Search | Punch and Jurists

Haywood v. Nye, No. Civ. No. 2:95-CV-216C (D.Utah) (999 F.Supp. 1451) (March 24, 1998) (Judge Tena Campbell)

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

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

Haywood v. Nye, No. Civ. No. 2:95-CV-216C (D.Utah) (999 F.Supp. 1451) (March 24, 1998) (Judge Tena Campbell) by Court denied the defendants' motions for qualified immunity based on a palpably false sting operation in which prison officials attempted to punish an employee and his wife for filing a complaint against …

Scotto v. Almenas, No. 97-7673 (2nd Cir.) (143 F.3d 105) (May 5, 1998) (Judge John M. Jr. Walker)

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

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

Scotto v. Almenas, No. 97-7673 (2nd Cir.) (143 F.3d 105) (May 5, 1998) (Judge John M. Jr. Walker) by Case held that a parole officer was not entitled to absolute immunity for falsely preparing a parole violation report and recommending that a warrant be issued for the parolee's arrest.

Petta v. Rivera, No. 95-40157 (5th Cir.) (143 F.3d 895) (June 9, 1998) (Per Curiam)

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

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

Petta v. Rivera, No. 95-40157 (5th Cir.) (143 F.3d 895) (June 9, 1998) (Per Curiam) by This is a revised opinion in the outrageous case originally discussed more fully under the decision reported at Petta v. Rivera, 133 F.3d 330.

Ramirez v. U.S., No. Civ. 97-2693(WHW) (D.N.J.) (998 F.Supp. 425) (March 16, 1998) (Judge William H. Walls)

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

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

Ramirez v. U.S., No. Civ. 97-2693(WHW) (D.N.J.) (998 F.Supp. 425) (March 16, 1998) (Judge William H. Walls) by Case is noted for its review of the law dealing with the immunity of the INS to claims if false arrest and false imprisonment, holding that under the Westfall Act the United …

Snyder v. Trepagnier, No. 96-30935 (5th Cir.) (142 F.3d 791) (May 27, 1998) (Judge Jerry E. Smith)

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

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

Snyder v. Trepagnier, No. 96-30935 (5th Cir.) (142 F.3d 791) (May 27, 1998) (Judge Jerry E. Smith) by Case held that a municipality could not be held liable in a § 1983 action for damages under a "code of silence" theory.

Peckham v. Wisconsin Dept. of Corrections, No. 96-1894 (7th Cir.) (141 F.3d 694) (April 1, 1998) (Judge Terrence T. Evans)

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

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

Peckham v. Wisconsin Dept. of Corrections, No. 96-1894 (7th Cir.) (141 F.3d 694) (April 1, 1998) (Judge Terrence T. Evans) by Here the Court held that various strip searches of inmates do not violate either the Fourth or the Eighth Amendments, absent any evidence that the searches were performed for …

U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton) by Court rejected a motion to dismiss an indictment based on allegations that the prosecutor had, knowingly, negligently and with reckless disregard for the truth, presented false evidence to the grand jury. In …

Wilson v. Layne, No. 96-1185 (4th Cir.) (141 F.3d 111) (April 8, 1998) (Judge William W. Jr. Wilkins)

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

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

Wilson v. Layne, No. 96-1185 (4th Cir.) (141 F.3d 111) (April 8, 1998) (Judge William W. Jr. Wilkins) by We originally reported on this civil rights suit for damages case in the May 19, 1997 issue of Punch and Jurists. Essentially, a SWAT team of Federal and State law enforcement …

Foote v. Speigel, No. Civ. No. 2:94-CV-754 (D.Utah) (995 F.Supp. 1347) (February 23, 1998) (Judge Tena Campbell)

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

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

Foote v. Speigel, No. Civ. No. 2:94-CV-754 (D.Utah) (995 F.Supp. 1347) (February 23, 1998) (Judge Tena Campbell) by Case held that prison officials had no reasonable suspicion to strip search detainee after pat down search revealed no contraband; and that mere suspicion that detainee was under influence of drugs or …

U.S. v. Woodlee, No. 97-7032 (10th Cir.) (136 F.3d 1399) (February 23, 1998) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Hate Crimes

U.S. v. Woodlee, No. 97-7032 (10th Cir.) (136 F.3d 1399) (February 23, 1998) (Judge John C. Porfilio) by At pages 1406-1409 Court discusses at length the purposes and scope of § 2H1.1.

