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Cousin v. Small, No. 01-30745 (5th Cir.) (325 F.3d 627) (March 24, 2003) (Per Curiam)

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

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

Cousin v. Small, No. 01-30745 (5th Cir.) (325 F.3d 627) (March 24, 2003) (Per Curiam) by In 1995, the plaintiff in this case, Shareef Cousin, was convicted of murder and sentenced to death. After spending more than a year on death row, the Louisiana Supreme Court vacated Cousin’s conviction on …

Cervantes v. U.S., No. 01-56929 (9th Cir.) (330 F.3d 1186) (June 2, 2003) (Judge Kim McLane Wardlaw)

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

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

Cervantes v. U.S., No. 01-56929 (9th Cir.) (330 F.3d 1186) (June 2, 2003) (Judge Kim McLane Wardlaw) by Here the Court soundly rejected, as “patently without merit,” the Government’s defense of immunity in this Federal Tort Claims suit for damages, stating that its attempt to use an obscure statutory exemption …

Chavez v. Martinez, No. 01-1444 (U.S. Supreme Court) (538 U.S. 760; 123 S.Ct. 1994) (May 27, 2003) (Justice Thomas)

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

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

Chavez v. Martinez, No. 01-1444 (U.S. Supreme Court) (538 U.S. 760; 123 S.Ct. 1994) (May 27, 2003) (Justice Thomas) by In this case, a wildly fractured Supreme Court held that a police interrogation of a gravely wounded suspect in the absence of Miranda warnings does not violate the suspect’s Fifth …

Robles v. Prince George's County, Maryland, No. 01-1662 (4th Cir.) (308 F.3d 437) (October 29, 2002) (Per Curiam)

Article • November 1, 2002 • from P&J November, 2002

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

Robles v. Prince George's County, Maryland, No. 01-1662 (4th Cir.) (308 F.3d 437) (October 29, 2002) (Per Curiam) by Here, in carrying out a “prank” designed to convince the police from the neighboring Montgomery County to be more receptive to transfers of custody when a detainee was subject to outstanding …

In Re Application of the U.S. for Material Witness Warrant, No. 01 MISC. 1750(JSR) (S.D.N.Y.) (214 F.Supp.2d 356) (August 5, 2002) (Judge Jed S. Rakoff)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Material Witness Statute

In Re Application of the U.S. for Material Witness Warrant, No. 01 MISC. 1750(JSR) (S.D.N.Y.) (214 F.Supp.2d 356) (August 5, 2002) (Judge Jed S. Rakoff) by Judge Rakoff started his decision in the case by stating: "The issue here presented concerns the extent of the Court's authority to inquire into …

Milstein v. Cooley, No. CV 99-01054 DDP (AIJX) (C.D.Cal.) (208 F.Supp.2d 1116) (June 12, 2002) (Judge Dean D. Pregerson)

Article • August 1, 2002 • from P&J August, 2002

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

Milstein v. Cooley, No. CV 99-01054 DDP (AIJX) (C.D.Cal.) (208 F.Supp.2d 1116) (June 12, 2002) (Judge Dean D. Pregerson) by Here after the 9th Circuit held that the district court had erred by dismissing, on the grounds of absolute immunity, a civil rights suit against prosecutors for malicious prosecution, the …

Ramirez v. Butte-Silver Bow County, No. 99-36138 (9th Cir.) (293 F.3d 985) (March 13, 2002) (Judge Alex Kozinski)

Article • July 1, 2002 • from P&J July, 2002

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

Ramirez v. Butte-Silver Bow County, No. 99-36138 (9th Cir.) (293 F.3d 985) (March 13, 2002) (Judge Alex Kozinski) by In this case the Court addressed the “particularity” requirement of the Fourth Amendment’s warrant clause, which provides that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, …

Hope v. Pelzer, No. 01-309 (U.S. Supreme Court) (536 U.S. 730; 122 S.Ct. 2508) (June 27, 2002) (Justice Stevens)

Article • June 1, 2002 • from P&J June, 2002

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

Hope v. Pelzer, No. 01-309 (U.S. Supreme Court) (536 U.S. 730; 122 S.Ct. 2508) (June 27, 2002) (Justice Stevens) by In a decision that Justice Thomas claims will “turn[ ] qualified immunity jurisprudence on its head,” the Supreme Court held that prison guards in Alabama were not entitled to assert …

In Re: Application of the U.S. for a Material Witness Warrant (John Doe), No. 01 M 1750 (MBM) (S.D.N.Y.) (213 F.Supp.2d 287) (July 11, 2002) (Judge Michael B. Mukasey)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Material Witness Statute

In Re: Application of the U.S. for a Material Witness Warrant (John Doe), No. 01 M 1750 (MBM) (S.D.N.Y.) (213 F.Supp.2d 287) (July 11, 2002) (Judge Michael B. Mukasey) by Two months prior to this decision, Judge Shira Scheindlin of the S.D.N.Y. issued two related decisions in which she attacked …

U.S. v. Awadallah (No. 1), No. 01 Cr. 1026 (SAS) (S.D.N.Y.) (202 F.Supp.2d 55) (April 30, 2002) (Judge Shira A. Scheindlin)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Material Witness Statute

U.S. v. Awadallah (No. 1), No. 01 Cr. 1026 (SAS) (S.D.N.Y.) (202 F.Supp.2d 55) (April 30, 2002) (Judge Shira A. Scheindlin) by U.S. v. Awadallah, 202 F.Supp.2d 55 (S.D.N.Y. 2002) (Judge Scheindlin) (Case 1) U.S. v. Awadallah, 202 F.Supp.2d 82 (S.D.N.Y. 2002) (Judge Scheindlin) (Case 2) We are getting an …

