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U.S. v. $16,500 in U.S. Currency, No. Civ. No. 97-946-FR (D.Or.) (48 F.Supp.2d 1268) (May 8, 1999) (Judge Helen J. Frye)

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

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

U.S. v. $16,500 in U.S. Currency, No. Civ. No. 97-946-FR (D.Or.) (48 F.Supp.2d 1268) (May 8, 1999) (Judge Helen J. Frye) by Here the Court held that where the Government's position in litigating an in rem forfeiture proceeding was not justified, the successful claimants were entitled to attorney's fees under …

Whitley v. Albers, No. 84-1077 (U.S. Supreme Court) (475 U.S. 312; 106 S.Ct. 1078) (March 4, 1986) (Justice O'Connor)

Article • July 9, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Whitley v. Albers, No. 84-1077 (U.S. Supreme Court) (475 U.S. 312; 106 S.Ct. 1078) (March 4, 1986) (Justice O'Connor) by This case involved a prison riot during which an armed guard shot the plaintiff in the leg in an attempt to free a guard being held hostage by the rioting …

D. C. Court of Appeals. v. Feldman, No. 81-1335 (U.S. Supreme Court) (460 U.S. 462; 103 S.Ct. 1303) (March 23, 1983) (Justice Brennan)

Article • July 8, 1999

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

D. C. Court of Appeals. v. Feldman, No. 81-1335 (U.S. Supreme Court) (460 U.S. 462; 103 S.Ct. 1303) (March 23, 1983) (Justice Brennan) by Here the Court held that United States district courts have no jurisdiction over challenges to state-court decisions in particular cases arising out of judicial proceedings even …

Ingraham v. Wright, No. 75-6527 (U.S. Supreme Court) (430 U.S. 651; 97 S.Ct. 1401) (April 19, 1977) (Justice Powell)

Article • June 26, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ingraham v. Wright, No. 75-6527 (U.S. Supreme Court) (430 U.S. 651; 97 S.Ct. 1401) (April 19, 1977) (Justice Powell) by The Court noted in this decision that "While the contours of this historic liberty interest in the context of our federal syatem of government have not been defined precisely, they …

Perri v. Coughlin, No. 90-CV-1160 (N.D.N.Y.) (1999 WL 395374) (June 11, 1999) (Judge Neal P. McCurn)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Perri v. Coughlin, No. 90-CV-1160 (N.D.N.Y.) (1999 WL 395374) (June 11, 1999) (Judge Neal P. McCurn) by Last week the Department of Justice released its first comprehensive study on the rapidly growing number of emotionally disturbed people in America's prisons and jails. That report is available on the Internet at …

LaGrand v. Stewart, No. 99-99004 (9th Cir.) (173 F.3d 1144) (February 24, 1999) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

LaGrand v. Stewart, No. 99-99004 (9th Cir.) (173 F.3d 1144) (February 24, 1999) (Judge Thomas G. Nelson) by Holding that Eighth Amendment protections, at least in the area of capital punishment, cannot be waived, the court held that the Arizona method of usinf lethal gas to execute inmates is unconstitutional.

Wakefield v. Thompson, No. 96-16323 (9th Cir.) (177 F.3d 1160) (May 27, 1999) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Wakefield v. Thompson, No. 96-16323 (9th Cir.) (177 F.3d 1160) (May 27, 1999) (Judge Stephen Reinhardt) by The petitioner in this case suffered from Organic Delusional Disorder, a malady which, when untreated, rendered him prone to violent outbursts. During his term of imprisonment at San Quentin, he was required by …

Hanlon v. Berger, No. 97-1927 (U.S. Supreme Court) (526 U.S. 808; 119 S.Ct. 1706) (May 24, 1999) (Per Curiam)

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

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

Hanlon v. Berger, No. 97-1927 (U.S. Supreme Court) (526 U.S. 808; 119 S.Ct. 1706) (May 24, 1999) (Per Curiam) by In this case, Federal law enforcement agents executed a search warrant accompanied by photographers and reporters from Cable News Network, who recorded the agents in executing the warrant. Subsequently, the …

U.S. v. Cohen, No. 97-1888 (3rd Cir.) (171 F.3d 796) (February 19, 1999) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Immunity - Judicial

U.S. v. Cohen, No. 97-1888 (3rd Cir.) (171 F.3d 796) (February 19, 1999) (Judge Richard L. Nygaard) by One of the issues in this case dealt with the defendant’s claim that the district court erred by refusing to confer judicial immunity on a witness crucial to his defense. That claim, …

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist)

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

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

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist) by Quote from Justice Steven's dissent in which he set forth sections of a U.S. Marshal's manual on the importance of the media in accompanying law enforcement officials when they execute …

U.S. v. Holland, No. 2:97cr139 (E.D.Va.) (34 F.Supp.2d 346) (February 3, 1999) (Judge Henry Coke Jr. Morgan)

