative Merika Coleman (D-Birmingham) and co-sponsored by State House Speaker Mac McCutcheon (R-Monrovia), among others.

How the fifth and sixth amendments will appear on the ballot:

Relating to Franklin County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person is not liable for using deadly physical force in self-defense or in the defense of another person on the premises of a church under certain conditions.

Statewide Amendment 6 reads in full:

Relating to Lauderdale County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person is not liable for using deadly physical force in self-defense or in the defense of another person on the premises of a church under certain conditions.

Both amendments would create special stand your ground laws for the churches in their respective counties.

Alabama Attorney General Steve Marshall already interprets Alabamas statewide stand your ground law as applicable to churches.

Local legislators in both Franklin and Lauderdale counties believe an additional measure stating the stand your ground law applies to churches in their counties is needed as a form of clarification.

The passage of Amendment 5 and Amendment 6 requires a majority of Alabama voters and a majority of the voters in the relevant counties.

The Fair Ballot Commissions breakdown, in plain language, of all six amendments is available here, and the full analysis from PARCA is available here.

The Fair Ballot Commission is an independent state entity that receives technical assistance from several agencies, but primarily the secretary of states office.

Sample ballots for each of Alabamas 67 counties can be found here.

Yellowhammer received guidance from Jason Isbell, a lawyer in Montgomery and a member of the Fair Ballot Commission, in putting this guide together.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.comor on Twitter@HenryThornton95

Read more:
A guide to the statewide constitutional amendments on the ballot in November 2020 - Yellowhammer News

Posted on October 30, 2020, at 2:50 p.m. ET

A screenshot from a Chicago Police Department training video.

Regardless of the results of the 2020 election, its possible that the United States will see civil unrest in its aftermath. Some activists fear that police will use the same violent tactics that were used to respond to the Black Lives Matter protests that followed the deaths of Breonna Taylor and George Floyd earlier this year.

To find out how police are preparing to respond to postelection protests, BuzzFeed News filed public records requests with six major departments.

So far, only one has responded.

BuzzFeed News received over 100 pages of documents from the Chicago Police Department, as well as a video, showing how police in the most populous city in the Midwest are preparing for unrest on election night. In many ways, Chicago stands in for any large American city since the materials use official protest guidance from the Department of Homeland Security and the US Army that arent particular to Chicago.

A Chicago police spokesperson told BuzzFeed News that every sworn officer will be on duty on Nov. 3 into the morning of Nov. 4.

In a press conference on Oct. 15, Chicago Police Superintendent David Brown said officers have done several workshops preparing for Election Day. Its unclear if these workshops incorporated the material obtained by BuzzFeed News.

The presence of organization within a team can intimidate the opposition.

We're trying as best we can to anticipate any hazard that might happen including a weather hazard, snow might happen in our city, along with anything related to protests [or] embedded agitators that may loot, cause violence, or destroy property, Brown said.

One 64-page document, titled "Crowd Control and Behavior," contains the outline for an eight-hour course in which officers were taught how to control protests and arrest demonstrators.

The presence of organization within a team can intimidate the opposition, it says. Using team tactics has a military type advantage over larger organized groups.

In addition to the documents, Chicago police released a training video that instructs officers how to push and thrust batons at protesters.

One section of the "Crowd Control and Behavior" document outlines strategies for a Mobile Field Force unit, a group of police officers who carry weapons (like batons and pepper spray) and use platoon-style tactics to address civil disorder.

A military bearing demonstrates to the protesters that the MFF is a well-disciplined and highly trained group, the document says.

The document does note that police must be aware of peoples First and Fourth Amendment rights while they protest. But if the public peace is disturbed, police have the legal right to make arrests. The "Crowd Control and Behavior" document notes that mob action is defined under Illinois law as disturbing the public peace or damaging property while in a group.

Military-style tactics are not unusual within US police departments, and the document covers several different formations that police may use to control crowds. The documents refer to a group of police officers as a platoon, which is led by a sergeant or captain. The formations include column, skirmish, wedge, and encirclement.

The "Crowd Control and Behavior" document also defines several types of demonstrator groups and identifies many by name. It labels ACC, Globalize This, South Dakota Radicals, Food Not Bombs, Black Cat Collective, Black Cross, North Eastern Federation of Anarcho-Communists, and Act Now to Stop War and End Racism (ANSWER) as anarchist groups. It defines anarchists as those who believe private property is theft, state property is an object for the protection of corporate interest, and that both must be destroyed for the creation of a society based on mutual aid and individual liberty.

