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LLP LEGAL NEWS


A South Korean court found the former police chief of the country’s capital and two other officers not guilty over a botched response to a Halloween crowd crush that killed nearly 160 people in 2022.

The verdict by the Seoul Western District Court drew angry responses from grieving relatives and their advocates, who accused the court of refusing to hold high-level officials accountable for an incident that was largely blamed on a lack of disaster planning and an inadequate emergency response.

Kim Kwang-ho, former chief of the Seoul Metropolitan Police Agency, was the most senior police officer among more than 20 police and government officials indicted over the crush in Itaewon, a popular nightlife district in Seoul. Prosecutors had sought a five-year prison term for Kim.

An investigation led by the National Police Agency found that police and local officials failed to plan effective crowd control measures even though they expected more than 100,000 people to gather for Halloween events in Itaewon.

The investigators found that Seoul police assigned just 137 officers to Itaewon on the day of the crush. Police also ignored hotline calls placed by pedestrians who warned of swelling crowds before the surge turned deadly. Once people began getting crushed in an alley near Hamilton Hotel, police failed to establish control over the site and allow paramedics to reach the injured in time.

Some experts have called the crush a “manmade disaster” that could have been prevented with relatively simple steps like employing more police and public workers to monitor bottleneck points, enforcing one-way walking lanes, and blocking narrow pathways.

The Seoul court acquitted Kim of professional negligence, saying that prosecutors failed to prove that he had violated his duties or to establish a connection between his conduct and the high toll of deaths and injuries. The court also acquitted two lower-ranking police officers who faced similar charges.

The court stated that while Kim received status updates from various departments in his agency and the Yongsan police station about the situation in Itaewon before the crush on Oct. 29, 2022, this information would not have been sufficient for him to recognize the possibility of an incident of such magnitude.

The court also noted that Kim had instructed various police stations in Seoul, including Yongsan, to establish plans to maintain safety during Halloween celebrations.

“Based solely on evidence submitted by prosecutors, it’s insufficient to conclude that the defendants’ professional negligence and its relationship to the occurrence or escalation of this incident are fully established beyond reasonable doubt,” the court said in a statement. Relatives of the victims embraced and cried outside the court after the verdict was announced.

“This court just granted immunity to the police for whenever these kinds of incidents happen again!” one of them shouted. Others scuffled with security as they tried to approach Kim’s car as he left the court.

Itaewon Disaster Bereaved Families, a group representing the victims, said the ruling was “dishonest” and “impossible to understand” and called for prosecutors to appeal.

“We strongly condemn that the main officials of the Seoul Metropolitan Police Agency, who ignored their duties for prevention, preparation and response despite anticipating that a large crowd would develop, and who have been denying their responsibility until now, are being given a free pass,” the group said.

The same court last month sentenced the former chief of Yongsan police station, Lee Im-jae, to three years in prison and convicted two of his colleagues of professional negligence resulting in death, citing their failure to properly prepare for the crowd and respond to the crush.

The court acquitted Park Hee-young, head of the Yongsan ward office, and three other ward officials, saying that they had no legal authority to control or break up crowds.

Lee and another Yongsan police official who received a one-year sentence appealed the ruling earlier this month. The other police official had received a suspended sentence.



A federal appeals court judge has ruled to keep Sean “Diddy” Combs locked up while he makes a third bid for bail in his sex trafficking case, which is slated to go to trial in May.

In a decision filed Friday, Circuit Judge William J. Nardini denied the hip-hop mogul’s immediate release from jail while a three-judge panel weighs his bail request.

Combs’ lawyers appealed to the 2nd U.S. Circuit Court of Appeals on Sept. 30 after two judges rejected his release.

Combs, 54, has been held at a federal jail in Brooklyn since his Sept. 16 arrest on charges that he used his “power and prestige” as a music star to induce female victims into drugged-up, elaborately produced sexual performances with male sex workers in events dubbed “Freak Offs.”

Combs has pleaded not guilty to racketeering conspiracy and sex trafficking charges alleging he coerced and abused women for years with help from a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.

At a bail hearing three weeks ago, a judge rejected the defense’s $50 million bail proposal that would’ve allowed the “I’ll Be Missing You” singer to be placed under house arrest at his Florida mansion with GPS monitoring and strict limits on visitors.

Judge Andrew L. Carter Jr., who has since recused himself from the case, said that prosecutors had presented “clear and convincing evidence” that Combs is a danger to the community. He said “no condition or set of conditions” could guard against the risk of Combs obstructing the investigation or threatening or harming witnesses.

In their appeal, Combs’ lawyers argued that the judge had “endorsed the government’s exaggerated rhetoric” and ordered Combs detained for “purely speculative reasons.”

“Indeed, hardly a risk of flight, he is a 54-year-old father of seven, a U.S. citizen, an extraordinarily successful artist, businessman, and philanthropist, and one of the most recognizable people on earth,” the lawyers wrote.

Combs’ lawyers have not asked the new trial judge, Arun Subramanian, to consider releasing him on bail. At a hearing Thursday, as Combs sat alongside his lawyers in a beige jail jumpsuit, Subramanian suggested he would at least be open to taking up the issue.

