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Goldschmidt v. Coco, No. 05 C 1822 (N.D.Ill.) (413 F.Supp.2d 949) (February 7, 2006) (Judge Elaine E. Bucklo)

Article • April 1, 2006 • from P&J April, 2006

Filed under: Punch And Jurists, Prohibitions on Taking Notes

Goldschmidt v. Coco, No. 05 C 1822 (N.D.Ill.) (413 F.Supp.2d 949) (February 7, 2006) (Judge Elaine E. Bucklo) by This is an interesting decision in which Judge Bucklo held that Judge Gloria Coco of the Circuit Court of Cook County, IL had violated the plaintiff’s First Amendment rights by imposing …

Christopher v. Harbury, No. 01-394 (U.S. Supreme Court) (536 U.S. 403; 122 S.Ct. 2179) (June 20, 2002) (Justice Souter)

Article • October 15, 2004

Filed under: Punch And Jurists, Bivens Actions

Christopher v. Harbury, No. 01-394 (U.S. Supreme Court) (536 U.S. 403; 122 S.Ct. 2179) (June 20, 2002) (Justice Souter) by Here the Court spelled out in detail the elements required to state a viable cause of action of a claim for backwatd-looking denial of access to the courts, in the …

Bivens v. Six Unknown Fed. Narcotics Agents, No. 301 (U.S. Supreme Court) (403 U.S. 388; 91 S.Ct. 1999) (June 21, 1971) (Justice Brennan)

Article • May 28, 2004

Filed under: Punch And Jurists, Bivens Actions

Bivens v. Six Unknown Fed. Narcotics Agents, No. 301 (U.S. Supreme Court) (403 U.S. 388; 91 S.Ct. 1999) (June 21, 1971) (Justice Brennan) by This seminal case established that federal courts have the inherent authority to award damages to plaintiffs whose federal constitutional rights are violated by federal officials. Such …

ABC, Inc. v. Stewart, No. 04-0220-CR (2nd Cir.) (360 F.3d 90) (February 18, 2004) (Judge Robert A. Katzmann)

Article • January 1, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Access To Courts

ABC, Inc. v. Stewart, No. 04-0220-CR (2nd Cir.) (360 F.3d 90) (February 18, 2004) (Judge Robert A. Katzmann) by Here the Court held that the district court violated the media’s First Amendment rights of access to the courts when it excluded the media from the voire dire jury selection aspects …

Bounds v. Smith, No. 75-915 (U.S. Supreme Court) (430 U.S. 817; 97 S.Ct. 1491) (April 27, 1977) (Justice Marshall)

Article • June 16, 2003

Filed under: Punch And Jurists, Access To Courts

Bounds v. Smith, No. 75-915 (U.S. Supreme Court) (430 U.S. 817; 97 S.Ct. 1491) (April 27, 1977) (Justice Marshall) by Here the Court held that the fundamental constitutional right of access to the courts requires prison authorities to assist prisoners in the preparation and filing of meaningful legal papers by …

Gonzalez-Rucci v. U.S., No. Civ. No. 99-2352(JAG) (D.Puerto Rico) (218 F.Supp.2d 161) (July 29, 2002) (Judge Jay A. Garcia-Gregory)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Bivens Actions

Gonzalez-Rucci v. U.S., No. Civ. No. 99-2352(JAG) (D.Puerto Rico) (218 F.Supp.2d 161) (July 29, 2002) (Judge Jay A. Garcia-Gregory) by Here, despite serious instances of unmitigated abuse of power by an INS agent, the Court dismissed the plaintiff's tort claims and Bivens actions because she had missed, by two days, …

Correctional Services Corp. v. Malesko, No. 00-860 (U.S. Supreme Court) (534 U.S. 61; 122 S.Ct. 515) (November 27, 2001) (Justice Rehnquist)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Bivens Actions

Correctional Services Corp. v. Malesko, No. 00-860 (U.S. Supreme Court) (534 U.S. 61; 122 S.Ct. 515) (November 27, 2001) (Justice Rehnquist) by Here the Court held, by a 5 to 4 vote, that Bivens actions should not be extended to cover civil rights claims against a private prison corporation operating …

Hart v. Massanari, No. 99-56472 (9th Cir.) (266 F.3d 1155) (September 24, 2001) (Judge Alex Kozinski)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

Hart v. Massanari, No. 99-56472 (9th Cir.) (266 F.3d 1155) (September 24, 2001) (Judge Alex Kozinski) by Some differing views on whether the Federal judiciary is so overloaded with work that it justifies the growing use of unpublished decisions. Quote of the Week - Two views on whether there are …

U.S. v. Rivera-Sanchez, No. 99-10243 (9th Cir.) (222 F.3d 1057) (August 2, 2000) (Judge Arthur L. Alarcon)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