The "Crowd Control and Behavior" document says that these protesters try to manipulate the media and provoke police by prominently positioning children and older people to gain sympathy and negative portrayals of police dispersal and arrest actions. It also claims that protesters accuse the police of misconduct to avoid arrest and gain the sympathy of the media and bystanders.

The document advises that some violent demonstrators may use wrist rockets, catapults, incendiary devices, impact weapons, mirrors, hazardous substances, battering devices, fireworks and rockets, weapons of mass destruction, suspicious packages, golf balls, bottles, cans of soup, and pieces of concrete as weapons during protests.

Its common to see legal observers, such as lawyers or law students, at a protest. But the document says that legal teams may try to intimidate police by telling them that their tactics are illegal.

The document notes that its legal to use pepper spray on protesters who are passively resisting police officers, even if they arent doing anything violent.

Read this article:
This Is How Chicago Police Are Getting Ready For Election Night Protests - BuzzFeed News

Item 1.01 Entry into a Material Definitive Agreement

On October 26, 2020, the Company entered into a Fifth Amendment to CreditAgreement (the "Fifth Amendment") which amends its existing Credit Agreement,dated as of February 2, 2017, as amended by the First Amendment thereto, datedas of September 18, 2019, the Second Amendment thereto, dated as of March 27,2020, the Third Amendment thereto, dated as of May 7, 2020 (the "ThirdAmendment"), and the Fourth Amendment thereto, dated as of May 18, 2020, withcertain direct and indirect subsidiaries of the Company as guarantors, WellsFargo Bank, National Association, as administrative agent, and the lenders andother agents party thereto.

The Fifth Amendment extended the term of the agreement by one year to February2, 2023, reduced the revolving credit facility to $120.0 million, adjusted themonthly liquidity covenant, added a provision to allow for non-maintenancecapital expenditures based on quarterly EBITDA performance and added provisionsto the Credit Agreement to address the contemplated phase out of LIBOR. Aftergiving effect to the Fifth Amendment, the credit facility will continue toprovide for a $5.0 million subfacility of letters of credit and a $5.0 millionsubfacility for swingline loans. The Fifth Amendment did not change theConsolidated Leverage Ratio and Fixed Coverage Charge Ratio requirements. TheConsolidated Leverage Ratio and Fixed Coverage Charge Ratio requirements fromthe Third Amendment remain in effect through February 2, 2023.

The Fifth Amendment requires the Company and its subsidiaries to meet minimumaggregate cash holding requirements through March 2021 in an amount equal to thefollowing amount for each month set forth below:

The Fifth Amendment also removes the requirement that the Company use 50% of theaggregate net cash proceeds from equity issuances after May 7, 2020 in excess of$30.0 million to repay loans outstanding until the Company could demonstratecompliance with certain financial covenants.

The Fifth Amendment now allows for non-maintenance capital expenditures when theLeverage Ratio is 2.50 to 1.0 or greater with 75% of consolidated EBITDA earnedduring a fiscal quarter in excess of $7.5 million ("Excess EBITDA"). The Companyand its subsidiaries may make non-maintenance capital expenditures with ExcessEBITDA at any time after such Excess EBITDA is earned until the Leverage Ratiohas been reduced to less than 2.50 to 1.0. Prior to the Fifth Amendment, theCredit Agreement had prohibited all non-maintenance capital expenditures whenthe Leverage Ratio was 2.50 to 1.0 or greater. As was also the case before theFifth Amendment, the credit agreement provides that the Company and itssubsidiaries may make capital expenditures in any fiscal year in an amount equalto 75% of consolidated EBITDA for the immediately preceding fiscal year when theLeverage Ratio is equal to or greater than 1.50 to 1.0 but less than 2.50 to1.0. When the Leverage Ratio is less than 1.50 to 1.0, the Company and itssubsidiaries may make capital expenditures in an unlimited amount.

In connection with the closing of the Fifth Amendment, the Company repaid $20.2million in loans so that a total of $115.0 million (excluding $4.8 million inletters of credit) is currently outstanding under the credit facility. Thecurrent interest rate for borrowings under the revolving credit facility is3.75%.

