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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 …

Butz v. Economou, No. 76-709 (U.S. Supreme Court) (438 U.S. 478; 98 S.Ct. 2894) (June 29, 1978) (Justice White)

Article • May 6, 2005

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

Butz v. Economou, No. 76-709 (U.S. Supreme Court) (438 U.S. 478; 98 S.Ct. 2894) (June 29, 1978) (Justice White) by The Court held that the absolute immunity accorded to criminal prosecutors in criminal proceedings under Imbler v. Pachtman should also apply to government officials and administrative agency attorneys playing similar …

Burns v. Reed, No. 89-1715 (U.S. Supreme Court) (500 U.S. 478; 111 S.Ct. 1934) (May 30, 1991) (Justice White)

Article • May 4, 2005

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

Burns v. Reed, No. 89-1715 (U.S. Supreme Court) (500 U.S. 478; 111 S.Ct. 1934) (May 30, 1991) (Justice White) by In this case, the Court held that a state prosecuting attorney is absolutely immune from liability for damages under 42 U.S.C. § 1983 for participating in a probable-cause hearing, but …

Mangiafico v. Blumenthal, No. 3:04CV74MRK (D.Conn.) (358 F.Supp.2d 6) (March 2, 2005) (Judge Mark R. Kravitz)

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

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

Mangiafico v. Blumenthal, No. 3:04CV74MRK (D.Conn.) (358 F.Supp.2d 6) (March 2, 2005) (Judge Mark R. Kravitz) by This decision is particularly noted for Judge Kravitz' detailed analysis of the development of the concept of absolute immunity for government officials under the Supreme Court's rulings from Imbler v. Pachtman to Kalina …

Brosseau v. Haugen, No. 03-1261 (U.S. Supreme Court) (543 U.S. 194; 125 S.Ct. 696) (December 13, 2004) (Per Curiam)

Article • November 1, 2004 • from P&J November, 2004

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

Brosseau v. Haugen, No. 03-1261 (U.S. Supreme Court) (543 U.S. 194; 125 S.Ct. 696) (December 13, 2004) (Per Curiam) by n 1999, Officer Rochelle Brosseau, a member of the Puyallup, WA police department, went to a home to arrest Kenneth Haugen, who was accused of selling drugs and stealing tools …

Muhammad v. Close, No. 02-9065 (U.S. Supreme Court) (540 U.S. 749; 124 S.Ct. 1303) (February 25, 2004) (Per Curiam)

Article • October 2, 2004 • from P&J February, 2004

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

Muhammad v. Close, No. 02-9065 (U.S. Supreme Court) (540 U.S. 749; 124 S.Ct. 1303) (February 25, 2004) (Per Curiam) by Petitioner prisoner sought a writ of certiorari to the United States Court of Appeals for the Sixth Circuit, which held that his 42 U.S.C. § 1983 action against respondent prison …

DeArmon v. Burgess, No. 01-3096 (8th Cir.) (388 F.3d 609) (November 8, 2004) (Judge Theodore McMillian)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, General Searches

DeArmon v. Burgess, No. 01-3096 (8th Cir.) (388 F.3d 609) (November 8, 2004) (Judge Theodore McMillian) by In Andresen v. Maryland, 437 U.S. 463, 492 (1976), the Supreme Court explained why “general warrants” are “especially prohibited” by the Fourth Amendment: “The problem to be avoided is ‘not that of intrusion …

Collins v. Ainsworth, No. 03-60539 (5th Cir.) (382 F.3d 529) (August 20, 2004) (Judge Harold R. Jr. DeMoss)

Article • September 1, 2004 • from P&J September, 2004

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

Collins v. Ainsworth, No. 03-60539 (5th Cir.) (382 F.3d 529) (August 20, 2004) (Judge Harold R. Jr. DeMoss) by Sheriff Frank Ainsworth of Copiah County, MS just doesn’t like live rock concerts in his county: in his mind, they produce “excessive noise, profanity and trash.” So, when he heard that …

Groh v. Ramirez, No. 02-811 (U.S. Supreme Court) (540 U.S. 551; 124 S.Ct. 1284) (February 24, 2004) (Justice Stevens)

Article • March 2, 2004 • from P&J February, 2004

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

Groh v. Ramirez, No. 02-811 (U.S. Supreme Court) (540 U.S. 551; 124 S.Ct. 1284) (February 24, 2004) (Justice Stevens) by This case began when ATF agent Joseph Groh received a tip that Joseph Ramirez had a stockpile of weapons on his Montana ranch, including machine guns, grenades and rockets. Acting …

Evans v. Zebulon, No. 02-16424 (11th Cir.) (364 F.3d 1298) (March 31, 2004) (Per Curiam)

Article • March 1, 2004 • from P&J March, 2004

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

Evans v. Zebulon, No. 02-16424 (11th Cir.) (364 F.3d 1298) (March 31, 2004) (Per Curiam) by This case started when two Black students from the Georgia Southern University were stopped for speeding while driving in Georgia. They were brought to a police station in the City of Zebulon, where police …

Anderson v. Cornejo, No. 02-2234 (7th Cir.) (355 F.3d 1021) (January 21, 2004) (Judge Frank H. Easterbrook)

