Search | Punch and Jurists

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (253 F.3d 359) (June 5, 2001) (Judge Alex Kozinski)

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

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

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (253 F.3d 359) (June 5, 2001) (Judge Alex Kozinski) by On August 22, 1992, at a remote spot in northern Idaho known as Ruby Ridge, a weeklong standoff between white supremacist Randy Weaver and federal agents ended in a shootout during which an …

Anderson v. Creighton, No. 85-1520 (U.S. Supreme Court) (483 U.S. 635; 107 S.Ct. 3034) (June 25, 1987) (Justice Scalia)

Article • December 10, 2000

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

Anderson v. Creighton, No. 85-1520 (U.S. Supreme Court) (483 U.S. 635; 107 S.Ct. 3034) (June 25, 1987) (Justice Scalia) by The plaintiff in this case sued an FBI agent for damages based on the warrantless search of his house. The district court granted summary judgment to the agent on the …

Cuoco v. Moritsugu, No. 98-2954 (2nd Cir.) (222 F.3d 99) (July 28, 2000) (Judge Robert D. Sack)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Medical Expenses/Treatment

Cuoco v. Moritsugu, No. 98-2954 (2nd Cir.) (222 F.3d 99) (July 28, 2000) (Judge Robert D. Sack) by Plaintiff appealed the orders of the United States District Court for the Southern District of New York, which dismissed plaintiff's civil rights action against four defendant prison officials. Three defendant prison officials …

Cunningham v. Gates, No. 98-55108 (9th Cir.) (229 F.3d 1271) (September 15, 2000) (Judge Frank J. Magill)

Article • November 1, 2000 • from P&J November, 2000

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

Cunningham v. Gates, No. 98-55108 (9th Cir.) (229 F.3d 1271) (September 15, 2000) (Judge Frank J. Magill) by This high profile case involving allegations of excessive force used by the Los Angeles Police Department is noted for its review of the current law on the issue of qualified immunity in …

Marsh v. Butler County, Ala., No. 99-12813 (11th Cir.) (225 F.3d 1243) (September 7, 2000) (Judge Rosemary Barkett)

Article • October 1, 2000 • from P&J October, 2000

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

Marsh v. Butler County, Ala., No. 99-12813 (11th Cir.) (225 F.3d 1243) (September 7, 2000) (Judge Rosemary Barkett) by Here the 11th Circuit reversed the dismissal of a civil rights lawsuit brought by two former prisoners against a Sheriff, holding that her appalling deliberate indifference to the medical needs of …

Jean v. Collins, No. 95-7694 (4th Cir.) (221 F.3d 656) (July 31, 2000) (Per Curiam)

Article • September 1, 2000 • from P&J September, 2000

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

Jean v. Collins, No. 95-7694 (4th Cir.) (221 F.3d 656) (July 31, 2000) (Per Curiam) by The long history of this saga goes back to well before the Fourth Circuit's 1991 decision in Jean v. Rice, 945 F.2d 82 (4th Cir. 1991) where the Fourth Circuit held that Lesly Jean's …

Buckley v. Fitzsimmons, No. 91-7849 (U.S. Supreme Court) (509 U.S. 259; 113 S.Ct. 2606) (June 24, 1993) (Justice Stevens)

Article • July 27, 2000

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

Buckley v. Fitzsimmons, No. 91-7849 (U.S. Supreme Court) (509 U.S. 259; 113 S.Ct. 2606) (June 24, 1993) (Justice Stevens) by Case held that the doctrine of absolute immunity under § 1983 rests on the assumption that Congress did not intend to abolish certain well-established immunities recognized by the courts at …

Zahrey v. Coffey, No. 99-9119 (2nd Cir.) (221 F.3d 342) (July 20, 2000) (Judge Jon O. Newman)

Article • July 1, 2000 • from P&J July, 2000

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

Zahrey v. Coffey, No. 99-9119 (2nd Cir.) (221 F.3d 342) (July 20, 2000) (Judge Jon O. Newman) by This decision marks an important development in the evolution of the defense of prosecutorial immunity. Here the Second Circuit held that a prosecutor who conspires to fabricate evidence can be held liable …

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (215 F.3d 986) (June 14, 2000) (Judge William B. Shubb)

Article • July 1, 2000 • from P&J July, 2000

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

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (215 F.3d 986) (June 14, 2000) (Judge William B. Shubb) by Here a divided panel affirmed a district court's ruling that an FBI sniper who killed a woman at Ruby Ridge could not be charged in state court for involuntary manslaughter because he …

Marsh v. Butler County, Ala., No. 99-12813 (11th Cir.) (212 F.3d 1318) (May 30, 2000) (Judge Rosemary Barkett)

