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Carpenter v. U.S., No. 16-402 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2206) (June 22, 2018) (Justice (John G.) Roberts)

Article • June 11, 2018 • from P&J June, 2018

Filed under: Punch And Jurists, Privacy Act/Rights

Carpenter v. U.S., No. 16-402 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2206) (June 22, 2018) (Justice (John G.) Roberts) by As modern day technology continues to test the limits of many long-held constitutional precepts, the question before the Court in this case was whether the Government conducts a …

Associated Press v. U.S. Department of Justice, No. 07-1384-cv (2nd Cir.) (549 F.3d 62) (December 1, 2008) (Per Curiam)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Privacy Act/Rights

Associated Press v. U.S. Department of Justice, No. 07-1384-cv (2nd Cir.) (549 F.3d 62) (December 1, 2008) (Per Curiam) by In a matter brought by Associated Press for denial of request for any petitions seeking to reduce a twenty-two year prison sentence of John Walker Lindh, convicted of aiding the …

Brown v. Bureau of Prisons, No. 06-1606 (GK) (D.D.C.) (498 F.Supp.2d 298) (August 6, 2007) (Judge Gladys Kessler)

Article • September 1, 2007 • from P&J September, 2007

Filed under: Punch And Jurists, Privacy Act/Rights

Brown v. Bureau of Prisons, No. 06-1606 (GK) (D.D.C.) (498 F.Supp.2d 298) (August 6, 2007) (Judge Gladys Kessler) by Whitney Brown is serving a 360-month sentence in a Federal prison. He brought a civil action against the Federal Bureau of Prisons (BOP), under the Privacy Act, 5 U.S.C. § 552a …

Paul v. Davis, No. 74-891 (U.S. Supreme Court) (424 U.S. 693; 96 S.Ct. 1155) (March 23, 1976) (Justice Rehnquist)

Article • November 5, 2006

Filed under: Punch And Jurists, Privacy Act/Rights

Paul v. Davis, No. 74-891 (U.S. Supreme Court) (424 U.S. 693; 96 S.Ct. 1155) (March 23, 1976) (Justice Rehnquist) by In this case the Court explained that the Due Process Clause makes actionable many wrongs inflicted by government employees which had theretofore been considered immune from liability. In that case, …

Katz v. U.S., No. 35 (U.S. Supreme Court) (389 U.S. 347; 88 S.Ct. 507) (December 18, 2067) (Justice Stewart)

Article • October 21, 2005

Filed under: Punch And Jurists, Privacy Act/Rights

Katz v. U.S., No. 35 (U.S. Supreme Court) (389 U.S. 347; 88 S.Ct. 507) (December 18, 2067) (Justice Stewart) by This seminal case established a 2 prong test for determining whether a warrantless search violates a defendant's expectation of privacy: (a) he must have a subjective expectation of privacy, and …

Martiszus v. Washington County, No. Civ. No. 03-750-MO (D.Or.) (325 F.Supp.2d 1160) (July 21, 2004) (Judge Michael W. Mosman)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Martiszus v. Washington County, No. Civ. No. 03-750-MO (D.Or.) (325 F.Supp.2d 1160) (July 21, 2004) (Judge Michael W. Mosman) by This is the first case we have seen interpreting (and somewhat limiting the broad sweep of) the Supreme Court's decision in Hiibel v. Sixth Judicial Dist. Court of Nev., 124 …

Demery v. Arpaio, No. 03-15698 (9th Cir.) (378 F.3d 1020) (August 6, 2004) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Demery v. Arpaio, No. 03-15698 (9th Cir.) (378 F.3d 1020) (August 6, 2004) (Judge Richard A. Paez) by Joe Arpaio, the 72-year old, self-proclaimed “toughest Sheriff in America” from Maricopa County, AZ, has always believed that his divine mission in life is to out-duel the judges and the legislators for …

Hiibel v. Sixth Judicial Dist. Ct. of Nevada, No. 03-5554 (U.S. Supreme Court) (542 U.S. 177; 124 S.Ct. 2451) (June 21, 2004) (Justice Kennedy)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Hiibel v. Sixth Judicial Dist. Ct. of Nevada, No. 03-5554 (U.S. Supreme Court) (542 U.S. 177; 124 S.Ct. 2451) (June 21, 2004) (Justice Kennedy) by Larry “Dudley” Hiibel, a Nevada cattle rancher and a person dubbed by the Nevada courts as a “dedicated libertarian,” was prosecuted under a Nevada law …

Stanley v. Georgia, No. 293 (U.S. Supreme Court) (394 U.S. 557; 89 S.Ct. 1243) (April 7, 1969) (Justice Marshall)

Article • August 26, 2003

Filed under: Punch And Jurists, Privacy Act/Rights

Stanley v. Georgia, No. 293 (U.S. Supreme Court) (394 U.S. 557; 89 S.Ct. 1243) (April 7, 1969) (Justice Marshall) by The petitioner in this case was convicted under Georgia law for possessing obscene materials which were discovered by federal and state agents who were searching his house for evidence of …

Caldarola v. County of Westchester, No. 01-7457 (2nd Cir.) (343 F.3d 570) (September 9, 2003) (Judge Fred I. Parker)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Perp Walks/Ride-Alongs

Caldarola v. County of Westchester, No. 01-7457 (2nd Cir.) (343 F.3d 570) (September 9, 2003) (Judge Fred I. Parker) by In 1999, a number of corrections officers working for the Westchester County Department of Corrections were arrested on charges of grand larceny, arising out of their suspected receipt of disability …

