Alan L Yatvin is a Philadelphia attorney concentrating in police misconduct civil rights, criminal defense and children's disability rights matters. He has tried cases ranging from death penalty homicides to complex municipal liability police misconduct cases. He has also briefed and/or argued appellate matters before the United States Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court, the United States Supreme Court and the Appeal Chamber of the United Nations International Criminal Tribunal for the Former Yugoslavia.
On Sunday, March 25, 2018, Linda Brown of Topeka, Kansas, passed away at age 75. Brown was an educational consultant, civil rights activist and public speaker. But to many she was also the face of a historic decision on desegregation in public education.
In 1950, then seven year old Linda Brown asked her father, Oliver, why she had to make a long walk across train tracks and a busy street to catch a bus to an elementary school across town, when the Sumner Elementary School, attended by her friends from the integrated neighborhood in which she lived, was just four blocks from her house. Oliver Brown promised his daughter he would try to change that. Topeka’s high schools and junior high schools were already integrated, but its elementary schools remained segregated. On the advice of the NAACP, he took her to Sumner to enroll, but they were turned away. Oliver Brown then agreed to be a plaintiff in a suit against the Topeka Board of Education. That suit led to a landmark decision from the United States Supreme Court outlawing so-called separate but equal discrimination in public education. By the time of the 2004 ruling, Linda Brown was enrolled in an integrated junior high school.1https://www.npr.org/sections/thetwo-way/2018/03/26/597154953/linda-brown-who-was-at-center-of-brown-v-board-of-education-dies
On the 50th anniversary of the Brown decision, I wrote an essay for Philadelphia’s newspaper serving the legal community, The Legal Intelligencer. On the occasion of Linda Brown’s passing, I am republishing that essay about the case her father brought to fulfill a promise to her.
I was in The Hague for a meeting of the Association of Defense Counsel at the International Courts (ADC-ICT). This was my last day in The Netherlands before heading home and it was snowing.
With images of Hendrick Avercamp’s impish 17th century paintings and childhood memories of Hans Brinker, or the Silver Skates (book and movie) dancing in my head, I set out for the “centrum” to fill the last afternoon of my vacation. However, that snowy, frozen canal climate is long gone from this country. Unused to so much snow in a short period of time the Dutch city was, if not paralyzed, substantially slowed down.
After wandering around mostly deserted streets, I headed for the oh-so-convenient bus whose route dropped me practically at the door of the home of my friend Michael Karnavas, where I was staying. Over the next hour, it finally dawned on me that despite the illuminated boards assuring that the bus was 9 minutes, then 4 minutes, then 1 minute away, before disappearing from the board altogether, the buses had ceased running. So, I caught the tram to the beach, which I knew stopped behind the building housing the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) a 10 minute walk from my lodgings.
As I walked back, I stopped by the Churchillplein fountain, in front of the Tribunal, to reminisce and contemplate its impending closing.
Insulin isn’t just a drug. It’s the difference between life and death for millions of people with diabetes—and it’s something they will need every day for the rest of their lives.
When you or someone you love needs insulin and cannot afford it, the choices are scary. As the cost of insulin continues to rise, more of us, our family members, our friends and our neighbors are rationing their insulin or doing without other necessities to pay for this lifesaving drug.
The American Diabetes Association’s Board of Directors unanimously passed a resolution calling for immediate action by Congress and by all of the parties involved in the insulin supply chain to ensure affordable insulin for everyone who needs this lifesaving medication.
But to make sure that call is heard by those with the power to make a difference, we need you.
2. Email your friends, family, neighbors, co-workers and classmates to tell them how important it is to keep insulin affordable, and ask them to add their voices to this call to action at stopdiabetes.com/insulin
3. Know other organizations that have a stake in making insulin affordable? Ask them to join us, and make this call for change even stronger.
The hardest part of writing something I am pleased with, is accepting when I can’t get it published. Newspaper and magazine editors only have so much space and they have to triage. When the piece is geographically specific, the available outlets are few. Or maybe what I wrote was junk and I just don’t know it. For better or worse though, because I run a blog I can always self-publish. So before you read on, be forewarned: the following Philadelphia-centric piece has received multiple rejections. I think the message is still worthwhile. But then, I would, right?
It’s 5:30 on a mid-week afternoon, and I am driving north on 16th from Locust Street to JFK Boulevard in Center City Philadelphia. The distance is about seven blocks. The trip will take more than 15 minutes. Continue reading “Traffic Pain in Philadelphia”
Recently, a colleague queried a local criminal justice listserve for advice on filing a police unreasonable force case in Pennsylvania state court in Philadelphia. I responded with some advice and observations on the pros and cons of filing in the Philadelphia Court of Common Pleas (the First Judicial District or “FJD”), versus seven blocks east in the U.S. District Court for the Eastern District of Pennsylvania. This blog post collects and expands upon our email exchange.
The incident at issue involved allegations that Philadelphia police officers beat a suspect. When their further investigation cleared him of the initial criminal allegations, they left him on the street without arresting him or transporting him for medical treatment. There were officers on the scene who did not participate in the beating, but merely stood by without intervening. The proposed plaintiff suffered bruises, contusions, abrasions and broken teeth. He took himself to the hospital, where he was treated and released. He did not have medical insurance and did not receive follow-up treatment. His injuries have resolved, other than his teeth. Continue reading “Where to file a Philadelphia police misconduct suit.”
As I have nearly every January since 1985, I traveled to New York City to teach at the Benajmin N. Cardozo School of Law Intensive Trial Advocacy Program (ITAP) on January 7-10. ITAP, a cornerstone of Cardozo’s practical skills curriculum, is a two week immersion course where students learn cutting edge strategies for courtroom litigation using the National Institute for Trial Advocacy (NITA) model. In a “master class” approach to learning, students practice direct and cross-examinations, interviewing and preparing witnesses, selecting juries, dealing with evidentiary issues, and preparing for and presenting bench and jury trials.
In honor of the namesake of the award I am receiving today, Thurgood Marshall, here is a link to a piece I had published in The Legal Intelligencer in 2004, on the occasion of the 50th anniversary of the Supreme Court’s school desegregation decision in Brown v. Board of Education.
Unfortunate timing has me heading home from The Hague on Monday, one day before the Appeals Chamber of the International Tribunal for the Former Yugoslavia (ICTY) renders its judgment on the appeal of my former client, Milan Lukic. I was appointed to represent Lukic in April of 2006, following his arrest in Argentina and transfer to the ICTY in The Hague.
The Prosecutor sought re-transfer of Lukic and his cousin to the jurisdiction of the national courts in Bosnia and Herzegovina (BiH) pursuant to Rule 11bis. Lukic had been convicted in absentia in Serbia, and he was quite notorious in BiH, so transfer from the security of the United Nations Detention Unit to a jail in BiH might well have resulted in his death.
Today I am off to The Hague, The Netherlands, for the Annual Training and General Assembly of the Association of Defence Counsel Practising before the International Criminal Tribunal for the Former Yugoslavia (ADC-ICTY) on 30 November and 1 December (using European date formats is part of the travel prep). Topics include: Best Practices of Defence Counsel – A View from the Bench, Ethical Considerations for Defence Counsel, The Residual Mechanism, and Review of Appeal Judgements.