U.S. v. Rivera-Sanchez, No. 99-10243 (9th Cir.) (222 F.3d 1057) (August 2, 2000) (Judge Arthur L. Alarcon) by Quotes, principally from Professor Robert Van Der Velde's revealing study, "Quiet Justice: Unreported Decisions of the United States Courts of Appeal," which explore some the obvious and hidden evils that stem from …

Anastasoff v. U.S., No. 99-3917 EM (8th Cir.) (223 F.3d 898) (August 22, 2000) (Judge Richard S. Arnold)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

Anastasoff v. U.S., No. 99-3917 EM (8th Cir.) (223 F.3d 898) (August 22, 2000) (Judge Richard S. Arnold) by Quotes, principally from Professor Robert Van Der Velde's revealing study, "Quiet Justice: Unreported Decisions of the United States Courts of Appeal," which explore some the obvious and hidden evils that stem …

Hadix v. Johnson, No. 96-2387 (6th Cir.) (182 F.3d 400) (July 14, 1999) (Judge Martha Craig Daughtrey)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Access To Courts

Hadix v. Johnson, No. 96-2387 (6th Cir.) (182 F.3d 400) (July 14, 1999) (Judge Martha Craig Daughtrey) by On this denial of a rehearing en banc, the Court slightly modified its prior decision reported at 173 F.3d 958, vacting final injunction granted by the district court to prevent prison officials …

Hadix v. Johnson, No. 96-2387 (6th Cir.) (173 F.3d 958) (April 1, 1999) (Judge Martha Craig Daughtrey)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Access To Courts

Hadix v. Johnson, No. 96-2387 (6th Cir.) (173 F.3d 958) (April 1, 1999) (Judge Martha Craig Daughtrey) by Citing Lewis v. Casey, 518 U.S. 343 91996), the court held that inmates alleging a systemic violation of their right of access to the courts must show a "widespread actual injury".

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

U.S. v. Goodman, No. 97-1513 (2nd Cir.) (165 F.3d 169) (January 20, 1999) (Judge Jon O. Newman) by Quote from an article in The New York Times which described some of the effects of the increasing case-load that courts face and showed how that process is leading to greater numbers …

Federal Deposit Ins. Corp. v. Meyer, No. 92-741 (U.S. Supreme Court) (510 U.S. 471; 114 S.Ct. 996) (February 23, 1994) (Justice Thomas)

Article • December 13, 1998

Filed under: Punch And Jurists, Bivens Actions

Federal Deposit Ins. Corp. v. Meyer, No. 92-741 (U.S. Supreme Court) (510 U.S. 471; 114 S.Ct. 996) (February 23, 1994) (Justice Thomas) by In this case the Court reasoned that it had implied a cause of action against the officials in Bivens v. Six Unknown Named Agents of the Fed. …

In Re City of Philadelphia Litigation, No. 96-1978 (3rd Cir.) (158 F.3d 723) (September 9, 1998) (Judge Carol Los Mansmann)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Bivens Actions

In Re City of Philadelphia Litigation, No. 96-1978 (3rd Cir.) (158 F.3d 723) (September 9, 1998) (Judge Carol Los Mansmann) by Here the Court affirmed that the proper subjective standard calls for a showing of an intention to do what is known to be wrong - and based on that …

U.S. v. Marroquin, No. 97-1653 (1st Cir.) (136 F.3d 220) (February 17, 1998) (Judge Levin H. Campbell)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

U.S. v. Marroquin, No. 97-1653 (1st Cir.) (136 F.3d 220) (February 17, 1998) (Judge Levin H. Campbell) by Special Commentary In the February 2, 1998 issue of Punch and Jurists, we reported on what appeared to us to be a dramatic increase in the use of unpublished decisions by the …

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Access To Courts

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate) by This is one of those indigent pro se prisoner cases, routinely was assigned to a Magistrate Judge, which just may have produced some unintended and highly provocative results. The Magistrate’s Memorandum and Order revealed …

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

U.S. v. Ortega-Mendoza, No. 97-0248-LFO (D.D.C.) (981 F.Supp. 694) (November 25, 1997) (Judge Louis F. Oberdorfer) by Special Commentary "It's my game, my field, my rules and I'm the referee!" We have often complained about a practice which in recent years seems to be growing out of proportion - the …

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by United States v. Ortega-Mendoza, 981 F.Supp. 694 (D.D.C. 1997) (Judge Oberdorfer) Pimental v. United States, 981 F.Supp. 697 (D.Mass. 1997) (Judge Young) These two cases, related by a common issue, are …

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Unpublished/Withdrawn/Redacted Decisions

Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young) by Some comments on the evils of the growing trend of using unpublished decisions by the courts. SPECIAL COMENTARY “It’s my game, my field, my rules and I’m the referee!” We have …