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Punch and Jurists: May 30, 2011

Issue PDF
Volume 18, Number 11

In this issue:

  1. Johnson v. Manitowoc County, No. 10-2409 (7th Cir.) (635 F.3d 331) (March 10, 2011) (Judge Terrence T. Evans) (p None)
  2. Chattler v. U.S., No. 2010-1066 (Fed. Cir.) (632 F.3d 1324) (January 10, 2011) (Judge Richard Linn) (p None)
  3. Brown v. Plata, No. 09-1233 (U.S. Supreme Court) (563 U.S. 493; 131 S.Ct. 1910) (May 23, 2011) (Justice Kennedy) (p None)
  4. Kentucky v. King, No. 09-1272 (U.S. Supreme Court) (563 U.S. 452; 131 S.Ct. 1849) (May 16, 2011) (Justice Alito) (p None)
  5. Herr v. Peterson, No. Civ. No. 09-2741 (RHK/FLN) (D.Minn.) (751 F.Supp.2d 1093) (November 16, 2010) (Judge Richard H. Kyle) (p None)
  6. Gilbert v. U.S., No. 09-12513 (11th Cir.) (640 F.3d 1293) (May 19, 2011) (Judge Edward E. Carnes) (p None)

Johnson v. Manitowoc County, No. 10-2409 (7th Cir.) (635 F.3d 331) (March 10, 2011) (Judge Terrence T. Evans)

Here the Court held that an innocent landlord, whose premises were systematically ripped apart and damaged by the police using a jackhammer during a search for evidence about a tenant, is not entitled to damages under the Fourth or Fifth Amendments.

This depressing is a painful reminder that citizend often ...

Chattler v. U.S., No. 2010-1066 (Fed. Cir.) (632 F.3d 1324) (January 10, 2011) (Judge Richard Linn)

This is not a criminal case - but it does epitomize the crazy frustration that the average citizen must endure when dealing with Big Brother at its worst. In addition, if Bernie Madoff had been accused of pulling off the scam that the Department of State did in this case, ...

Brown v. Plata, No. 09-1233 (U.S. Supreme Court) (563 U.S. 493; 131 S.Ct. 1910) (May 23, 2011) (Justice Kennedy)

Here a sharply divided Court affirmed a lower court order directing California to reduce its prison population to 137% of design capacity to remedy systemic constitutional violations resulting from the denial of adequate medical care to prisoners.

To fully appreciate the heated discussion that took place in this decision regarding ...

Kentucky v. King, No. 09-1272 (U.S. Supreme Court) (563 U.S. 452; 131 S.Ct. 1849) (May 16, 2011) (Justice Alito)

Here the Court held by an 8-1 vote that a warrantless home entry based on exigent circumstances - even when the exigent circumstances were created by the police - does not violate the Fourth Amendment so long as the police conduct was reasonable.

In this case, the Supreme Court addressed ...

Herr v. Peterson, No. Civ. No. 09-2741 (RHK/FLN) (D.Minn.) (751 F.Supp.2d 1093) (November 16, 2010) (Judge Richard H. Kyle)

Here the Court dismissed, on the grounds of qualified immunity, an excessive force lawsuit against a SWAT team of police officers who broke into a house, grabbed an unarmed mother, threw her to the floor, and twice kicked her in the ribs.

This frightful case is another in a long ...

Gilbert v. U.S., No. 09-12513 (11th Cir.) (640 F.3d 1293) (May 19, 2011) (Judge Edward E. Carnes)

Here an 8-3 majority held that a federal prisoner who had previously filed an application for relief under § 2255 could not use the “savings clause” to raise, in a later § 2241 petition, his claim that he was erroneously sentenced as a career offender.

This is an important and ...