Search | Punch and Jurists

U.S. v. Watkins, No. 05-4551 (6th Cir.) (509 F.3d 277) (December 14, 2007) (Judge Ronald Lee Gilman)

Article • November 1, 2007 • from P&J November, 2007

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Watkins, No. 05-4551 (6th Cir.) (509 F.3d 277) (December 14, 2007) (Judge Ronald Lee Gilman) by In this case, the Sixth Circuit rejected the defendant’s contention that his sentence of 1,772 months (147 years) was constitutionally invalid under the Eighth Amendment as cruel and unusual punishment. The defendant, …

U.S. v. Khan, No. 05-6522-cv (2nd Cir.) (497 F.3d 204) (August 10, 2007) (Judge John M. Jr. Walker)

Article • October 1, 2007 • from P&J October, 2007

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

U.S. v. Khan, No. 05-6522-cv (2nd Cir.) (497 F.3d 204) (August 10, 2007) (Judge John M. Jr. Walker) by For a commentary on this decision, see "Denial of Fees in Forfeiture Suit Involving Couriers Upheld," by Mark Hamblett, as published in the New York Law Journal on August 13, 2007, …

Iqbal v. Hasty, No. 05-5768-cv(L) (2nd Cir.) (490 F.3d 143) (June 14, 2007) (Judge Jon O. Newman)

Article • June 1, 2007 • from P&J June, 2007

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

Iqbal v. Hasty, No. 05-5768-cv(L) (2nd Cir.) (490 F.3d 143) (June 14, 2007) (Judge Jon O. Newman) by Shortly after the terrorist attacks on 9/11, the FBI began rounding up and detaining literally thousands of Arab Muslims who were living in the United States, sometimes on the grounds that they …

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 43176) (June 13, 2007) (Judge Charles S. Jr. Haight)

Article • May 1, 2007 • from P&J May, 2007

Filed under: Punch And Jurists, Consent Decrees - Generally

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 43176) (June 13, 2007) (Judge Charles S. Jr. Haight) by For a summary of this ruling, see "In Shift, Judge Eases Limits on Surveillance By the Police," by Alan Feuer, The New York Times, June …

Joshua v. Adams, No. 05-55437 (9th Cir.) (2007 U.S. App. LEXIS 10757) (May 2, 2007) (Per Curiam)

Article • April 1, 2007 • from P&J April, 2007

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Joshua v. Adams, No. 05-55437 (9th Cir.) (2007 U.S. App. LEXIS 10757) (May 2, 2007) (Per Curiam) by Here the court upheld a mentally ill man's three-strikes sentence of 25 years to life Wednesday for shoplifting two bottles of liquor from a Southern California market, a sentence that a dissenting …

Mink v. Suthers, No. 04-1496 (10th Cir.) (482 F.3d 1244) (April 16, 2007) (Judge Timothy M. Tymkovich)

Article • April 1, 2007 • from P&J April, 2007

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

Mink v. Suthers, No. 04-1496 (10th Cir.) (482 F.3d 1244) (April 16, 2007) (Judge Timothy M. Tymkovich) by DOD Prosecutorial immunity is a major issue these days, as commentators wonder whether Durham District Attorney Mike Nifong will face civil liability for his role in the botched Duke lacrosse prosecutions. Although …

Sosa v. Alvarez-Machain, No. 03-485 (U.S. Supreme Court) (542 U.S. 692; 124 S.Ct. 2739) (June 29, 2004) (Justice Souter)

Article • March 30, 2007 • from P&J June, 2004

Filed under: Punch And Jurists, Alien Tort Statute

Sosa v. Alvarez-Machain, No. 03-485 (U.S. Supreme Court) (542 U.S. 692; 124 S.Ct. 2739) (June 29, 2004) (Justice Souter) by This case is an outgrowth of the long battle by Dr. Humberto Alvarez-Machain (Alvarez) to achieve justice for his kidnapping from Mexico by the DEA in 1990. The details of …

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (475 F.Supp.2d 331) (February 15, 2007) (Judge Charles S. Jr. Haight)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Consent Decrees - Generally

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (475 F.Supp.2d 331) (February 15, 2007) (Judge Charles S. Jr. Haight) by Here the Court held that a post-9/11 amendment to the Handschu Guidelines had been violated by the police when they used its authority to videotape two innocuous …

In Re Nassau County Strip Search Cases, No. 05-4206-cv(L) (2nd Cir.) (461 F.3d 210) (August 24, 2006) (Judge Chester J. Straub)

Article • December 1, 2006 • from P&J December, 2006

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

In Re Nassau County Strip Search Cases, No. 05-4206-cv(L) (2nd Cir.) (461 F.3d 210) (August 24, 2006) (Judge Chester J. Straub) by n an appeal concerning Nassau County Correctional Center's blanket strip search policy for newly admitted, misdemeanor detainees, denials of plaintiffs' repeated class certification motions for lack of common …

Furman v. Georgia, No. 69-5003 (U.S. Supreme Court) (408 U.S. 238; 92 S.Ct. 2726) (June 29, 1972) (Per Curiam)

Article • August 11, 2006

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Furman v. Georgia, No. 69-5003 (U.S. Supreme Court) (408 U.S. 238; 92 S.Ct. 2726) (June 29, 1972) (Per Curiam) by Despite 10 separate concurring and dissenting opinions, the court held that the imposition of the death penalty in these three consolidated cases would constitute cruel and unusual punishment under the …

