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The DOJ and FBI violated the Constiutional Rights of a group by improperly classifying the group as a "gang"

The district court erred by dismissing the plaintiffs-alleged gang members' (the "Juggalos'") constitutional claims based on lack of standing where they claimed they suffered violations of their constitutional rights at the hands of state and local law enforcement officers who were motivated by the DOJ and FBI's identification of the Juggalos as a "criminal gang." The Juggalos are fans of the music group "Insane Clown Posse," and in 2011, they were listed as a "'loosely-organized hybrid gang'" in the DOJ federal NGIC database. Each plaintiff claimed their constitutional rights were violated after law enforcement found their "gang" on the database. The district court dismissed their claims, ruling that they lacked standing. The court reversed, finding that the "Juggalos' allegations that their First Amendment rights are being chilled are accompanied by allegations of concrete reputational injuries resulting in allegedly improper stops, detentions, interrogations, searches, denial of employment, and interference with contractual relations. Stigmatization also constitutes an injury in fact for standing purposes." It also concluded that "their freedom from placement in the 2011 NGIC Report is a sufficiently concrete interest to establish a procedural injury in fact." Thus, they "established an injury in fact on their procedural APA claims." They also successfully alleged that "their injuries were caused, at least in part, by the Agencies' actions in publishing the 2011 NGTA Report" where they claimed that the defendants' "conduct was a motivating factor in the third party's injurious actions . . . ." Thus, at the motion-to-dismiss stage, the plaintiffs alleged facts "adducing that their injuries are fairly traceable to the Agencies' actions." Also, the injuries they sought to address were at least partially redressable by a declaration finding the 2011 NGIC Report unconstitutional and setting it aside. The plaintiffs did not forfeit their DJA claim. Reversed and remanded. 

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

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