U.S. v. Awadallah (No. 1), No. 01 Cr. 1026 (SAS) (S.D.N.Y.) (202 F.Supp.2d 55) (April 30, 2002) (Judge Shira A. Scheindlin)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Material Witness Statute

U.S. v. Awadallah (No. 1), No. 01 Cr. 1026 (SAS) (S.D.N.Y.) (202 F.Supp.2d 55) (April 30, 2002) (Judge Shira A. Scheindlin) by “The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all …

U.S. v. Awadallah (No. 2), No. 01 Cr. 1026 (SAS) (S.D.N.Y.) (202 F.Supp.2d 82) (April 30, 2002) (Judge Shira A. Scheindlin)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Material Witness Statute

U.S. v. Awadallah (No. 2), No. 01 Cr. 1026 (SAS) (S.D.N.Y.) (202 F.Supp.2d 82) (April 30, 2002) (Judge Shira A. Scheindlin) by This is the second of two separate decisions by Judge Scheindlin in which she attacked the Government's use of the material witness statute, in this case suppressing evidence …

Martinez v. City of Oxnard, No. 00-546520 (9th Cir.) (270 F.3d 852) (October 30, 2001) (Judge Richard C. Tallman)

Article • December 1, 2001 • from P&J December, 2001

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

Martinez v. City of Oxnard, No. 00-546520 (9th Cir.) (270 F.3d 852) (October 30, 2001) (Judge Richard C. Tallman) by The issue before the Court in this case was whether a police officer who conducts a coercive, custodial interrogation of a suspect who is being treated for life-threatening, police-inflicted gunshot …

Mitchell v. Forsyth, No. 84-335 (U.S. Supreme Court) (472 U.S. 511; 105 S.Ct. 2806) (June 19, 1985) (Justice White)

Article • September 18, 2001

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

Mitchell v. Forsyth, No. 84-335 (U.S. Supreme Court) (472 U.S. 511; 105 S.Ct. 2806) (June 19, 1985) (Justice White) by Here the Court held that the Attorney General is not absolutely immune from liability for authorizing a warrantless wiretap, because even though arguably related to a potential prosecution, it was …

Nixon v. Fitzgerald, No. 79-1738 (U.S. Supreme Court) (457 U.S. 731; 102 S.Ct. 2690) (June 24, 1982) (Justice Powell)

Article • August 29, 2001

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

Nixon v. Fitzgerald, No. 79-1738 (U.S. Supreme Court) (457 U.S. 731; 102 S.Ct. 2690) (June 24, 1982) (Justice Powell) by This case, and its companion, Harlow v. Fitzgerald, 457 U.S. 800 (1982), are the Supreme Court's last major decisions on the subject of qualified immunity. In its rulings, the Court …

Harlow v. Fitzgerald, No. 80-945 (U.S. Supreme Court) (457 U.S. 800; 102 S.Ct. 2727) (June 24, 1982) (Justice Powell)

Article • August 29, 2001

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

Harlow v. Fitzgerald, No. 80-945 (U.S. Supreme Court) (457 U.S. 800; 102 S.Ct. 2727) (June 24, 1982) (Justice Powell) by This case, and its companion, Nixon v. Fitzgerald, 457 U.S. 731 (1982), are the Supreme Court's last major decisions on the subject of qualified immunity. In this case, the Court …

Milstein v. Cooley, No. 99-56682 (9th Cir.) (257 F.3d 1004) (July 20, 2001) (Judge Proctor Jr. Hug)

Article • August 1, 2001 • from P&J August, 2001

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

Milstein v. Cooley, No. 99-56682 (9th Cir.) (257 F.3d 1004) (July 20, 2001) (Judge Proctor Jr. Hug) by Here the Court that the L.A. D.A. was not entitled to absolute immunity in a civil rights suit with regard to a number of allegations of misconduct, including acquiring and using known …

Sampson v. Schenectady, No. 99-CV-1331 (N.D.N.Y.) (160 F.Supp.2d 336) (August 16, 2001) (Judge Lawrence E. Kahn)

Article • July 1, 2001 • from P&J July, 2001

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

Sampson v. Schenectady, No. 99-CV-1331 (N.D.N.Y.) (160 F.Supp.2d 336) (August 16, 2001) (Judge Lawrence E. Kahn) by In this case, Judge Kahn held that police officers who violate a person’s civil rights are not immune from damages and are not entitled to assert a defense of qualified immunity in a …

Glaspy v. Malicoat, No. 1:99-CV-117 (W.D.Mich.) (134 F.Supp.2d 890) (February 12, 2001) (Judge Gordon J. Quist)

Article • May 1, 2001 • from P&J May, 2001

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

Glaspy v. Malicoat, No. 1:99-CV-117 (W.D.Mich.) (134 F.Supp.2d 890) (February 12, 2001) (Judge Gordon J. Quist) by Here the Court denied the defense of qualified immunity to prison officials and awarded $5,000 in compensatory damages and $5,000 in punitive damages to a prison visitor who was denied access to a …

Saucier v. Katz, No. 99-1977 (U.S. Supreme Court) (533 U.S. 194; 121 S.Ct. 2151) (June 18, 2001) (Justice Kennedy)

Article • May 1, 2001 • from P&J May, 2001

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

Saucier v. Katz, No. 99-1977 (U.S. Supreme Court) (533 U.S. 194; 121 S.Ct. 2151) (June 18, 2001) (Justice Kennedy) by In this rather complex and wordy decision, the Supreme Court held that an officer may be immune from damages even if the court has found him liable under an entirely …