After setting a May 5 trial date, Subramanian briefly questioned Combs’ lawyers about his treatment at the Metropolitan Detention Center, which has been plagued by violence and dysfunction for years.




A U.S. court has given two top associates of Saudi Crown Prince Mohammed bin Salman until early November to start turning over any evidence in a lawsuit from a former senior Saudi intelligence official who says he survived a plot by the kingdom to silence him.

The order is among a spate of recent rulings suggesting U.S. courts are becoming more open to lawsuits seeking to hold foreign powers accountable for rights abuses, legal experts and advocates say. That is after a couple of decades in which American judges tended to toss those cases.

The long-running lawsuit by former Saudi intelligence official Saad al-Jabri accuses Saudi Arabia of trying to assassinate him in October 2018. The kingdom calls the allegation groundless. That’s the same month the U.S., U.N. and others allege that aides of Prince Mohammed and other Saudi officials killed U.S.-based journalist Jamal Khashoggi, whose columns for The Washington Post were critical of the crown prince.

Al-Jabri’s lawsuit asserts that the plot against him involved at least one of the same officials, former royal court adviser Saud al-Qahtani, whom the Biden administration has sanctioned over allegations of involvement in Khashoggi’s killing.

The ruling is among a half-dozen recently giving hope to rights groups and dissidents that U.S. courts may be more open again to lawsuits that accuse foreign governments and officials of abuses — even when most of the alleged wrongdoing took place abroad.

“More and more ... it seems like the U.S. courts are an opportunity to directly hold governments accountable,” said Yana Gorokhovskaia, research director at Freedom House, a U.S.-based rights group that advocates for people facing cross-border persecution by repressive governments.

“It’s an uphill battle,” especially in cases where little of the alleged harassment took place on U.S. soil, Gorokhovskaia noted. “But it’s more than we saw, definitely, even a few years ago.”

Khalid al-Jabri, a doctor who like his father lives in exile in the West for fear of retaliation by the Saudi government, said the recent ruling allowing his father’s lawsuit to move forward will do more than help recent victims.

It “hopefully, in the long run, will make ... oppressive regimes think twice about transnational repression on U.S. soil,” the younger al-Jabri said.

The Saudi Embassy in Washington acknowledged receiving requests for comment from The Associated Press in the al-Jabri case but did not immediately respond. Lawyers for one of the two Saudis named in the case, Bader al-Asaker, declined to comment, while al-Qahtani’s attorneys did not respond.

Past court motions by lawyers for the crown prince called al-Jabri a liar wanted in Saudi Arabia to face corruption allegations and said there was no evidence of a Saudi plot to kill him.

The Saudi government, meanwhile, has said the killing of Khashoggi by Saudi agents inside the Saudi consulate in Istanbul was a “rogue operation” carried out without the crown prince’s knowledge. Khashoggi’s killing and the events alleged by al-Jabri took place in a crackdown in the first years after King Salman and his son Prince Mohammed came to power in Saudi Arabia, after the 2015 death of King Abdullah. They detained critics and rights advocates, former prominent figures under the old king, and fellow princes for what the government often said were corruption investigations.

Al-Jabri escaped to Canada. As with Khashoggi, the lawsuit alleges the crown prince sent a hit team known as the “Tiger Squad” to kill him there but claims the plot was foiled when Canadian officials questioned the men and examined their luggage. Canada has said little about the case, although a Royal Canadian Mounted Police investigator has testified that officials found the allegations credible and said they remain under investigation.

Saudi Arabia detained a younger son and daughter of al-Jabri in what the family alleges is an effort to pressure the father to return to the kingdom.

Until now, efforts to sue Saudi officials and the kingdom over Khashoggi’s and al-Jabri’s cases have foundered. U.S. courts have said that Prince Mohammed himself has sovereign immunity under international law.

And judgments in civil cases against foreign governments and officials can have little effect beyond the reputational hit. Courts sometimes find in favor of the alleged victim by default when a regime or official fails to respond.




A federal appellate court is set to hear oral arguments Monday in a civil rights lawsuit alleging a south Louisiana parish engaged in racist land-use policies to place polluting industries in majority-Black communities.

The Fifth Circuit Court of Appeals in New Orleans is reviewing a lawsuit filed by community groups claiming St. James Parish “intentionally discriminated against Black residents” by encouraging industrial facilities to be built in areas with predominantly Black populations “while explicitly sparing White residents from the risk of environmental harm.”

The groups, Inclusive Louisiana, Rise St. James and Mt. Triumph Baptist Church, seek a halt to future industrial development in the parish.

The plaintiffs note that 20 of the 24 industrial facilities were in two sections of the parish with majority-Black populations when they filed the complaint in March 2023.

The parish is located along a heavily industrialized stretch of the Mississippi River between New Orleans and Baton Rouge, Louisiana, known as the Chemical Corridor, often referred to by environmental groups as “Cancer Alley” because of the high levels of suspected cancer-causing pollution emitted there.

The lawsuit comes as the federal government has taken steps during the Biden administration to address the legacy of environmental racism. Federal officials have written stricter environmental protections and committed tens of billions of dollars in funding.

