Prosecutors

Lawsuit of the Day: Chris Armstrong v. Andrew Shirvell

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Former Michigan prosecutor Andrew Shirvell might be gone from the Michigan attorney general’s office, but he has not been forgotten. Shirvell, an outspoken opponent of homosexuality, has just been hit with a lawsuit — by Chris Armstrong, the ex-president of the University of Michigan student body.

Armstrong is suing Shirvell in Michigan state court for stalking, invasion of privacy, intentional infliction of emotional distress, defamation, and abuse of process. His lawsuit seeks more than $25,000 in compensatory damages, as well as punitive damages and injunctive relief (to enjoin Shirvell from, well, being such a creep).

As you may recall, Shirvell seemed obsessed with the young, beauteous, and openly gay Armstrong, devoting an entire blog to criticism of Armstrong and following Armstrong around, day and night. As explained by Armstrong’s lawyer, Deborah Gordon, Shirvell demonstrated a “bizarre personal obsession” with Armstrong, reflected in numerous blog and Facebook postings in which Shirvell asserted that Armstrong was advancing a “radical homosexual agenda.” [FN1]

Let’s take a closer look at the complaint….

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Shanetta Cutlar, Back in the News

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Longtime readers of Above the Law will recall the colorful figure of Shanetta Cutlar. She was a high-powered Department of Justice lawyer who was known for her high-handed treatment of DOJ subordinates and colleagues.

(Read the blockquote in this post to get a sense of her antics, or read this juicy letter to former Deputy Attorney General Paul McNulty, in which ex-Cutlar underling Ty Clevenger describes the “atmosphere of fear and paranoia” created by Shanetta.)

We haven’t covered Shanetta Cutlar since March 2010, when she stepped down from her post as chief of the Special Litigation Section (“SPL”). After she left SPL, she took a post in the Bureau of Justice Assistance, part of the Office of Justice Programs (“OJP”). This move was interpreted by some DOJ insiders as a form of exile for the controversial Cutlar.

We haven’t heard anything about her since her move to OJP — until now….

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Quote of the Day: Justice Ginsburg’s Subtle Benchslap of Tulane Law

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On what basis can one be confident that law schools acquaint students with prosecutors’ unique obligation under Brady? Whittaker told the jury he did not recall covering Brady in his criminal procedure class in law school. Dubelier’s alma mater, like most other law faculties, does not make criminal procedure a required course. [FN21]

[FN21] See Tulane University Law School, Curriculum, http://www.law.tulane.edu (select “Academics”; select “Curriculum”) (as visited Mar. 21, 2011, and in Clerk of Court’s case file).

– Justice Ruth Bader Ginsburg, dissenting, in Connick v. Thompson (via Josh Blackman, who provides additional context and excerpts from the opinions; there’s also discussion of the case at Gawker).

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Non-Sequiturs: 03.29.11

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* I hate crappy customer service as much as the next guy; I just hope UCLA law students from “third world s**tholes” aren’t offended. [Professor Bainbridge]

* Forgive my ignorance, but I don’t see why the right has a problem with the Employment Non-Discrimination Act. They know you don’t catch “the gay” from working with gays. I mean, I’m still as straight as an arrow. [Bilerico]

* A very thorough Wal-Mart v. Dukes linkwrap — big enough to be discounted at Wal-Mart. [How Appealing]

* As long as we’re thinking of giving prosecutors bonuses, let’s also grant them the right of prima nocta over the wives of any men they convict. The latter idea is just as stupid as the former. [Overlawyered]

* While law students suffer in unemployment and tuition continues to spiral upwards, law professors have decided to draw a line in the sand over tenure. In related news, 18 law professors have been hospitalized after attempting to wedge their heads up their own asses. [TaxProf Blog]

* Law school valedictorians are so socially awkward that they need this advice. [Law Riot]

* What lessons can we learn from the demise of Howrey? [Law 360 (via Hellerman Baretz)]

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Non-Sequiturs: 03.25.11

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* Who are the top plaintiffs firms in securities class-action litigation, ranked by 2010 total settlement value? [RiskMetrics / SCAS via WSJ Law Blog]

* Protip: if you go to a meeting at Deutsche Bank’s New York offices, avoid the men’s room. [Dealbreaker]

