Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
Call us anytime.
During office hours, call 904-701-0589
After office hours, call 904-727-7191

Regular office hours are 7:30 a.m. to 6:30 p.m.

September 2016 Archives

Florida Supreme Court Clarifies the Types of "Replica" Antique Firearms That Felons May Possess

Last week, the Florida Supreme Court issued an opinion clarifying the types of firearms convicted felons may possess. Section 790.23 of the Florida Statutes prohibits convicted felons from possessing firearms. However, the law also exempts any firearm manufactured before 1918, or replicas of pre-1918 firearms. Weeks v. State involved a case against a convicted felon who hunted with a .50 caliber muzzle-loaded rifle. Weeks' rifle largely copied a pre-1918 firearm, but used a modern scope. 

Employers Can Discriminate Against Employees for Having Dreadlocks Says the Eleventh Circuit

Last week, in a panel decision, EEOC v. Catastrophe Management Solutions, the Eleventh Circuit held that employers can discriminate against employees for wearing their hair in dreadlocks. The lawsuit was brought by the Equal Opportunity Employment Commission on behalf of a prospective employee who refused to comply with a company's grooming policy prohibiting employees from having dreadlocks. The EEOC contended that the defendant's refusal to hire the plaintiff was a form of race discrimination, because the hairstyle was one closely associated with individuals of African descent. 

Where Violence and Terror Reign: How Prison Guards Can Be Held Liable for Inmate-on-Inmate Violence

Many people accept violence between prisoners as an every-day facet of life for incarcerated individuals. Some even argue that such violence should be tolerated as part of the punishment for committing a crime. While these issues often remain unaddressed by policy-makers and prison officials, the Eighth Amendment provides recourse for certain individuals who have been the victim of violence at the hands of another inmate. An Eighth Amendment claim for failing to protect an inmate from violence is difficult to bring. However, a recent decision, Lane v. Philbin shows that these causes of action remain viable in the Eleventh Circuit. The Lane case reversed a lower court which had granted a prisoner's motion to dismiss. 

Florida Supreme Court Rules that Placing Files in a Shared Folder of a File-Sharing Program Constitutes "Transmission" under Florida Child Pornography Law

In an opinion written by Justice Canady rendered last week, the Florida Supreme Court held that making a file accessible to others in a file-sharing program constitutes "transmission" under Florida's child pornography laws. The crime in question is codified in Section 847.0137, which makes it a third degree felony for any person "who knew or reasonably should have known that he or she was transmitting child pornography" to another person. 

Lawsuit Over Kenny Leigh's Sham Write-in Candidacy Remains Pending in Florida Supreme Court After Melissa Nelson Defeats Angela Corey in State Attorney Primary

We have received several inquiries about the status of the lawsuit we brought with prominent local civil rights attorney Sam Jacobson, Scott v. Hogan, over the disenfranchisement of almost 440,000 registered non-republican voters in the local state attorney race. As of the this posting, the lawsuit remains pending in the Florida Supreme Court, which has not yet decided whether it will exercise its discretionary jurisdiction to hear the case. For those unfamiliar with the lawsuit, our firm, along with Bledsoe, Jacobson, Schmidt, Wright, & Sussman P.A., filed a lawsuit to enforce the Universal Primary Amendment in the local State Attorney race. This amendment is a provision of the Florida Constitution that requires primary elections to be open to all registered voters, regardless of party affiliation, where the winner of the primary will not face opposition in the general election. 

email us for a response
  1. Martindale Hubbell AV Preeminent Peer Rated for highest level of Provisional Excellence 2016 Best Lawyers Best Law Firms US News 2016 American College of Trial Lawyers William J.Sheppard Best Lawyers Lawyer of the year 2014 The Florida Bar Board Certified Best Lawyers|Best Law Firms US News|Criminal Defense: White-Collor|Tier 1|Jacksonville|2017
  2. Best Lawyers Best Law Firms US News 2017 AV Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability Super Lawyers Best Lawyers Linking Lawyers And Clients Worldwide

Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
Map & Directions

Regular office hours are 7:30 a.m. to 6:30 p.m.

Back to top