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Article • March 1, 2001 • from P&J March, 2001
Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (240 F.3d 1185) (January 31, 2001) (Judge Harry Pregerson) by In this case, the Ninth Circuit held that the district court had erred in holding that the use of pepper spray on non-violent demonstrators at an environmental protest against …
Article • April 1, 2000 • from P&J April, 2000
Headwaters Forest v. The County of Humboldt, No. 98-17250 (9th Cir.) (211 F.3d 1121) (May 4, 2000) (Judge Harry Pregerson) by In this case, the Ninth Circuit held that the district court had erred in holding that the use of pepper spray on non-violent demonstrators at an environmental protest against …
Article • April 1, 2000 • from P&J April, 2000
Fuentes v. Wagner, No. 99-1062 (3rd Cir.) (206 F.3d 335) (March 1, 2000) (Judge Theodore A. McKee) by In this case the U.S. Court of Appeals for the Third Circuit held that when a pretrial detainee alleges that prison guards used excessive force he or she must show that the …
Article • January 1, 2000 • from P&J January, 2000
U.S. v. Bradley, No. 99-1783 (7th Cir.) (196 F.3d 762) (November 4, 1999) (Judge William J. Bauer) by In this case the Court held that the act of a police officer in shooting a hollow tipped magnum bullet at a car to stop it during a chase constituted a "seizure" …
Article • September 1, 1998 • from P&J September, 1998
DuFour-Dowell v. Cogger, No. 97-2928 (7th Cir.) (152 F.3d 678) (August 10, 1998) (Judge Terrence T. Evans) by Barbaric case in which the police attempted an after midnight arrest, utilizing excessive force on minor children.
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Westmoreland, No. CRIM.A. 3:97-00034 (S.D.W.Va.) (982 F.Supp. 376) (October 9, 1997) (Judge Joseph R. Goodwin) by This case gives a new dimension to the DEA’s interpretation of a proper “seizure” under the Fourth Amendment. To it, the permissible scope of seizures includes “heart seizures.” A doctor was charged …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Westmoreland, No. CRIM.A. 3:97-00034 (S.D.W.Va.) (982 F.Supp. 376) (October 9, 1997) (Judge Joseph R. Goodwin) by This case gives a new dimension to the DEA’s interpretation of a proper “seizure” under the Fourth Amendment. To it, the permissible scope of seizures includes “heart seizures.” A doctor was charged …
Article • January 1, 1998 • from P&J January, 1998
Colston v. Barnhart, No. 96-40634 (5th Cir.) (130 F.3d 96) (November 19, 1997) (Judge W. Eugene Davis) by Case held that trooper's use of deadly force was objectively reasonable.
Article • July 1, 1997 • from P&J July, 1997
Estate of Davis by Ostenfeld v. Delo, No. 96-1896 (8th Cir.) (115 F.3d 1388) (June 16, 1997) (Judge John R. Tunheim) by Riley v. Dorton, 115 F.3d 1159 (4th Cir. 1997) (En Banc) (Judge Wilkinson) Estate of Davis by Ostenfeld v. Delo, 115 F.3d 1388 (8th Cir. 1997) (Judge Tunheim) …
Article • July 1, 1997 • from P&J July, 1997
Riley v. Dorton, No. 94-7120 (4th Cir.) (115 F.3d 1159) (June 16, 1997) (Judge J. Harvie III Wilkinson) by Case held that Fourth Amendment did not extend protection from excessive force to pretrial detainees. Riley v. Dorton, 115 F.3d 1159 (4th Cir. 1997) (En Banc) (Judge Wilkinson) Estate of Davis …
Article • January 1, 1996 • from P&J January, 1996
Taft v. Vines, No. 94-2293 (4th Cir.) (70 F.3d 304) (November 16, 1995) (Judge Francis D. Jr. Murnaghan) by Here, over the strong objections of Judge Motz, police are granted qualified immunity in case involving brutal search of minors. This case involves a claim for damages under 42 U.S.C. § …
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