Martinez-Aguero v. Gonzalez, No. 05-50472 (5th Cir.) (459 F.3d 618) (August 4, 2006) (Judge Jerry E. Smith)

Article • July 1, 2006 • from P&J July, 2006

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

Martinez-Aguero v. Gonzalez, No. 05-50472 (5th Cir.) (459 F.3d 618) (August 4, 2006) (Judge Jerry E. Smith) by Here the Court held that noncitizens have a constitutional right to be free from false imprisonment and the use of excessive force by law enforcement personnel. Martinez Aguero, 49, of Ciudad Juarez, …

In Re Search of the Rayburn House, Rm. No. 2113, No. 06-0231 M-01 (D.D.C.) (432 F.Supp.2d 100) (July 10, 2006) (Judge Michael R. Hogan)

Article • July 1, 2006 • from P&J July, 2006

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

In Re Search of the Rayburn House, Rm. No. 2113, No. 06-0231 M-01 (D.D.C.) (432 F.Supp.2d 100) (July 10, 2006) (Judge Michael R. Hogan) by Congressman William Jefferson filed a motion under Fed. R. Crim. P. 41 for return of property in which he argued that the execution of a …

Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 03-1696 (U.S. Supreme Court) (544 U.S. 280; 125 S.Ct. 1517) (March 30, 2005) (Justice Ginsburg)

Article • March 21, 2006

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 03-1696 (U.S. Supreme Court) (544 U.S. 280; 125 S.Ct. 1517) (March 30, 2005) (Justice Ginsburg) by In this case, the Supreme Court pared back the Rooker-Feldman doctrine to its core, holding that it "is confined to cases of the kind from …

Lance v. Dennis, No. 05-555 (U.S. Supreme Court) (546 U.S. 459; 126 S.Ct. 1198) (February 21, 2006) (Per Curiam)

Article • March 21, 2006

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Lance v. Dennis, No. 05-555 (U.S. Supreme Court) (546 U.S. 459; 126 S.Ct. 1198) (February 21, 2006) (Per Curiam) by Plaintiff Colorado citizens filed an action seeking to require defendant secretary of state to use the legislature's plan for redistricting rather than a court plan. They argued that Colo. Const. …

U.S. v. Saccoccia, No. 04-2669 (1st Cir.) (433 F.3d 19) (December 23, 2005) (Judge Sandra L. Lynch)

Article • January 1, 2006 • from P&J January, 2006

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

U.S. v. Saccoccia, No. 04-2669 (1st Cir.) (433 F.3d 19) (December 23, 2005) (Judge Sandra L. Lynch) by Appellant attorneys sought review of an order of the United States District Court for the District of Rhode Island, which required them to disgorge and pay to appellee government the post-verdict legal …

Hoblock v. Albany County Bd. of Elections, No. 04-5876(cv)(L) (2nd Cir.) (422 F.3d 77) (September 2, 2005) (Judge John M. Jr. Walker)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Hoblock v. Albany County Bd. of Elections, No. 04-5876(cv)(L) (2nd Cir.) (422 F.3d 77) (September 2, 2005) (Judge John M. Jr. Walker) by Defendant county board of elections appealed from a judgment of the United States District Court for the Northern District of New York granting plaintiff voters' motion for …

Al-Joudi v. Bush, No. Civ. No. 05-301 (GK) (D.D.C.) (406 F.Supp.2d 13) (October 26, 2005) (Judge Gladys Kessler)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Al-Joudi v. Bush, No. Civ. No. 05-301 (GK) (D.D.C.) (406 F.Supp.2d 13) (October 26, 2005) (Judge Gladys Kessler) by This is another of a large series of cases in the American courts involving the alleged “enemy combatants” who are being held at various secret or secretive military prisons throughout the …

Hudson v. McMillian, No. 90-6531 (U.S. Supreme Court) (503 U.S. 1; 112 S.Ct. 995) (February 25, 1992) (Justice O'Connor)

Article • September 3, 2005

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Hudson v. McMillian, No. 90-6531 (U.S. Supreme Court) (503 U.S. 1; 112 S.Ct. 995) (February 25, 1992) (Justice O'Connor) by Here the Court held that where an inmate's Eighth Amendment claim is based on excessive force, the "core judicial inquiry is . . . whether force was applied in a …

Evans v. Stephens, No. 02-16424 (11th Cir.) (407 F.3d 1272) (May 9, 2005) (Judge James Larry Edmondson)

Article • June 1, 2005 • from P&J June, 2005

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

Evans v. Stephens, No. 02-16424 (11th Cir.) (407 F.3d 1272) (May 9, 2005) (Judge James Larry Edmondson) by The Eleventh Circuit reheard the appeal that was presented by defendant police officer that challenged the decision entered by the United States District Court for the Northern District of Georgia. The district …

Kalina v. Fletcher, No. 96-792 (U.S. Supreme Court) (522 U.S. 118; 118 S.Ct. 502) (December 10, 1997) (Justice Stevens)

Article • May 6, 2005

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

Kalina v. Fletcher, No. 96-792 (U.S. Supreme Court) (522 U.S. 118; 118 S.Ct. 502) (December 10, 1997) (Justice Stevens) by This is an important case on the immunity of prosecutors which held that a prosecutor may be held liable for damages in a § 1983 action for making false statements …