Search | Punch and Jurists

U.S. v. Gilbert, No. 98-3635 (11th Cir.) (198 F.3d 1293) (December 28, 1999) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Gilbert, No. 98-3635 (11th Cir.) (198 F.3d 1293) (December 28, 1999) (Judge Edward E. Carnes) by In a footnote to this case, the Court stated that “With the exception of a Tenth Circuit opinion construing the time period for appeal, see U.S. v. Robbins, 179 F.3d 1268, 1270 …

U.S. v. Milloy, No. CR.No. 98-223 (D.N.M.) (75 F.Supp.2d 1276) (November 1, 1999) (Judge James A. Parker)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Milloy, No. CR.No. 98-223 (D.N.M.) (75 F.Supp.2d 1276) (November 1, 1999) (Judge James A. Parker) by Here, although the Court agreed that the defendants were the prevailing parties, it declined to grant fees under the Hyde Amendment because it concluded that the criminal action had not been filed …

U.S. v. McIntosh, No. 98-4023 (7th Cir.) (198 F.3d 995) (January 5, 2000) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Frivolous Claims

U.S. v. McIntosh, No. 98-4023 (7th Cir.) (198 F.3d 995) (January 5, 2000) (Judge Michael S. Kanne) by In this case, the Seventh Circuit rejected the defendant’s claim that the district court had refused to grant him a sentence reduction for acceptance of responsibility, under U.S.S.G. § 3E1.1, as “punishment” …

Carrigan v. Davis, No. 96-8-JJF (D.Del.) (70 F.Supp.2d 448) (September 28, 1999) (Judge Joseph J. Jr. Farnam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Carrigan v. Davis, No. 96-8-JJF (D.Del.) (70 F.Supp.2d 448) (September 28, 1999) (Judge Joseph J. Jr. Farnam) by Here Chief Judge Farnan of the district court in Delaware held that any sexual intercourse between a prison guard and a prison inmate constitutes a per se violation of the Eighth Amendment …

U.S. v. Martinez, No. CR.92-172-02 (WGB) (D.N.J.) (75 F.Supp.2d 360) (November 12, 1999) (Judge William G. Bassler)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Martinez, No. CR.92-172-02 (WGB) (D.N.J.) (75 F.Supp.2d 360) (November 12, 1999) (Judge William G. Bassler) by In holding that a 270-day violation of the Speedy Trial Act mandated a dismissal of the defendant's indictment with prejudice, the Court noted that the Government argued that the delays were due …

U.S. v. Peterson, No. CR. H-97-237 (S.D.Tex.) (71 F.Supp.2d 695) (October 6, 1999) (Judge Ewing Jr. Werlein)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Peterson, No. CR. H-97-237 (S.D.Tex.) (71 F.Supp.2d 695) (October 6, 1999) (Judge Ewing Jr. Werlein) by In denying a request for attorneys' fees under the Hyde Amendment (18 U.S.C. § 3006A, Note), the Court reasoned as follows: "A 'vexatious proceeding' is defined as a "proceeding instituted maliciously and …

Katz v. U.S., No. 98-16298 (9th Cir.) (194 F.3d 962) (October 22, 1999) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Katz v. U.S., No. 98-16298 (9th Cir.) (194 F.3d 962) (October 22, 1999) (Judge David R. Thompson) by Here the Court held that in an excessive force case, a material issue as to whether an officer used excessive force precludes granting a summary judgment motion based on a defense of …

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby) by In this case the Court held that police officers who intentionally violate a suspect's rights under Miranda v. Arizona in order to obtain statements for impeachment purposes …

Brent v. U.S., No. 94-0646-CIV-FERGUSON (S.D.Fla.) (66 F.Supp.2d 1287) (August 2, 1999) (Judge Wilkie D. Jr. Ferguson)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Brent v. U.S., No. 94-0646-CIV-FERGUSON (S.D.Fla.) (66 F.Supp.2d 1287) (August 2, 1999) (Judge Wilkie D. Jr. Ferguson) by The opening paragraphs of this decision depict Government officials at their worst - racially motivated and vindictive in the extreme. Judge Ferguson explained: “This civil rights case is based on allegations of …

Walker v. Bain, No. 95-CV-76273-DT (E.D.Mich.) (65 F.Supp.2d 591) (August 30, 1999) (Judge Magistrate)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Walker v. Bain, No. 95-CV-76273-DT (E.D.Mich.) (65 F.Supp.2d 591) (August 30, 1999) (Judge Magistrate) by In a well-reasoned and impressive decision United States Magistrate Judge Komives held that the Prison Litigation Reform Act (PLRA) section limiting attorney fee awards to inmates under 42 U.S.C. § 1988 to 150 percent of …

