Search | Punch and Jurists

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 …

U.S. v. Pineyro, No. 02-cr-10140-NG (D.Mass.) (372 F.Supp.2d 133) (May 18, 2005) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Medical Treatment/Expenses

U.S. v. Pineyro, No. 02-cr-10140-NG (D.Mass.) (372 F.Supp.2d 133) (May 18, 2005) (Judge Nancy Gertner) by This is an important decision in which Judge Gertner addressed certain aspects of the quality of medical services afforded to inmates by the Federal Bureau of Prisons (BOP). It is also the first decision …

Rooker v. Fidelity Trust Co., No. 295 (U.S. Supreme Court) (263 U.S. 413; 44 S.Ct. 149) (December 10, 2023) (Justice Van Devanter)

Article • April 1, 2005

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Rooker v. Fidelity Trust Co., No. 295 (U.S. Supreme Court) (263 U.S. 413; 44 S.Ct. 149) (December 10, 2023) (Justice Van Devanter) by The so-called Rooker-Feldman doctrine, generally stated, is that inferior federal courts have no subject matter jurisdiction over cases that effectively seek review of judgments of state courts …

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 …

Stanford v. Kentucky, No. 87-5765 (U.S. Supreme Court) (492 U.S. 361; 109 S.Ct. 2969) (June 26, 1989) (Justice Scalia)

Article • March 2, 2005

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Stanford v. Kentucky, No. 87-5765 (U.S. Supreme Court) (492 U.S. 361; 109 S.Ct. 2969) (June 26, 1989) (Justice Scalia) by In this consolidated case, a Kentucky juvenile defendant and a Missouri juvenile defendant challenged the death penalty for their murder convictions, in separate proceedings, on the grounds that such a …

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (362 F.Supp.2d 1043) (February 18, 2005) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Bifurcated Trial

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (362 F.Supp.2d 1043) (February 18, 2005) (Judge Mark W. Bennett) by This is another in a recent line of cases in which courts have held that the defendant in a capital case is entitled to more than one jury - a concept that …

U.S. v. Saccoccia, No. C.R. No. 91-115-T (D.R.I.) (342 F.Supp.2d 25) (October 25, 2004) (Judge Ernest C. Torres)

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

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

U.S. v. Saccoccia, No. C.R. No. 91-115-T (D.R.I.) (342 F.Supp.2d 25) (October 25, 2004) (Judge Ernest C. Torres) by As part of its criminal case, the government filed a civil contempt claim against defendant's attorneys after it successfully prosecuted defendant on Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy charges. …

U.S. v. Leung, No. CR 03-434 FMC (C.D.Cal.) (351 F.Supp.2d 992) (January 6, 2005) (Judge Florence-Marie Cooper)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Leung, No. CR 03-434 FMC (C.D.Cal.) (351 F.Supp.2d 992) (January 6, 2005) (Judge Florence-Marie Cooper) by The defendant is Katrina Leung -- a Chinese born woman who had been working for the FBI while living in the U.S. Leung had worked with and had an affair with her …

Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 02-2130 (3rd Cir.) (364 F.3d 102) (March 24, 2004) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 02-2130 (3rd Cir.) (364 F.3d 102) (March 24, 2004) (Judge Thomas L. Ambro) by Appellant corporation sought review of a decision of the United States District Court for the District of New Jersey, which denied the corporation's motion to dismiss the …

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 …

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 …

D. C. Court of Appeals. v. Feldman, No. 81-1335 (U.S. Supreme Court) (460 U.S. 462; 103 S.Ct. 1303) (March 23, 1983) (Justice Brennan)

Article • August 31, 2004

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

D. C. Court of Appeals. v. Feldman, No. 81-1335 (U.S. Supreme Court) (460 U.S. 462; 103 S.Ct. 1303) (March 23, 1983) (Justice Brennan) by Here, 60 years after the Supreme Court's decision in Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), the Court essentially affirmed the rule that had …

Hutto v. Finney, No. 76-1660 (U.S. Supreme Court) (437 U.S. 678; 98 S.Ct. 2565) (June 23, 1978) (Justice Stevens)

Article • August 19, 2004

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Hutto v. Finney, No. 76-1660 (U.S. Supreme Court) (437 U.S. 678; 98 S.Ct. 2565) (June 23, 1978) (Justice Stevens) by In this case a sharply divided court affirmed some broad remedial remedies imposed on the Arkansas prison system to stop and deter unconscionable living conditions in the prison system. After …

Mitchell v. Fishbein, No. 03-7454 (2nd Cir.) (377 F.3d 157) (August 3, 2004) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Mitchell v. Fishbein, No. 03-7454 (2nd Cir.) (377 F.3d 157) (August 3, 2004) (Judge Amalya Lyle Kearse) by Plaintiff attorney brought a complaint under 42 U.S.C.S. §§ 1981 and 1983 as well as state law, against defendants, who were associated with the assigned counsel plan for New York County. Defendants …

Chandler v. Crosby, No. 03-12017 (11th Cir.) (379 F.3d 1278) (August 6, 2004) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Chandler v. Crosby, No. 03-12017 (11th Cir.) (379 F.3d 1278) (August 6, 2004) (Judge Gerald B. Tjoflat) by The Court held that subjecting death row inmates to temperatures above 90 degrees during Florida’s summer months without any air-conditioning does not constitute cruel and unusual punishment. This is one of those …

Kane v. Winn, No. CIV.A.03-40116-WGY (D.Mass.) (319 F.Supp.2d 162) (May 27, 2004) (Judge William G. Young)

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

Filed under: Punch And Jurists, Medical Treatment/Expenses

Kane v. Winn, No. CIV.A.03-40116-WGY (D.Mass.) (319 F.Supp.2d 162) (May 27, 2004) (Judge William G. Young) by Here, after a noteworthy and comprehensive review of the law relating to prison conditions and prisoners' rights, Judge Young unlimately dismissed the petitioner's requests for relief based on his claims of inadequate medical …

Duncan v. Louisiana, No. 410 (U.S. Supreme Court) (391 U.S. 145; 88 S.Ct. 1444) (May 20, 2068) (Justice White)

Article • June 25, 2004

Filed under: Punch And Jurists, Jury Trial

Duncan v. Louisiana, No. 410 (U.S. Supreme Court) (391 U.S. 145; 88 S.Ct. 1444) (May 20, 2068) (Justice White) by Here the Court held that States must respect the right to jury trial because in the context of the institutions and practices by which we adopt and apply our criminal …

Arizona v. Fulminante, No. 89-839 (U.S. Supreme Court) (499 U.S. 279; 111 S.Ct. 1246) (March 26, 1991) (Justice White)

Article • June 19, 2004

Filed under: Punch And Jurists, Confessions - Coerced

Arizona v. Fulminante, No. 89-839 (U.S. Supreme Court) (499 U.S. 279; 111 S.Ct. 1246) (March 26, 1991) (Justice White) by In this case, the Supreme Court was required to decide whether a Government informant's credible threat of exposure to physical violence supported a conclusion, under the totality of the circumstances, …