Search | Punch and Jurists

Bradley v. Puckett, No. 98-60102 (5th Cir.) (157 F.3d 1022) (October 26, 1998) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Bradley v. Puckett, No. 98-60102 (5th Cir.) (157 F.3d 1022) (October 26, 1998) (Judge Reynaldo G. Garza) by A rare case in which the Court held that a disabled inmate had made a sufficient showing of cruel and unusual punishment due to the prison's actions which precluded him from showering.

Chambers v. Bowersox, No. 97-3067WM (8th Cir.) (157 F.3d 560) (September 23, 1998) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Chambers v. Bowersox, No. 97-3067WM (8th Cir.) (157 F.3d 560) (September 23, 1998) (Judge Richard S. Arnold) by The Court noted that the average length of time served on death row between sentence and execution for the 45 persons executed in the U.S. in 1996 was ten and a half …

U.S. v. Reyes, No. Crim. No. 97-147-ALL (S.D.Tex.) (16 F.Supp.2d 759) (July 14, 1998) (Judge David Hittner)

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

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

U.S. v. Reyes, No. Crim. No. 97-147-ALL (S.D.Tex.) (16 F.Supp.2d 759) (July 14, 1998) (Judge David Hittner) by The defendant in this case was indicted on three counts of aiding and abetting Federal program bribery. The trial court granted the defendant's motion for a judgment of acquittal pursuant to Rule …

Garner v. Meoli, No. Civ.A. 96-1351 (E.D.Pa.) (19 F.Supp.2d 378) (August 31, 1998) (Judge Jan E. Dubois)

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

Filed under: Punch And Jurists, Damages - Punitive

Garner v. Meoli, No. Civ.A. 96-1351 (E.D.Pa.) (19 F.Supp.2d 378) (August 31, 1998) (Judge Jan E. Dubois) by This is a rare case in which the Court refused to vacate a jury award of punitive damages, in the amounts of $500,000 and $250,000, against two police officers for using excessive …

Stump v. Sparkman, No. 76-1750 (U.S. Supreme Court) (435 U.S. 349; 98 S.Ct. 1099) (February 28, 1978) (Justice White)

Article • October 31, 1998

Filed under: Punch And Jurists, Immunity - Judicial

Stump v. Sparkman, No. 76-1750 (U.S. Supreme Court) (435 U.S. 349; 98 S.Ct. 1099) (February 28, 1978) (Justice White) by Here the Court held that State law vested in the Circuit Judge the power to entertain and act upon a petition for sterilization, and he was, therefore, immune from damages …

Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson)

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

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

Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson) by Quote from Justice Burger which notes that policemen do not have the time, inclination, or training to read and grasp all the nuances of appellate decisions which define the standards of …

Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson)

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

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

Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson) by This case set off a seething and often ungracious donnybrook; and it is noted not just for its important and detailed (albeit dramatically conflicting) discussions of the current state of the …

Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya)

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

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

Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya) by This decision contains a detailed look at the legal landscape of qualified immunity and supervisory liability in civil rights cases; but its opening paragraph suggests that the reader is about to embark …

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins)

Article • September 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Harris, No. 96-10416 (9th Cir.) (154 F.3d 1082) (September 9, 1998) (Judge Charles E. Wiggins) by Although the Court held that it was bound by precedent to affirm a sentence of 95 years, it issued a strong call to Congress to amend the mandatory minimum laws to give …

Cohen v. U.S., No. 97-8737 (11th Cir.) (151 F.3d 1338) (August 26, 1998) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)

Cohen v. U.S., No. 97-8737 (11th Cir.) (151 F.3d 1338) (August 26, 1998) (Judge Edward E. Carnes) by While incarcerated at a minimum security federal prison, plaintiff William Cohen was injured when he was attacked by another inmate. (Cohen was watching television in a common area of his prison, when …

Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya)

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

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

Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya) by This decision contains a detailed look at the legal landscape of qualified immunity and supervisory liability in civil rights cases; but its opening paragraph suggests that the reader is about to embark …