Article • July 1, 2000 • from P&J July, 2000

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

Marsh v. Butler County, Ala., No. 99-12813 (11th Cir.) (212 F.3d 1318) (May 30, 2000) (Judge Rosemary Barkett) by Here the 11th Circuit reversed the dismissal of a civil rights lawsuit brought by two former prisoners against a Sheriff, holding that her appalling deliberate indifference to the medical needs of …

Siegert v. Gilley, No. 90-96 (U.S. Supreme Court) (500 U.S. 226; 111 S.Ct. 1789) (May 23, 1991) (Justice Rehnquist)

Article • June 21, 2000

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

Siegert v. Gilley, No. 90-96 (U.S. Supreme Court) (500 U.S. 226; 111 S.Ct. 1789) (May 23, 1991) (Justice Rehnquist) by Here the Supreme Court clarified the "analytical structure" for addressing a claim of qualified immunity. Here the Court held that once a defendant pleads a defense of qualified immunity, the …

Scott v. Clay County, Tn., No. 98-6157 (6th Cir.) (205 F.3d 867) (March 1, 2000) (Judge Robert B. Krupansky)

Article • April 1, 2000 • from P&J April, 2000

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

Scott v. Clay County, Tn., No. 98-6157 (6th Cir.) (205 F.3d 867) (March 1, 2000) (Judge Robert B. Krupansky) by If one reads only the majority decision in this case, one would get the impression that it’s just another decision by the courts upholding the primacy of the defense of …

McClary v. Coughlin, No. 90-CV-0501A (W.D.N.Y.) (87 F.Supp.2d 205) (March 14, 2000) (Judge Magistrate)

Article • April 1, 2000 • from P&J April, 2000

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

McClary v. Coughlin, No. 90-CV-0501A (W.D.N.Y.) (87 F.Supp.2d 205) (March 14, 2000) (Judge Magistrate) by Here the court held that prison officials were not entitled to a defense of qualified immunity for vindictively holding a prisoner in solitary confinement for four uninterrupted years, but it reduced the damages awarded from …

Katz v. U.S., No. 98-16298 (9th Cir.) (194 F.3d 962) (October 22, 1999) (Judge David R. Thompson)

Article • December 1, 1999 • from P&J December, 1999

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

Katz v. U.S., No. 98-16298 (9th Cir.) (194 F.3d 962) (October 22, 1999) (Judge David R. Thompson) by Here the Court held that in an excessive force case, a material issue as to whether an officer used excessive force precludes granting a summary judgment motion based on a defense of …

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby)

Article • December 1, 1999 • from P&J December, 1999

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

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby) by In this case the Court held that police officers who intentionally violate a suspect's rights under Miranda v. Arizona in order to obtain statements for impeachment purposes …

Brent v. U.S., No. 94-0646-CIV-FERGUSON (S.D.Fla.) (66 F.Supp.2d 1287) (August 2, 1999) (Judge Wilkie D. Jr. Ferguson)

Article • December 1, 1999 • from P&J December, 1999

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

Brent v. U.S., No. 94-0646-CIV-FERGUSON (S.D.Fla.) (66 F.Supp.2d 1287) (August 2, 1999) (Judge Wilkie D. Jr. Ferguson) by The opening paragraphs of this decision depict Government officials at their worst - racially motivated and vindictive in the extreme. Judge Ferguson explained: “This civil rights case is based on allegations of …

Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown)

Article • November 1, 1999 • from P&J November, 1999

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

Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown) by In our Quote of the Week below, we note that columnist Anthony Lewis of The New York Times has predicted that, by the time America’s two million inmates have been released from prison, …

Hanlon v. Berger, No. 97-1927 (U.S. Supreme Court) (526 U.S. 808; 119 S.Ct. 1706) (May 24, 1999) (Per Curiam)

Article • May 1, 1999 • from P&J May, 1999

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

Hanlon v. Berger, No. 97-1927 (U.S. Supreme Court) (526 U.S. 808; 119 S.Ct. 1706) (May 24, 1999) (Per Curiam) by In this case, Federal law enforcement agents executed a search warrant accompanied by photographers and reporters from Cable News Network, who recorded the agents in executing the warrant. Subsequently, the …

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist)

Article • May 1, 1999 • from P&J May, 1999

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

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist) by Quote from Justice Steven's dissent in which he set forth sections of a U.S. Marshal's manual on the importance of the media in accompanying law enforcement officials when they execute …

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Media Access

Wilson v. Layne, No. 98-83 (U.S. Supreme Court) (526 U.S. 603; 119 S.Ct. 1692) (May 24, 1999) (Justice Rehnquist) by It is perhaps fitting that, on the same day the lead article in The New York Times wrote that the Fourth Circuit had become "the boldest conservative court in the …