Cain v. Rock, No. Civ. Y-98-1930 (D.Md.) (67 F.Supp.2d 544) (October 14, 1999) (Judge Joseph H. Young)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Cain v. Rock, No. Civ. Y-98-1930 (D.Md.) (67 F.Supp.2d 544) (October 14, 1999) (Judge Joseph H. Young) by Here the District Court of Maryland denied a prisoner's civil rights claim under the Eighth Amendment, holding that the random rape of female prisoners by prison guards is not "punishment" for purposes …

Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown) by In our Quote of the Week below, we note that columnist Anthony Lewis of The New York Times has predicted that, by the time America’s two million inmates have been released from prison, …

Iacobucci v. Boulter, No. 97-1485 (1st Cir.) (193 F.3d 14) (October 4, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Damages - Punitive

Iacobucci v. Boulter, No. 97-1485 (1st Cir.) (193 F.3d 14) (October 4, 1999) (Judge Bruce M. Selya) by The U.S. Court of Appeals for the First Circuit held that a police officer who made a false arrest may not be assessed punitive damages in a civil rights action brought by …

Madrid v. Gomez, No. 97-16237 (9th Cir.) (190 F.3d 990) (August 17, 1999) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Madrid v. Gomez, No. 97-16237 (9th Cir.) (190 F.3d 990) (August 17, 1999) (Judge Diarmuid F. O'Scannlain) by Here, following the Supreme Court's decsion inMartin v. Hadix, 527 U.S. 343 (1999), the Ninth Circuit held that the attorney fee caps set forth in 42 U.S.C. § 1997e(d) passed constitutional muster …

U.S. v. Laney, No. 98-10032 (9th Cir.) (189 F.3d 954) (August 30, 1999) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Medical Treatment/Expenses

U.S. v. Laney, No. 98-10032 (9th Cir.) (189 F.3d 954) (August 30, 1999) (Judge Phyllis A. Kravitch) by Here the Court held that the mandatory restitution statute for sex offense crimes (18 USC § 2259) authorizes the courts to impose restitution obligations to cover future medical and counseling services and …

Monroe v. Pape, No. 39 (U.S. Supreme Court) (365 U.S. 167; 81 S.Ct. 473) (February 20, 2061) (Justice Douglas)

Article • October 17, 1999

Filed under: Punch And Jurists, Color of Law

Monroe v. Pape, No. 39 (U.S. Supreme Court) (365 U.S. 167; 81 S.Ct. 473) (February 20, 2061) (Justice Douglas) by In this case, the complaint alleged that 13 Chicago police officers: (1) invaded the plaintiffs' home and searched it without a warrant; (2) arrested and detained Mr. Monroe without a …

Shain v. Ellison, No. CV 96-3774 (E.D.N.Y.) (53 F.Supp.2d 564) (June 1, 1999) (Judge Leonard D. Wexler)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Shain v. Ellison, No. CV 96-3774 (E.D.N.Y.) (53 F.Supp.2d 564) (June 1, 1999) (Judge Leonard D. Wexler) by Case held that county could not claim qualified immunity in action charging that general strip searches of detainees violated the Fourth Amendment in the absence of reasonable suspicion that detainees were concealing …

City of Canton v. Harris, No. 86-1088 (U.S. Supreme Court) (489 U.S. 378; 109 S.Ct. 1197) (February 28, 1989) (Justice White)

Article • August 28, 1999

Filed under: Punch And Jurists, Immunity - Sovereign/Municipal

City of Canton v. Harris, No. 86-1088 (U.S. Supreme Court) (489 U.S. 378; 109 S.Ct. 1197) (February 28, 1989) (Justice White) by In this case, the Court held that deliberate indifference was the minimum standard of culpability necessary to maintain a § 1983 due process action against a municipality for …

Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy)

Article • August 8, 1999

Filed under: Punch And Jurists, Dismissal

Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy) by The Court held that an indictment may be quashed on the basis of prosecutorial misconduct, but only where the Government's misdeeds "substantially influenced the grand jury's decision …

Witt v. Wainwright, No. 84-6325 (U.S. Supreme Court) (470 U.S. 1039; 105 S.Ct. 1415) (March 5, 1985) (Per Curiam)

Article • August 1, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Witt v. Wainwright, No. 84-6325 (U.S. Supreme Court) (470 U.S. 1039; 105 S.Ct. 1415) (March 5, 1985) (Per Curiam) by This case, in which the Court denied a stay in execution, is noted for Justice Marshall's dissent in which he restated his opposition to capital punishment as a violation of …