Gulliford v. Pierce County, No. 96-35614 (9th Cir.) (136 F.3d 1345) (February 27, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Fighting Words Doctrine

Gulliford v. Pierce County, No. 96-35614 (9th Cir.) (136 F.3d 1345) (February 27, 1998) (Judge Betty Binns Fletcher) by Case held that First Amendment protects speech directed at police officers unless it amounts to fighting words.

Gulliford v. Pierce County, No. 96-35614 (9th Cir.) (136 F.3d 1345) (February 27, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Fighting Words Doctrine

Gulliford v. Pierce County, No. 96-35614 (9th Cir.) (136 F.3d 1345) (February 27, 1998) (Judge Betty Binns Fletcher) by This civil rights suit for damages under 42 U.S.C. § 1983 is noted because of its discussion of a citizen's First Amendment rights to resist arrest. The appellant in this case …

Hayden v. Grayson, No. 97-1623 (1st Cir.) (134 F.3d 449) (January 22, 1998) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Failure to Train

Hayden v. Grayson, No. 97-1623 (1st Cir.) (134 F.3d 449) (January 22, 1998) (Judge Conrad K. Cyr) by This case it noted for its detailed discussion of the "failure to train" rules that govern municipal liability in a civil rights action under § 1983, as set forth in Monell v. …

LaGrand v. Stewart, No. 95-99010 (9th Cir.) (133 F.3d 1253) (January 16, 1998) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

LaGrand v. Stewart, No. 95-99010 (9th Cir.) (133 F.3d 1253) (January 16, 1998) (Judge Thomas G. Nelson) by Case is noted principally for Judge Pregerson's dissent in which he argues that the petitioner's challenge to Arizona's lethal gas statute is ripe for review.

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam) by This case is another eye-opener about the purposes and goals of capital punishment in America. In this case, the petitioner had been incarcerated on death row since December 19, 1974 - a total of …

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ceja v. Stewart, No. 98-99000 (9th Cir.) (134 F.3d 1368) (January 20, 1998) (Per Curiam) by This case is another eye-opener about the purposes and goals of capital punishment in America. In this case, the petitioner had been incarcerated on death row since December 19, 1974 - a total of …

Henry v. County of Shasta, No. 95-16704 (9th Cir.) (132 F.3d 512) (December 23, 1997) (Judge Stephen Reinhardt)

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

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

Henry v. County of Shasta, No. 95-16704 (9th Cir.) (132 F.3d 512) (December 23, 1997) (Judge Stephen Reinhardt) by Here the Ninth Circuit denied police officials the defense of qualified immunity because they had, for a long time, followed a policy of abusing the rights of motorists who sought to …

Westcott v. Crinklaw, No. 96-3700 (8th Cir.) (133 F.3d 658) (January 9, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Damages - Compensatory

Westcott v. Crinklaw, No. 96-3700 (8th Cir.) (133 F.3d 658) (January 9, 1998) (Judge John R. Gibson) by Case held that a finding of excessive force does not entitle the victim to compensatory damages as a matter of law. Considering that the number of cases involving claims for damages under …

Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé)

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

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

Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé) by Over a strong dissent from Judge Dennis, the Court held that a police officer who knowingly and wantonly fired his .357 magnum at a family van containing two innocent children was …

Woods v. Gamel, No. 96-7171 (11th Cir.) (132 F.3d 1417) (January 14, 1998) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Immunity - Judicial

Woods v. Gamel, No. 96-7171 (11th Cir.) (132 F.3d 1417) (January 14, 1998) (Judge James Larry Edmondson) by A corollary of this country’s race to incarcerate as many people as possible can be seen from this little gem from Alabama - the State that recently re-instituted the use of chain …