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Las Vegas Nevada Form 8857: What You Should Know
LAW REVERSED ON DECLARATION Of A MERE INHUMAN TOLERANCE IN MARYLAND: SUMMARY In a unanimous opinion, the United States Supreme Court reversed the Third U.S. Circuit Court of Appeals and ruled that a mere allegation by a victim of domestic violence that she is the subject of domestic violence qualifies as evidence the police should report the incident to the State's Attorney's Office and allow prosecutors to proceed with criminal prosecution. Read the entire United States Supreme Court decision below. THE CHIEF JUSTICE and JUSTICE O'CONNOR concluded that, under Maryland law, the police should issue a report alleging that the victim of domestic violence “was the victim of an ongoing pattern or practice of violent behavior” and that the victims “had not escaped in great fear with their lives” by “fearing for their lives.” The Chief Justice and Justice O'Connor concluded that any failure by the authorities to investigate any domestic violence incident, even after the victim requests that the police investigate the incident and “the law enforcement officers believe that the victim has no reasonable fear for her safety” constitutes a violation of federal law, which provides that the government “shall take all necessary steps to protect the health, safety, and welfare of citizens” and requires that a government agency notify the victim “of all reasonable steps that the government has taken to improve protective arrangements.” THE COURT'S JUDGMENT: Appellants are two members of the Board of Education (Ogden Board) and two members of the Police Commission, appointed by the governor, pursuant to the Maryland Code, Title 1, section 12-3001, et seq. The law provides that a county school board or a city school board shall appoint a person to fill the remaining six positions. The governor appointed three Board members and the Board selected two candidates (who are also Board staff) to serve on the Board. The appellant schools and the Board had been engaged primarily in developing policies regarding school safety within the context of a state anti-violence initiative for the schools. The State Department of Public Safety has a statutory duty to support and oversee the police in their efforts to keep students and community members safe, and that duty is fulfilled by establishing a statewide anti-violence initiative with the school police.
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