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Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Searches - Body/Strip
Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch) by This decision explores the boundaries of municipal liability in civil rights actions based on 43 U.S.C. § 1983 - an issue that is destined to take on increasing importance due to the …
Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch) by This decision explores the boundaries of municipal liability in civil rights actions based on 43 U.S.C. § 1983 - an issue that is destined to take on increasing importance due to the …
Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Searches - Body/Strip
Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch) by QUOTE OF THE WEEK - "The methods we employ in the enforcement of our criminal laws have aptly been called the measures by which the quality of our civilization may be judged." …
Estate of Davis by Ostenfeld v. Delo, No. 96-1896 (8th Cir.) (115 F.3d 1388) (June 16, 1997) (Judge John R. Tunheim)
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Damages - Punitive
Estate of Davis by Ostenfeld v. Delo, No. 96-1896 (8th Cir.) (115 F.3d 1388) (June 16, 1997) (Judge John R. Tunheim) by Rare case which affirmed verdict against prison officials and punitive damage award for use of excessive force against inmate.
Moreno v. U.S., No. 96 Civ. 3723 (SWK) (S.D.N.Y.) (965 F.Supp. 521) (May 28, 1997) (Judge Shirley Wohl Kram)
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)
Moreno v. U.S., No. 96 Civ. 3723 (SWK) (S.D.N.Y.) (965 F.Supp. 521) (May 28, 1997) (Judge Shirley Wohl Kram) by Ah, the fickle standards of criminal justice! Not too long ago, the Second Circuit ruled, in United States v. Matthews, 106 F.3d 1092 (2nd Cir. 1997), that the defendant could …
Sherwood v. Mulvihill, No. 96-5236 (3rd Cir.) (113 F.3d 396) (May 15, 1997) (Judge Collins J. Seitz)
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Sherwood v. Mulvihill, No. 96-5236 (3rd Cir.) (113 F.3d 396) (May 15, 1997) (Judge Collins J. Seitz) by Here, despite conceding that law enforcement officers had made deliberate misrepresentations in their efforts to convict the plaintiff, they were entitled to qualified immunity due to a lack of proof that the …
Alexander S. v. Boyd, No. 96-1950 (4th Cir.) (113 F.3d 1373) (May 28, 1997) (Judge Karen J. Williams)
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Alexander S. v. Boyd, No. 96-1950 (4th Cir.) (113 F.3d 1373) (May 28, 1997) (Judge Karen J. Williams) by Here the Fourth Circuit held that the PLRA's new attorney's fee limitations, do apply to cases that were pending prior to the enactment of the PLRA; but the decision also contains …
White v. Tamlyn, No. 96-CV-40097 (E.D.Mich.) (961 F.Supp. 1047) (March 31, 1997) (Judge Paul V. Gadola)
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
White v. Tamlyn, No. 96-CV-40097 (E.D.Mich.) (961 F.Supp. 1047) (March 31, 1997) (Judge Paul V. Gadola) by Sherwood v. Mulvahill, 113 F.3d 396 (3rd Cir. 1997) (Judge Seitz) White v. Tamlyn, 961 F.Supp. 1047 (E.D.Mich 1997) (Judge Gadola) Both of these cases involved claims for damages arising out of knowing …
Diaz v. Martinez, No. 96-2108 (1st Cir.) (112 F.3d 1) (April 24, 1997) (Judge Bruce M. Selya)
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Diaz v. Martinez, No. 96-2108 (1st Cir.) (112 F.3d 1) (April 24, 1997) (Judge Bruce M. Selya) by In this horrifying case, the Court held that a police superintendent's failure to identify and take remedial action concerning an unstable, problem police officer who killed an innocent man could create supervisory …
Mitchell v. Farcass, No. 96-3026 (11th Cir.) (112 F.3d 1483) (May 6, 1997) (Judge Joseph Woodrow Hatchett)
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists, Frivolous Claims
Mitchell v. Farcass, No. 96-3026 (11th Cir.) (112 F.3d 1483) (May 6, 1997) (Judge Joseph Woodrow Hatchett) by Here, Judge Lay, in a concurring opinion, concluded that the PLRA, by means of § 1915(e)(2), now requires the sua sponte dismissal of complaints filed by IFP litigants when the litigant fails …
U.S. v. Campbell, No. 92-1234 (D.D.C.) (959 F.Supp. 20) (April 18, 1997) (Judge Louis F. Oberdorfer)
Article • June 1, 1997 • from P&J June, 1997
Filed under: Punch And Jurists, Cruel and Unusual Punishment
U.S. v. Campbell, No. 92-1234 (D.D.C.) (959 F.Supp. 20) (April 18, 1997) (Judge Louis F. Oberdorfer) by After being reversed by the Court of Appeals for concluding that a 20 year sentence would consitiute cruel and unusual punishment, Judge Oberdorfer requested that the case be assigned to a different judge.
