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Article • April 1, 2004 • from P&J April, 2004
U.S. v. Stewart, No. 03 CR. 717 (MGC) (S.D.N.Y.) (305 F.Supp.2d 368) (February 27, 2004) (Judge Miriam Goldman Cedarbaum) by Plaintiff government charged defendant and co-defendant with conspiracy, obstruction of an agency proceeding, and making false statements to government officials. Defendant was also charged with criminal securities fraud in violation …
Article • March 2, 2004 • from P&J February, 2004
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 …
Article • March 1, 2004 • from P&J March, 2004
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 …
Article • February 1, 2004 • from P&J February, 2004
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 …
Article • February 1, 2004 • from P&J February, 2004
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 …
Article • February 1, 2004 • from P&J August, 2003
U.S. v. Saccoccia, No. 01-2160 (1st Cir.) (354 F.3d 9) (December 22, 2003) (Judge Conrad K. Cyr) by Here the Court vacated an order of Judge Torres, reported at 165 F.Supp.2d 103 (D.R.I. 2001) directing various defense attorneys who had received legal fees from the convicted RICO defendants to disgorge …
Article • January 28, 2004
Thompson v. Oklahoma, No. 86-6169 (U.S. Supreme Court) (487 U.S. 815; 108 S.Ct. 2687) (June 29, 1988) (Justice Stevens) by Here, the Supreme Court has indicated that the age of a young defendant is relevant, in the Eighth Amendment sense, to his culpability. A plurality of the Court concluded that …
Article • January 28, 2004
In Re Kevin Nigel Stanford, No. 01-10009 (U.S. Supreme Court) (537 U.S. 968; 123 S.Ct. 472) (October 21, 2002) (Per Curiam) by Although five of the Justices voted to deny certiorari in this case, four of the Justices said they believed the Constitution bars the execution of those who committed …
Article • January 1, 2004 • from P&J January, 2004
Evans v. Zebulon, No. 02-16424 (11th Cir.) (351 F.3d 485) (November 18, 2003) (Judge R. Lanier III Anderson) by
Article • January 1, 2004 • from P&J January, 2004
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 …
Article • January 1, 2004 • from P&J January, 2004
U.S. v. Aisenberg, No. 03-10857 (11th Cir.) (358 F.3d 1327) (February 6, 2004) (Judge Frank May Hull) by Here the Court reduced by a significant amount a record setting award of legal fees under the Hyde Amendment, finding, inter alia, that the district court had erred by not limiting the …
Article • November 1, 2003 • from P&J November, 2003
Dodge v. County of Orange, No. 02 CIV. 769 (CM)(LMS) (S.D.N.Y.) (282 F.Supp.2d 41) (September 9, 2003) (Judge Colleen McMahon) by Here the Court granted a permanent injunction barring the Orange County Correctional Facility from implementing its policy that called for the automatic strip searches of all newly-admitted detainees arrested …
Article • October 1, 2003 • from P&J October, 2003
Bedenfield v. Schultz, No. 01 C 7013 (N.D.Ill.) (272 F.Supp.2d 753) (July 18, 2003) (Judge Elaine E. Bucklo) by The plaintiff-arrestee in this case brought an action against two defendant police officers under 42 U.S.C. § 1983, alleging excessive use of force. A jury found in favor of the arrestee …
Article • October 1, 2003 • from P&J October, 2003
Bennett ex rel. Estate of Bennett v. F.B.I., No. CIV.A. 02-11802-RCL (D.Mass.) (278 F.Supp.2d 104) (August 21, 2003) (Judge Reginald C. Lindsay) by In an action brought by plaintiff, the executor of decedent's estate, for wrongful death and conscious suffering under Massachusetts law, defendant government moved to dismiss claims against …
Article • September 16, 2003
Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist) by Among the many prisoners' rights issued addressed by the Supreme Court in this case, the Court identified the framework in which searches of pretrial detainees in custody are to be …
Article • September 1, 2003 • from P&J September, 2003
Johnson v. Daley, No. 00-3981 (7th Cir.) (339 F.3d 582) (August 19, 2003) (Judge Frank H. Easterbrook) by Here a plurality of the Court reversed a district court ruling that had held that the attorney fee restrictions contained in the PLRA were unconstitutional, concluding, over a bitter dissent, that such …
Article • September 1, 2003 • from P&J September, 2003
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 …
Article • August 1, 2003 • from P&J August, 2003
U.S. v. Saccoccia, No. 01-2160 (1st Cir.) (344 F.3d 31) (September 8, 2003) (Judge Conrad K. Cyr) by Here the Court vacated an order of Judge Torres, reported at 165 F.Supp.2d 103 (D.R.I. 2001) directing various defense attorneys who had received legal fees from the convicted RICO defendants to disgorge …
Article • July 1, 2003 • from P&J July, 2003
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 …
Article • July 1, 2003 • from P&J July, 2003
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 …
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