Article • February 1, 2004 • from P&J February, 2004

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

Anderson v. Cornejo, No. 02-2234 (7th Cir.) (355 F.3d 1021) (January 21, 2004) (Judge Frank H. Easterbrook) by Three defendants filed interlocutory appeals from a decision entered by the United States District Court for the Northern District of Illinois, Eastern Division that denied their motion for summary judgment. Plaintiffs, black …

Mena v. City of Simi Valley, No. 01-56673 (9th Cir.) (354 F.3d 1015) (January 14, 2004) (Per Curiam)

Article • February 1, 2004 • from P&J February, 2004

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

Mena v. City of Simi Valley, No. 01-56673 (9th Cir.) (354 F.3d 1015) (January 14, 2004) (Per Curiam) by In this case, the police executed a search warrant, entering a suspected gang safehouse with guns drawn, and held all occupants in handcuffs for the duration of the two- to three-hour …

Evans v. Zebulon, No. 02-16424 (11th Cir.) (351 F.3d 485) (November 18, 2003) (Judge R. Lanier III Anderson)

Article • January 1, 2004 • from P&J January, 2004

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

Evans v. Zebulon, No. 02-16424 (11th Cir.) (351 F.3d 485) (November 18, 2003) (Judge R. Lanier III Anderson) by

Manning v. Miller, No. 03-1762 (7th Cir.) (355 F.3d 1028) (January 21, 2004) (Judge William J. Bauer)

Article • January 1, 2004 • from P&J January, 2004

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

Manning v. Miller, No. 03-1762 (7th Cir.) (355 F.3d 1028) (January 21, 2004) (Judge William J. Bauer) by Here the Court held that the defendant FBI agents who were accused of “framing” the defendant are not entitled to qualified immunity in a civil rights suit for damages because, prior to …

U.S. v. Awadallah, No. 02-1269 (2nd Cir.) (349 F.3d 42) (November 7, 2003) (Judge Dennis G. Jacobs)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Material Witness Statute

U.S. v. Awadallah, No. 02-1269 (2nd Cir.) (349 F.3d 42) (November 7, 2003) (Judge Dennis G. Jacobs) by Here, reversing two lengthy decisions by Judge Scheindlin, the panel gave its wholesale endorsement to the Government's post-9/11 policy of using the Material Witness Statute to arrest and detain indefinitely grand jury …

In Re: Grand Jury Material Witness Detention, No. 3:03-49-MISC-CR (D.Or.) (271 F.Supp.2d 1266) (April 7, 2003) (Judge Robert E. Jones)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Material Witness Statute

In Re: Grand Jury Material Witness Detention, No. 3:03-49-MISC-CR (D.Or.) (271 F.Supp.2d 1266) (April 7, 2003) (Judge Robert E. Jones) by In this brief order, Judge Jones concluded that a grand jury proceeding constitutes a “criminal proceeding” within the meaning of the Material Witness Statute (18 U.S.C. § 3144). Accordingly, …

Haugen v. Brosseau, No. 01-35954 (9th Cir.) (339 F.3d 857) (August 4, 2003) (Judge William A. Fletcher)

Article • September 1, 2003 • from P&J September, 2003

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

Haugen v. Brosseau, No. 01-35954 (9th Cir.) (339 F.3d 857) (August 4, 2003) (Judge William A. Fletcher) by Plaintiff sued defendants, a police officer, a city, and a police department, pursuant to 42 U.S.C. § 1983 alleging deprivation of his Fourth Amendment rights when the police officer shot him in …

Mena v. City of Simi Valley, No. 01-56673 (9th Cir.) (332 F.3d 1255) (June 23, 2004) (Judge Harry Pregerson)

Article • July 1, 2003 • from P&J July, 2003

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

Mena v. City of Simi Valley, No. 01-56673 (9th Cir.) (332 F.3d 1255) (June 23, 2004) (Judge Harry Pregerson) by Appellant police officers sought review of a judgment from the United States District Court for the Central District of California entered on a jury verdict in favor of appellee citizen …

Alford v. Haner, No. 01-35141 (9th Cir.) (333 F.3d 972) (June 23, 2003) (Judge James R. Browning)

Article • July 1, 2003 • from P&J July, 2003

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

Alford v. Haner, No. 01-35141 (9th Cir.) (333 F.3d 972) (June 23, 2003) (Judge James R. Browning) by Plaintiff arrestee filed suit under 42 U.S.C. § 1983 alleging that his arrest, incarceration, and prosecution violated his Fourth Amendment right to be free from unreasonable seizure, and pursued state law claims …

Spurlock v. Thompson, No. 01-6356 (6th Cir.) (330 F.3d 791) (May 30, 2003) (Judge R. Guy Jr. Cole)

Article • July 1, 2003 • from P&J July, 2003

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

Spurlock v. Thompson, No. 01-6356 (6th Cir.) (330 F.3d 791) (May 30, 2003) (Judge R. Guy Jr. Cole) by This sordid case has a long and convoluted history, much of which is recounted in far greater detail in Spurlock v. Satterfield, 167 F.3d 996 (6th Cir. 1999) (Spurlock I). In …