In the Louisiana case, U.S. District Judge Carl Barbier of the Eastern District of Louisiana in November 2023 dismissed the lawsuit largely on procedural grounds, ruling the plaintiffs had filed their complaint too late. But he added, “this Court cannot say that their claims lack a basis in fact or rely on a meritless legal theory.”

Barbier said the lawsuit hinged primarily on the parish’s 2014 land-use plan, which generally shielded white neighborhoods from industrial development and left majority-Black neighborhoods, schools and churches without the same protections. The plan also described largely Black sections of the parish as “future industrial” sites. The plaintiffs missed the legal window to sue the parish, the judge ruled.

Yet the parish’s land-use plan is just one piece of evidence among many revealing ongoing discrimination against Black residents in the parish, said Pamela Spees, a lawyer for the Center of Constitutional Rights representing the plaintiffs. They are challenging Barbier’s ruling under the “continuing violations” doctrine on the grounds that discriminatory parish governance persists, allowing for industrial expansion in primarily Black areas.

The lawsuit highlights the parish’s decision in August 2022 to impose a moratorium on large solar complexes after a proposed 3,900-acre (1,580-hectare) solar project upset residents of the mostly white neighborhood of Vacherie, who expressed concerns about lowering property values and debris from storms. The parish did not take up a request for a moratorium on heavy industrial expansion raised by the plaintiffs, the lawsuit states.

These community members “have tried at every turn to simply have their humanity and dignity be seen and acknowledged,” Spees said. “That’s just been completely disregarded by the local government and has been for generations.”

Another part of the complaint argues the parish failed to identify and protect the likely hundreds of burial sites of enslaved people by allowing industrial facilities to build on and limit access to the areas, preventing the descendants of slaves from memorializing the sites. The federal judge tossed out that part of the lawsuit, noting the sites were on private property not owned by the parish.

At its core, the complaint alleges civil rights violations under the 13th and 14th amendments, stating the land-use system in the parish allowing for industrial buildout primarily in majority-Black communities remains shaped by the history of slavery, white supremacy and Jim Crow laws and governance.

Lawyers for St. James Parish said the lawsuit employed overreaching claims and “inflammatory rhetoric.” St. James Parish did not respond to a request for comment.



The Supreme Court left in place Friday two Biden administration environmental regulations aimed at reducing industry emissions of planet-warming methane and toxic mercury.

The justices did not detail their reasoning in the orders, which came after a flurry of emergency applications to block the rules from industry groups and Republican-leaning states. There were no noted dissents.

The high court is still considering challenges to a third Environmental Protection Agency rule aimed at curbing planet-warming pollution from coal-fired power plants.

The regulations are part of a broader effort by the Biden administration aimed at curbing climate change that includes financial incentives to buy electric vehicles and upgrade infrastructure, and rules tightening tailpipe pollution standards for cars and trucks.

The industry groups and states had argued the EPA overstepped its authority and set unattainable standards with the new regulations. The EPA, though, said the rules are squarely within its legal responsibilities and would protect the public.

An EPA spokesperson said Friday the agency is pleased that the Supreme Court denied applications to stay the final methane and mercury rules. EPA believes the rule tightening methane emissions from oil and gas drilling will deliver major climate and health benefits for all Americans, while the mercury rule will limit hazardous pollution from coal-fired power plants, spokesperson Remmington Belford said.

The methane rule will build on innovative technologies and solutions that many oil- and gas-producing states and companies are already using or have committed to use, while the mercury and air toxics rule “will ensure that the nation’s coal-fired power plants meet up-to-date standards for hazardous air pollutants,” Belford said.

Both rules are firmly grounded in the EPA’s authority under the Clean Air Act, he said. The Supreme Court has shot down other environmental regulations in recent years, including a landmark decision that limited the EPA’s authority to regulate carbon dioxide emissions from power plants in 2022, and another that halted the agency’s air-pollution-fighting “good neighbor” rule.

The methane rule puts new requirements on the oil and gas industry, which is the largest emitter of the gas that’s a key contributor to climate change. A lower court previously refused to halt the regulation.

Methane is the main component in natural gas and is far more potent than carbon dioxide in the short term. Sharp cuts in methane emissions are a global priority — including the United States — to slow the rate of climate change.

The methane rule targets emissions from existing oil and gas wells nationwide, rather than focusing only on new wells. It also regulates smaller wells that will be required to find and plug methane leaks.

Studies have found that smaller wells produce just 6% of the nation’s oil and gas but account for up to half the methane emissions from well sites. The plan also calls for a phased-in requirement for energy companies to eliminate routine flaring, or burning of natural gas that is produced by new oil wells.

The states challenging the rule called the new standards “impossible to meet” and said they amounted to an “attack” on the industry.

The mercury rule, meanwhile, came after a reversal of a move by the Trump administration. It updated regulations that were more than a decade old for emissions of mercury and other harmful pollutants that can affect the nervous system, kidneys and fetal development.

Industry groups and conservative-leaning states argued emissions were already low enough, and the new standards could force the shuttering coal-fired power plants.



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