WESTLAW REQUIRED – All citations must conform to Bluebook guidelines
WRITING ASSIGNMENT: Hunter Nash has requested that our office represent him in a civil rights matter addressing unlawful arrest and the excessive use of force by police officers. Please review the following facts of the case (see below), research and thoroughly apply 2 relevant court opinions, to determine the strengths and weaknesses of Mr. Nash’s case. Discuss whether you think he has a valid claim against the city police department based on the law you have located in Westlaw.
Prior to beginning your research for this assignment, create a folder on Westlaw and name as follows: Gibson – Memo 3 Research. Save all research related to your memo to this folder for submission. (You will be downloading this folder in word form and submitting it along with your memorandum)
In preparing your memorandum, please consult the sample Legal Memorandums in Statsky and the Attorney Preferences for Interoffice Memos. (See docs attached)
FACTS: Hunter Nash, is an independent journalist with a popular blog and YouTube channel. While live-streaming a large political protest in O’Fallon, Missouri, Nash was caught up in a “kettling” incident when lines of heavily armed police in full riot gear surrounded protesters and corralled them into an intersection. More than 150 people, including Nash, were held in that location while police processed arrests and then transported individuals to headquarters. During this time, one officer violently wrenched Nash’s arm behind his back in an attempt to stop him from recording the events with his cell phone. When Nash protested and asserted his status as a journalist, he was zip tied, sprayed with pepper spray, and forced to sit on the pavement with other detainees for several hours.
· Research, correctly cite and thoroughly apply at least 2 relevant court opinions.
· Cases may be mandatory or persuasive; the weight of your legal authority will be considered in grading.
· Fully discuss your arguments as well as those to be anticipated by the opposition.
· Complete all sections of the memo according to Attorney Preferences.
· Embellish facts as necessary to support your law but use care to ensure that any embellishments do not change the legal issues.
· All citations must conform to Bluebook guidelines.
· When you have completed your memo, download the Summary Research Report as a Word document from the folder created on Westlaw for this assignment and include this with your submission.
GOALS: Your goal for this assignment is to demonstrate your ability to identify and phrase legal issues; to research, correctly cite, and thoroughly apply related legal authority; and to present your written arguments clearly, concisely, and professionally.
Directions: Review Briefing an Opinion on Pgs. 346 – 350 of Statsky 8th Edition.
Using the format illustrated in Exhibit 7-15 (Pg. 350) [Print screen below] prepare thumbnail briefs for each of the opinions you are applying in your final Research, Writing and Analysis Project.
Exhibit 7-9: Example – Memorandum of Law: (IFRAC) Introduction, Issue and Summary Conclusion, Rule, Analysis, Conclusion, Recommendation
Exhibit 7-10: Example – Memorandum of Law: (IFRAC) Introduction, Issues and Summary Conclusion, Facts, Rule, Analysis, Conclusion, Recommendations
Exhibit 7-17: Example – Memorandum of Law (IFRAC) Introduction, Issue and Summary Conclusion, Facts, Rule, Analysis, Conclusion
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