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

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

U.S. v. Holland, No. 2:97cr139 (E.D.Va.) (34 F.Supp.2d 346) (February 3, 1999) (Judge Henry Coke Jr. Morgan) by In theory, this case is about the recently enacted Hyde Amendment, a statute that allows criminal defendants to recover attorneys' fees in cases where the court finds that the prosecutor acted vexatiously, …

U.S. v. Brown, No. 97-2295 (6th Cir.) (169 F.3d 344) (February 26, 1999) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Brown, No. 97-2295 (6th Cir.) (169 F.3d 344) (February 26, 1999) (Judge Eric L. Clay) by This is one of those rare cases in which the Sixth Circuit upheld a district court’s dismissal, with prejudice, of an indictment on the grounds of a Speedy Trial violation. As can …

Bass v. Perrin, No. 96-3428 (11th Cir.) (170 F.3d 1312) (April 1, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Bass v. Perrin, No. 96-3428 (11th Cir.) (170 F.3d 1312) (April 1, 1999) (Judge Gerald B. Tjoflat) by The great Russian novelist Fydor Mikhailovich Dostoyevsky once wrote "the degree of civilization in a society is revealed by entering its prisons." F. Dostoyevsky, The House of the Dead 76 (C. Garnett …

Spurlock v. Satterfield, No. 97-6076 (6th Cir.) (167 F.3d 995) (February 11, 1999) (Judge Nathaniel R. Jones)

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

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

Spurlock v. Satterfield, No. 97-6076 (6th Cir.) (167 F.3d 995) (February 11, 1999) (Judge Nathaniel R. Jones) by In this case, one of the defendants from the judgment of the District Court, denying his motion to dismiss this civil rights suit for damages based on absolute or qualified immunity. Plaintiffs …

Morgan v. Gertz, No. 97-1427 (10th Cir.) (166 F.3d 1307) (February 8, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, False Arrrest/Malicious Prosecution

Morgan v. Gertz, No. 97-1427 (10th Cir.) (166 F.3d 1307) (February 8, 1999) (Judge Mary Beck Briscoe) by This case is another example of how the courts protect the criminal justice system - even when law enforcement officials maliciously abuse their power. In this civil rights suit for damages, the …

U.S. v. Derrick, No. 97-4230 (4th Cir.) (163 F.3d 799) (November 23, 1998) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Derrick, No. 97-4230 (4th Cir.) (163 F.3d 799) (November 23, 1998) (Judge J. Michael Luttig) by The facts of this horrendous case are outlined in Judge Hawkin's lengthy and detailed decision, U.S. v. Taylor, 956 F.Supp. 622 (1997) - where he found prolonged, deliberate and bad-faith Governmental misconduct …

Westfall v. Erwin, No. 86-714 (U.S. Supreme Court) (484 U.S. 292; 108 S.Ct. 580) (January 13, 1988) (Justice Marshall)

Article • January 17, 1999

Filed under: Punch And Jurists, Westfall Act

Westfall v. Erwin, No. 86-714 (U.S. Supreme Court) (484 U.S. 292; 108 S.Ct. 580) (January 13, 1988) (Justice Marshall) by Here thet court held that absolute immunity from state-law tort actions was available to federal employees only when their conduct was both "within the scope of their official duties and …

Richardson v. Morris, No. 76-603 (U.S. Supreme Court) (409 U.S. 464; 93 S.Ct. 629) (January 15, 1973) (Per Curiam)

Article • December 13, 1998

Filed under: Punch And Jurists, Tucker Act

Richardson v. Morris, No. 76-603 (U.S. Supreme Court) (409 U.S. 464; 93 S.Ct. 629) (January 15, 1973) (Per Curiam) by Case held that the Tucker Act plainly gives district courts jurisdiction over claims against the United States for money damages of less than $10,000 that are "founded . . . …

Lopez v. Smith, No. 97-16987 (9th Cir.) (160 F.3d 567) (November 9, 1998) (Judge Joseph T. Sneed)

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

Filed under: Punch And Jurists, Frivolous Claims

Lopez v. Smith, No. 97-16987 (9th Cir.) (160 F.3d 567) (November 9, 1998) (Judge Joseph T. Sneed) by See subsequent en banc decision reported at 203 F.3d 1122 (9th Cir. 2000). In this decision, which was subsequently reversed by a divided en banc court, the panel held that the PLRA …

U.S. v. Gardner, No. 97-CR-34-H (N.D.Okla.) (23 F.Supp.2d 1283) (July 7, 1998) (Judge Sven Erik Holmes)

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

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

U.S. v. Gardner, No. 97-CR-34-H (N.D.Okla.) (23 F.Supp.2d 1283) (July 7, 1998) (Judge Sven Erik Holmes) by In many ways the year 1998 brought into focus both the extraordinary role of the prosecutors in shaping the criminal justice system and the absence of any meaningful curbs on their awesome power. …