Item 2.03. Creation of a Direct Financial Obligation or an Obligation under anOff- Balance Sheet Arrangement of a

Registrant

The discussion of the Fifth Amendment to Credit Agreement set forth underItem 1.01 of this Current Report on Form 8-K is incorporated herein by referencein this Item 2.03.

Item 9.01. Financial Statements and Exhibits

--------------------------------------------------------------------------------

Edgar Online, source Glimpses

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RUTHS HOSPITALITY GROUP, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an...

SUNNYVALE, Calif., Oct. 26, 2020 /PRNewswire/ --Mike R. Galli is being recognized by Continental Who's Who as a Top Attorney for his outstanding contributions in the field of Law in acknowledgment for his commitment as Prosecutor Deputy District Attorney with the Office of the District San Jose California.

Having accrued 38 years of vast knowledge and professional experience in the field of criminal law, Attorney Galli has also garnered a well-deserving reputation for his contributions. To prepare for his career, he obtained his Doctor of Juris Prudence degree from Santa Clara University and is passionate about continuing education. He is devoted to educating attorneys and police officers on the practice of criminal law, especially search and seizure issues.

Since 1984, Mr. Galli has excelled as a deputy district attorney for the Santa Clara County Office of the District Attorney, where he currently reviews police reports from eight different police agencies, files felony and misdemeanor criminal charges, reviews non-narcotic misdemeanor citations to determine eligibility for a pre-filing diversion program, and answers legal questions regarding search and seizure issues from police officers and other deputy district attorneys throughout the State of California. Additionally, he serves as a unit member of the Criminal Complaint Unit at the District Attorney's Office and for the last 15 years as an instructor at the Peace Officer's Standards and Training (POST) Robert Presley Institute of Criminal Investigation.

Over the years, Mr. Galli has also worked within numerous units as a unit member and supervisor. He has been assigned to the misdemeanor DUI unit, juvenile unit, felony narcotics, asset forfeiture, economic crimes, preliminary examinations and motions, writs and appeals units. He has been the assistant supervisor of the narcotics unit twice, was the first supervisor of the narcotics asset forfeiture unit, and supervised the welfare fraud and restitution services units before his current assignment.

Throughout his extensive career, Mr. Galli is proud to have remained at the forefront of his field. He is the creator and sole author of the California District Attorney's (CDAA) Search Warrant Law and Practice Manual, now in its fifth edition, and has written it since 2009. He has also authored many articles and works on search and seizure law. These have included an article on the California Electronic Communication Privacy Act published by Police Technical in 2016, a 2014 book entitled Warrantless Searches, also published by Police Technical, a 2012 article for CDAA'S Firewall (High-Technology Crimes Newsletter) entitled People v. Diaz: Right Result, but Wrong Rationale, a 2009 article entitled Cell Phone Searches for CDAA'S Firewall, Chapter II, Search and Seizure, in CDAA'S High Technology Crimes Manual published in 2008, an article entitled Tracking Devices and the Fourth Amendment, for CDAA'S Firewall 2008, Search Warrant sections of the Santa Clara County Superior Court Judge's Duty Manual in 1994 and updated in 2007, Chapter IV, Search Warrants, in the first & second editions of CDAA's Hate Crime Monograph (1999 and 2006 editions), and an article on Drafting Narcotics Search Warrants, for CDAA'S Prosecutor's Brief in 1988. Mr. Galli has also served as the editor for the book High-Technology Crime, by Kenneth S. Rosenblatt (KSK Publications, 1995).

In recognition of his professional excellence, Mr. Galli was presented with a Commendation Letter from the San Jose Police Department (SJPD) Burglary Prevention Unit and a Commendation Letter from the SJPD Narcotics Unit in 1989, the Santa Clara County Employee of the Month Award in 1990, an SJPD Excellence Award in 1992 and the CDAA Author of the Year Award in 2009. More recently, he accepted the California Narcotics Officers Association (CNOA) Region One Prosecutor of the Year Award in 2016.

Contact: Katherine Green, 516-825-5634, [emailprotected]

SOURCE Continental Who's Who

http://www.continentalwhoswho.com

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Mike R. Galli is recognized by Continental Who's Who - PRNewswire