Capital Collateral Counsel v. Dept. of Justice, No. 02-14274 (11th Cir.) (331 F.3d 799) (May 20, 2003) (Judge Susan H. Black)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Privacy Act/Rights

Capital Collateral Counsel v. Dept. of Justice, No. 02-14274 (11th Cir.) (331 F.3d 799) (May 20, 2003) (Judge Susan H. Black) by This case involves a Freedom of Information Act (FOIA) request for information concerning disciplinary sanctions imposed on a former Assistant U.S. Attorney, one Karen Cox, for acts of …

Wyman v. James, No. 69 (U.S. Supreme Court) (400 U.S. 309; 91 S.Ct. 381) (January 12, 1971) (Justice Blackmun)

Article • October 29, 2002

Filed under: Punch And Jurists, Privacy Act/Rights

Wyman v. James, No. 69 (U.S. Supreme Court) (400 U.S. 309; 91 S.Ct. 381) (January 12, 1971) (Justice Blackmun) by This case involved an action brought by a welfare recipien, Barbara James, who claimed that requiring her to submit to home visits by caseworkers as a condition of receiving benefits …

Hudson v. Palmer, No. 82-1630 (U.S. Supreme Court) (468 U.S. 517; 104 S.Ct. 3194) (July 3, 1984) (Justice Burger)

Article • October 14, 2002

Filed under: Punch And Jurists, Privacy Act/Rights

Hudson v. Palmer, No. 82-1630 (U.S. Supreme Court) (468 U.S. 517; 104 S.Ct. 3194) (July 3, 1984) (Justice Burger) by In this case, an imnate brought a § 1983 action challenging a "shakedown" search of his prison cell; the inmate alleged that the search was conducted solely to harass him …

U.S. v. Haqq, No. 00 Cr. 278(NRB) (S.D.N.Y.) (213 F.Supp.2d 383) (July 31, 2002) (Judge Naomi Reice Buchwald)

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

Filed under: Punch And Jurists, Privacy Act/Rights

U.S. v. Haqq, No. 00 Cr. 278(NRB) (S.D.N.Y.) (213 F.Supp.2d 383) (July 31, 2002) (Judge Naomi Reice Buchwald) by Here, on remand, Judge Bushwald again granted a suppression motion, after responding to the 2nd Circuit's direction that it determine specifically whether the defendant had a pivacy interest in a suitcase …

Toolasprashad v. Bureau of Prisons, No. 00-5425 (D.C. Cir.) (286 F.3d 576) (April 19, 2002) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Toolasprashad v. Bureau of Prisons, No. 00-5425 (D.C. Cir.) (286 F.3d 576) (April 19, 2002) (Judge David S. Tatel) by This case is noted principally for its strong endorsement of the use of the Privacy Act (5 U.S.C. § 552a) as a tool for combating retaliatory transfers and reclassifications or …

Fattahi v. Bureau of Alcohol, Tobacco & Firearms, No. CIV.A. 01-1094-A (E.D.Va.) (195 F.Supp.2d 745) (April 2, 2002) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Fattahi v. Bureau of Alcohol, Tobacco & Firearms, No. CIV.A. 01-1094-A (E.D.Va.) (195 F.Supp.2d 745) (April 2, 2002) (Judge Thomas Selby III Ellis) by Here the Court declined to reconsider it decision reported at 186 F.Supp.2d 656, which held that the ATF had not violated the petitioner's rights under the …

Fattahi v. Bureau of of Alcohol, Tobacco & Firearms, No. CIV.A.01-1094-A (E.D.Va.) (186 F.Supp.2d 656) (February 26, 2002) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Fattahi v. Bureau of of Alcohol, Tobacco & Firearms, No. CIV.A.01-1094-A (E.D.Va.) (186 F.Supp.2d 656) (February 26, 2002) (Judge Thomas Selby III Ellis) by This case is moted for its discussion of the Privacy Act, and particularly how two of the 13 exceptions to that Act (the "consent" and "routine …

Whalen v. Roe, No. 75-839 (U.S. Supreme Court) (429 U.S. 589; 97 S.Ct. 869) (February 22, 1977) (Justice Stevens)

Article • September 12, 2000

Filed under: Punch And Jurists, Privacy Act/Rights

Whalen v. Roe, No. 75-839 (U.S. Supreme Court) (429 U.S. 589; 97 S.Ct. 869) (February 22, 1977) (Justice Stevens) by Here the Court identified two legal principles arising from the 14th Amendment's right of privacy: the first protects the individual's right to make certain personal choices; and the second protects …

Minnesota v. Olson, No. 88-1916 (U.S. Supreme Court) (495 U.S. 91; 110 S.Ct. 1864) (April 18, 1990) (Justice White)

Article • August 19, 2000

Filed under: Punch And Jurists, Privacy Act/Rights

Minnesota v. Olson, No. 88-1916 (U.S. Supreme Court) (495 U.S. 91; 110 S.Ct. 1864) (April 18, 1990) (Justice White) by In this case, the Court held that overnight guests in the homes of third persons can have a reasonable expectation of privacy in those premises and this could challenge officers' …

Lauro v. Charles, No. 99-7239 (2nd Cir.) (219 F.3d 202) (July 28, 2000) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Lauro v. Charles, No. 99-7239 (2nd Cir.) (219 F.3d 202) (July 28, 2000) (Judge Guido Calabresi) by Here the Court held that the plaintiff's staged "perp walk" implicated his privacy rights, and since no legitimate government purposes was served, the perp walk violated the plaintiff's constitutional right to be free …