* This lawyer has an assistant with an unusual name. [Abuse of Discretion]

* We were impressed by the University of Chicago Law School’s new loan repayment assistance program (LRAP) — and we’re not alone. [The Belly of the Beast]

* Dov Charney’s latest accuser, Kimbra Lo, has an interesting past. Yes, there are pics. [Fashionista]

* You know the whole “anti-bullying” trend has gone too far when plaintiffs’ firms are setting up practice areas for it. [Constitutional Daily]

* Career alternatives for attorneys: meet Akila McConnell, traveler and writer. [Thrillable Hours / Legal Nomads]

* Is the “mommy track” a form of gender bias? [Lawyerist]

* Are prosecutors working on commission in one Colorado district? [ABA Journal]

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Lawyer of the Day: Another Midwestern Prosecutor

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What is up with state prosecutors in the Midwest? Over the past year or so, they’ve been making huge fools of themselves. See, e.g., Wisconsin’s Ken Kratz (of “I am the prize” fame); Michigan’s Andrew Shirvell (of “homophobic nut job” fame); and Indiana’s Jeff Cox (of “Use Live Ammo” fame).

Our latest Midwestern prosecutor to win Lawyer of the Day honors, Carlos Lam, also hails from Indiana. Let’s take a look at what this loser Hoosier did….

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Lawyer of the Day: Las Vegas Drug Prosecutor Arrested for… Drugs

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Paris Hilton

Maybe it’s time for us to have a national conversation about legalizing drugs. It’s interesting to see how many folks in charge of enforcing and administering our nation’s drug laws seem to have drug problems themselves.

We all recall the sad story of former federal judge Jack Camp. After years of sending offenders off to prison for narcotics offenses, ex-Judge Camp pleaded guilty to drug offenses of his own. He was sentenced to 30 days in prison — less time than what Paris Hilton got.

And speaking of Paris Hilton, it seems that one of her former prosecutors — a top drug-crime prosecutor in Las Vegas — was just arrested.

For what? For drugs….

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Morning Docket: 03.09.11

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Gov. Pat Quinn

* The opening of the RaJabba Rajaratnam trial will be gripping, apparently. [Reuters]

* The S.E.C. is being attacked again about its ethical standards. It’s not like these problems started with Cam Newton. I mean, the S.E… what’s that? The Securities and Exchange Commission? What? No, I don’t even know what that is. What does that have to do with football? [New York Times]

* Horrifying syphilis experiments keep coming back to haunt the United States government. That’s so syphilis. [Charlotte Observer]

* Illinois Governor Pat Quinn is expected to sign legislation today ending capital punishment. I couldn’t think of a joke here, but this cat thinks it’s a frog. [Chicago Tribune]

* In Buffalo, a fight over attorney pay. I blame Norwood. [Buffalo News]

* A judge helped cut an attorney out of his father’s will and claimed he was still able to act impartially on a case the attorney was handling. That sh*t-eating grin on the judge’s face every time the attorney spoke? Oh, that was just a joke he remembered. [WSJ Law Blog]

* Former U.S. attorney (S.D.N.Y.) and Davis Polk litigator S. Hazard Gillespie, R.I.P. [New York Times]

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Quote of the Day: Caveat Tweeter

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I think that in this day and age that tweet was not a good idea, and in terms of that language, I’m not going to use it anymore.

– Jeffrey Cox, former deputy attorney general in Indiana, commenting on the controversial tweets that got him fired from his government job.

P.S. If you’re on Twitter, please feel free to follow Above the Law, @ATLblog.

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Commonwealth v. Ung: A Morning-After Linkwrap

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Gerald Ung (left) and Eddie DiDonato (right)

Judging from the comments section of our last story about Gerald Ung — which is still active, like a volcano — many of you are still interested in talking about the Temple Law student shooter. Even though Ung was quickly acquitted of all charges arising out of the January 2010 shooting of Edward DiDonato Jr., the trial goes on — in the court of public opinion.

We’ve selected a handful of stories from the avalanche of news and blogosphere coverage that we believe merit your attention. You can check them out — one of them reveals what Gerald Ung’s future plans are, while another has the reaction to the verdict of Eddie DiDonato’s father, a prominent partner at Fox Rothschild — after the jump.

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