Holland v. O'Bryant, No. 96-00997 (D.D.C.) (958 F.Supp. 10) (March 27, 1997) (Judge Stanley Sporkin)
Article • May 1, 1997 • from P&J May, 1997
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Holland v. O'Bryant, No. 96-00997 (D.D.C.) (958 F.Supp. 10) (March 27, 1997) (Judge Stanley Sporkin) by After a search causing large damage the Court held that police officers cannot break into a citizen's home, hide behind a search warrant that is concededly flawed and then attempt to deny just compensation …
U.S. v. Paton, No. 96-1775 (8th Cir.) (110 F.3d 562) (April 3, 1997) (Judge Myron H. Bright)
Article • May 1, 1997 • from P&J May, 1997
Filed under: Punch And Jurists, Dismissal
U.S. v. Paton, No. 96-1775 (8th Cir.) (110 F.3d 562) (April 3, 1997) (Judge Myron H. Bright) by In 1982, the defendant in this strange case was indicted and arrested for using the mails to transmit obscene materials in violation of 18 U.S.C. § 1461 and using minors to produce …
Wilson v. Layne, No. 96-1188 (4th Cir.) (110 F.3d 1071) (April 11, 1997) (Judge William W. Jr. Wilkins)
Article • May 1, 1997 • from P&J May, 1997
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Wilson v. Layne, No. 96-1188 (4th Cir.) (110 F.3d 1071) (April 11, 1997) (Judge William W. Jr. Wilkins) by One of the concomitant parts of making arrests in America has become the sick tradition that arrests afford law enforcement agents a unique opportunity to exhibit their uncommon valor before cameras …
Thompson v. Souza, No. 96-55662 (9th Cir.) (111 F.3d 694) (April 16, 1997) (Judge Stephen S. Trott)
Article • May 1, 1997 • from P&J May, 1997
Filed under: Punch And Jurists, Searches - Body/Strip
Thompson v. Souza, No. 96-55662 (9th Cir.) (111 F.3d 694) (April 16, 1997) (Judge Stephen S. Trott) by It was just a normal night for the convicts; and one of those memorable decisions from the courts. At 11:30 p.m., 129 California inmates were roused from their beds so the guards …
U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg)
Article • April 1, 1997 • from P&J April, 1997
Filed under: Punch And Jurists, Dismissal
U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg) by This case dealt with the almost impossible to win issue of whether the indictment that was brought was legally sufficient; and while the majority's decision concluded, in a somewhat pedestrian manner, that …
U.S. v. Bruce, No. 96-1652 (7th Cir.) (109 F.3d 323) (March 11, 1997) (Judge Harlington Jr. Wood)
Article • April 1, 1997 • from P&J April, 1997
Filed under: Punch And Jurists, Cruel and Unusual Punishment
U.S. v. Bruce, No. 96-1652 (7th Cir.) (109 F.3d 323) (March 11, 1997) (Judge Harlington Jr. Wood) by In this case, two defendants were charged with an assortment of crimes stemming from four separate armed bank robberies. The charges were severed into two trials. After they were convicted on all …
U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg)
Article • April 1, 1997 • from P&J April, 1997
Filed under: Punch And Jurists, Dismissal
U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg) by This case dealt with the almost impossible to win issue of whether the indictment that was brought was legally sufficient; and while the majority's decision concluded, in a somewhat pedestrian manner, that …
Somers v. Thurman, No. 96-55534 (9th Cir.) (109 F.3d 614) (March 25, 1997) (Judge Stephen S. Trott)
Article • April 1, 1997 • from P&J April, 1997
Filed under: Punch And Jurists, Searches - Body/Strip
Somers v. Thurman, No. 96-55534 (9th Cir.) (109 F.3d 614) (March 25, 1997) (Judge Stephen S. Trott) by This case is noted for the Court's conclusion that "it is highly questionable even today whether prison inmates have a Fourth Amendment right to be free from routine unclothed searches by officials …
Barnes v. Winchell, No. 95-4008 (6th Cir.) (105 F.3d 1111) (February 3, 1997) (Judge Karen Nelson Moore)
Article • March 1, 1997 • from P&J March, 1997
Filed under: Punch And Jurists, Immunity - Judicial
Barnes v. Winchell, No. 95-4008 (6th Cir.) (105 F.3d 1111) (February 3, 1997) (Judge Karen Nelson Moore) by Reversing the district court's ruling, the 6th Circuit held that assistance that a municipal judge provided to parties related to judge's general duty to receive charging documents and qualified as judicial acts …
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