Search | Punch and Jurists

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 The opening words of Judge Dennis’ dissent in this disgraceful civil rights suit for damages are all that are needed to understand the import of this case - and how far …

McCardle v. Haddad, No. 96-9133(L), No. 1613 (2nd Cir.) (131 F.3d 43) (November 21, 1997) (Judge Amalya Lyle Kearse)

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

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

McCardle v. Haddad, No. 96-9133(L), No. 1613 (2nd Cir.) (131 F.3d 43) (November 21, 1997) (Judge Amalya Lyle Kearse) by As the nation remains engulfed in its efforts to cut costs and reduce expenses wherever politically easy, we are beginning to see the effects of those efforts on the nation's …

Williams v. Hopkins, No. 97-4088 (8th Cir.) (130 F.3d 333) (November 28, 1997) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Williams v. Hopkins, No. 97-4088 (8th Cir.) (130 F.3d 333) (November 28, 1997) (Judge David R. Hansen) by Court stated that "Electrocution has never been found to be cruel and unusual punishment by any American court." (Id., at 337).

Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner)

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

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

Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner) by In sharp contrast to the callousness and circumvention that sometimes emanates from the prairie plains of Texas, comes this legal gem from one of the most intellectually honest judges in America - …

Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner)

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

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

Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner) by This decision by Judge Gertner is one of her typical gems which focused on the defense of immunity in civil rights actions and presents a detailed and critical analysis of Albright v. …

Gabbert v. Conn, No. 95-56610 (9th Cir.) (131 F.3d 793) (December 8, 1997) (Judge Michael Daly Hawkins)

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

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

Gabbert v. Conn, No. 95-56610 (9th Cir.) (131 F.3d 793) (December 8, 1997) (Judge Michael Daly Hawkins) by The other side of the immunity issue is the topic of absolute immunity - which is reserved only for the really big cheeses - the judges and the prosecutors - because the …

Plyler v. Moore, No. 96-7689 (4th Cir.) (129 F.3d 728) (October 16, 1997) (Judge William W. Jr. Wilkins)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Plyler v. Moore, No. 96-7689 (4th Cir.) (129 F.3d 728) (October 16, 1997) (Judge William W. Jr. Wilkins) by Case is noted for its discussion of the Rooker-Feldman doctine which holds that lower Federal courts generally do not have jurisdiction to review state court decisions. Case is moted for its …

Harris v. Roderick, No. 96-35780 (9th Cir.) (126 F.3d 1189) (September 25, 1997) (Judge Stephen Reinhardt)

Article • November 1, 1997 • from P&J November, 1997

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

Harris v. Roderick, No. 96-35780 (9th Cir.) (126 F.3d 1189) (September 25, 1997) (Judge Stephen Reinhardt) by The Ruby Ridge case keeps coming back to haunt the Government and its trigger-happy law enforcement agents. In that case, a swarm of Federal Marshals and FBI officials and agents entered Randall Weaver's …

Crocker v. U.S., No. 97-5059 (Fed. Cir.) (125 F.3d 1475) (September 22, 1997) (Per Curiam)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Tucker Act

Crocker v. U.S., No. 97-5059 (Fed. Cir.) (125 F.3d 1475) (September 22, 1997) (Per Curiam) by Here the Court held that a claim seeking "the recovery of identified property and monies [is] an action that is equitable in nature and sharply distinguishable from an action at law for damages." (Id., …

Grendell v. Gillway, No. CIV 96-257-B (D.Me.) (974 F.Supp. 46) (July 11, 1997) (Judge Morton A. Brody)

Article • November 1, 1997 • from P&J November, 1997

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

Grendell v. Gillway, No. CIV 96-257-B (D.Me.) (974 F.Supp. 46) (July 11, 1997) (Judge Morton A. Brody) by Case held that police not entitled to defense of qualified immunity for conduct that shocks the conscience of the Court - here the seizing and interrogation of an 11-year old girl to …

Phelps v. Kapnolas, No. 96-2242, No. 2053 (2nd Cir.) (123 F.3d 91) (August 19, 1997) (Judge Guido Calabresi)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Phelps v. Kapnolas, No. 96-2242, No. 2053 (2nd Cir.) (123 F.3d 91) (August 19, 1997) (Judge Guido Calabresi) by Case held that seven day bread diet stated a claim under § 1983 as cruel and unusual punishment under the Eighth Amendment.

Varrone v. Bilotti, No. 96-2368(L), No. 779 (2nd Cir.) (123 F.3d 75) (August 18, 1997) (Judge Daniel M. Friedman)

Article • October 1, 1997 • from P&J October, 1997

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

Varrone v. Bilotti, No. 96-2368(L), No. 779 (2nd Cir.) (123 F.3d 75) (August 18, 1997) (Judge Daniel M. Friedman) by Case held that prison officials who conducted strip search had reasonable grounds and were entitled to qualified immunity in suit for damages.

Phelps v. Kapnolas, No. 96-2242, No. 2053 (2nd Cir.) (123 F.3d 91) (August 19, 1997) (Judge Guido Calabresi)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Phelps v. Kapnolas, No. 96-2242, No. 2053 (2nd Cir.) (123 F.3d 91) (August 19, 1997) (Judge Guido Calabresi) by

Tucker v. Outwater, No. 96-9251 (2nd Cir.) (118 F.3d 930) (July 7, 1997) (Judge Henry A. Politz)

Article • September 1, 1997 • from P&J September, 1997

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

Tucker v. Outwater, No. 96-9251 (2nd Cir.) (118 F.3d 930) (July 7, 1997) (Judge Henry A. Politz) by Plaintiff brought civil rights action agains various officials and court held that the cloak of judicial immunity is not peirced by allegations of bad faith or malice, even though unfairness may result. …

U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Dismissal

U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood) by Here the Court agreed that the basic purpose of Rule 48(a) was "to check the common law power of prosecutors to enter a nolle prosequi before jeopardy attaches and then proceed to …

Doby v. Hickerson, No. 96-2848 (8th Cir.) (120 F.3d 111) (July 14, 1997) (Judge C. Arlen Beam)

Article • September 1, 1997 • from P&J September, 1997

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

Doby v. Hickerson, No. 96-2848 (8th Cir.) (120 F.3d 111) (July 14, 1997) (Judge C. Arlen Beam) by Court affirmed a damage award to a prisoner to whom antipsychotic drugs were administered and affirmed that prison doctors were not entitled to the defense of qualified immunity. Citing Washington v. Harper, …

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe)

Article • September 1, 1997 • from P&J September, 1997

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

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe) by Here the Court held that police officers were not entotled to qualified immunity with respect to strip searches.

U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Dismissal

U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood) by

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe)

Article • September 1, 1997 • from P&J September, 1997

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

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe) by Here the Court denied the police a defense of qualified immunity after conducting a strip search on a female who was obviously being "punished" for driving a male friend that the police …

Marts v. Hines, No. 94-30513 (5th Cir.) (117 F.3d 1504) (July 18, 1997) (Judge Henry A. Politz)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Dismissal

Marts v. Hines, No. 94-30513 (5th Cir.) (117 F.3d 1504) (July 18, 1997) (Judge Henry A. Politz) by At first glance it is surprising that this case generated sufficient interest to warrant an en banc hearing. After all it "only" involved an appeal by a prisoner from a district court's …