Madrid v. Gomez, No. 96-17277 (9th Cir.) (150 F.3d 1030) (July 2, 1998) (Judge Diarmuid F. O'Scannlain)

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

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

Madrid v. Gomez, No. 96-17277 (9th Cir.) (150 F.3d 1030) (July 2, 1998) (Judge Diarmuid F. O'Scannlain) by While this case deals principally with the new attorney's fee limitations contained in the Prison Litigation Reform Act (PLRA), it is noted both for its ruling and because it recalls District Judge …

U.S. v. Lin Lyn Trading, Ltd., No. 96-4126 (D.Utah) (149 F.3d 1112) (July 6, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Lin Lyn Trading, Ltd., No. 96-4126 (D.Utah) (149 F.3d 1112) (July 6, 1998) (Judge David M. Ebel) by Court reversed district court's dismissal of indictment as overly harsh, based on the Government's invasion of defendant's Sixth Amendment right to counsel - finding lack of sufficient prejudice.

Berryman v. Rieger, No. 96-2337 (6th Cir.) (150 F.3d 561) (July 6, 1998) (Judge Gilbert S. Merritt)

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

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

Berryman v. Rieger, No. 96-2337 (6th Cir.) (150 F.3d 561) (July 6, 1998) (Judge Gilbert S. Merritt) by In this case the Court denied qualified immunity to a prison doctor and prison nurses who, by appealing, had unnecessarily protracted the litigation by three and a half years.

U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman) by Court granted motion to dismiss indictment on grounds that it was too imprecise to enable defendant to adequately prepare a defense.

Muhammed v. U.S., No. 4:96-CV-711-A (N.D.Tex.) (6 F.Supp.2d 582) (May 12, 1998) (Judge John H. McBryde)

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

Filed under: Punch And Jurists, Damages - Compensatory

Muhammed v. U.S., No. 4:96-CV-711-A (N.D.Tex.) (6 F.Supp.2d 582) (May 12, 1998) (Judge John H. McBryde) by This is a rare case in which the Court approved an award of $45,000 in compensatory damages against the Bureau of Prisons for failing to provide adequate care to the petitioner within the …

Blissett v. Casey, No. 97-2459, No. 1126 (2nd Cir.) (147 F.3d 218) (June 25, 1998) (Judge Pierre N. Leval)

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

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

Blissett v. Casey, No. 97-2459, No. 1126 (2nd Cir.) (147 F.3d 218) (June 25, 1998) (Judge Pierre N. Leval) by Here the Court affirmed an award of attorneys fees 42 USC § 1988, holding that the fee limitation provisions of § 1997e(d) did not apply since the work was performed …

Hadix v. Johnson, No. 96-1908 (6th Cir.) (144 F.3d 925) (May 20, 1998) (Judge Karen Nelson Moore)

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

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

Hadix v. Johnson, No. 96-1908 (6th Cir.) (144 F.3d 925) (May 20, 1998) (Judge Karen Nelson Moore) by Here the Sixth Circuit held that the PLRA's new limitations on attorney's fees do not apply to cases that were pending prior to the enactment of the PLRA, disagreeing with Alexander S. …

Atkins v. New York City, No. 97-7899 (2nd Cir.) (143 F.3d 100) (May 5, 1998) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Damages - Compensatory

Atkins v. New York City, No. 97-7899 (2nd Cir.) (143 F.3d 100) (May 5, 1998) (Judge William W. Schwarzer) by Here, after the jury found in favor of the plaintiff on charges of false arrest and the use of excessive force, it awarded him only nominal damages. The Second Circuit …

Norwood v. Bain, No. 96-2164 (4th Cir.) (143 F.3d 843) (May 13, 1998) (Judge James Dickson Jr. Phillips)

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

Filed under: Punch And Jurists, Damages - Compensatory

Norwood v. Bain, No. 96-2164 (4th Cir.) (143 F.3d 843) (May 13, 1998) (Judge James Dickson Jr. Phillips) by The Court held that "compensatory damages may be recovered in § 1983 actions for proven violations of constitutional right, but only for any actual harms caused by the violation and not …