Search | Punch and Jurists

U.S. v. Alkhabaz, No. 95-1797 (6th Cir.) (104 F.3d 1492) (January 29, 1997) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Alkhabaz, No. 95-1797 (6th Cir.) (104 F.3d 1492) (January 29, 1997) (Judge Boyce F. Jr. Martin) by Court affirmed dismissal of indictment on grounds that communications via e-mail expressing sexual interest in violence against women did not constitute "communications containing a threat.". Over the strong dissent of Judge …

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides) by The Court noted that the "primary purpose of [Rule 48(a)] is to prevent harassement of a defendant by charging, dismissing, and recharging withou placing a defendant in jeopardy." (Id., at 1367). It …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This is one of those massive, multi-defendant, multi-count drug cases that involves a ton of issues - every single one of which was rejected by the Eleventh Circuit. Among the more interesting …

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt)

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

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

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt) by Maxwell v. City of New York, 102 F.3d 664 (2nd Cir. 1996) (Judge Winter) Marks v. Clarke, 102 F.3d 1012 (9th Cir. 1996) (Judge Reinhardt) Reading the dissenting opinion of Judge Oakes in …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This multi-issue case noted, inter alia, for its approval of Government motion to dismiss certain charges late in trial without defendant's consent - and after it had presented evidence of those crimes …

Collins v. Jordan, No. 95-15737 (9th Cir.) (102 F.3d 406) (December 4, 1996) (Judge Stephen Reinhardt)

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

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

Collins v. Jordan, No. 95-15737 (9th Cir.) (102 F.3d 406) (December 4, 1996) (Judge Stephen Reinhardt) by Two days after the announcement of the jury verdicts in the trial of the Los Angeles police officers who beat Rodney King, a riot ensued and some four to five hundred demonstrators were …

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes)

Article • December 1, 1996 • from P&J December, 1996

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

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by Although the Court strongly criticized the AUSA who prosecuted this case for disseminating false and mileading press stories about an ongoing prosecution it held that the prosecutor was immune to suits for …

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Westfall Act

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of …

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes)

Article • December 1, 1996 • from P&J December, 1996

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

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of …

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Westfall Act

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by It has been said that "all power corrupts, and absolute power corrupts absolutely." This somewhat sick case is a good example of that truth. In 1989, the appellants sold a parcel of …

Williams v. Greifinger, No. 96-2163, No. 1966 (2nd Cir.) (97 F.3d 699) (October 15, 1996) (Judge Louis H. Pollak)

Article • November 1, 1996 • from P&J November, 1996

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

Williams v. Greifinger, No. 96-2163, No. 1966 (2nd Cir.) (97 F.3d 699) (October 15, 1996) (Judge Louis H. Pollak) by The plaintiff in this case, an inmate at Sing Sing, was placed in "medical keeplock" for 589 days, without any opportunity for out-of-cell exercise, because of his refusal to take …

Cooper v. Casey, No. 95-2324 (7th Cir.) (97 F.3d 914) (October 2, 1996) (Judge Richard A. Posner)

Article • November 1, 1996 • from P&J November, 1996

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

Cooper v. Casey, No. 95-2324 (7th Cir.) (97 F.3d 914) (October 2, 1996) (Judge Richard A. Posner) by The Court held that to give the PLRA such a retroactive effect "would attach . . . new legal consequences to completed conduct, namely the services rendered by plaintiffs' counsel in advance …

Jensen c. Clarke, No. 95-1105 (8th Cir.) (94 F.3d 1191) (September 5, 1996) (Judge Richard S. Arnold)

Article • October 1, 1996 • from P&J October, 1996

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

Jensen c. Clarke, No. 95-1105 (8th Cir.) (94 F.3d 1191) (September 5, 1996) (Judge Richard S. Arnold) by Here the Court observed that "the plaintiffs and their attorneys have proceeded from the outset under the assumption that [42 U.S.C. §] 1988 would apply to this case. . . . It …

Taft v. Vines, No. 94-2293 (4th Cir.) (83 F.3d 681) (May 14, 1996) (Per Curiam)

Article • June 1, 1996 • from P&J June, 1996

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

Taft v. Vines, No. 94-2293 (4th Cir.) (83 F.3d 681) (May 14, 1996) (Per Curiam) by Here the Court held that law enforcement officers were entitled to qualified immunity with respect to claims of the use of excessive force.

Doe v. Phillips, No. 95-7659, No. 870 (2nd Cir.) (81 F.3d 1204) (April 22, 1996) (Judge Amalya Lyle Kearse)

Article • May 1, 1996 • from P&J May, 1996

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

Doe v. Phillips, No. 95-7659, No. 870 (2nd Cir.) (81 F.3d 1204) (April 22, 1996) (Judge Amalya Lyle Kearse) by This is one of those rare cases in which the Court holds that a prosecutor is not entitled to a summary judgment, on the grounds of either absolute or qualified …

Haywood v. Koehler, No. 95-2064 (2nd Cir.) (78 F.3d 101) (March 18, 1996) (Judge Jon O. Newman)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Damages - Compensatory

Haywood v. Koehler, No. 95-2064 (2nd Cir.) (78 F.3d 101) (March 18, 1996) (Judge Jon O. Newman) by Although the Court affirmed an award of only nominal damages in this excessive-force case, it did also hold that "if it is clear from the undisputed evidence that a plaintiff's injuries were …

Kelly v. Foti, No. 94-30685 (5th Cir.) (77 F.3d 819) (March 4, 1996) (Judge Jerry E. Smith)

Article • April 1, 1996 • from P&J April, 1996

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

Kelly v. Foti, No. 94-30685 (5th Cir.) (77 F.3d 819) (March 4, 1996) (Judge Jerry E. Smith) by This is one of those cadaverous comedies brought to us by the inimitable police force of New Orleans. The plaintiff, a tourist, was stopped by a policeman for making an illegal left …

U.S. v. Wilbon, No. 94-211 (D.N.M.) (911 F.Supp. 1420) (January 4, 1995) (Judge Martha Vazquez)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Confessions - Coerced

U.S. v. Wilbon, No. 94-211 (D.N.M.) (911 F.Supp. 1420) (January 4, 1995) (Judge Martha Vazquez) by This is another sparkling decision by Judge Vazquez that took over a year to get published. Here, Judge Vazquez threw out a "confession" because of the following facts: (a) there was an unreasonable delay …

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Walls, No. 94-3033 (D.C. Cir.) (70 F.3d 1323) (December 8, 1995) (Judge A. Raymond Randolph) by Here the Court rejected Judge Oberdorfer's conclusions that the Guidelines sentencing scheme for crack cocaine was "cruel", "racist", and "arbitrary and capricious" and violated the Eighth Amendment's prohibitions against cruel and unusual …

Hayes v. Marriott, No. 93-1181 (10th Cir.) (70 F.3d 1144) (November 20, 1995) (Judge Robert H. Henry)

Article • January 1, 1996 • from P&J January, 1996

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

Hayes v. Marriott, No. 93-1181 (10th Cir.) (70 F.3d 1144) (November 20, 1995) (Judge Robert H. Henry) by Case is noted for its observation that "One of the clearest forms of degradation in Western Society is to strip a person of his clothes. The right to be free from strip …