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Article • March 1, 1999 • from P&J March, 1999
Spurlock v. Satterfield, No. 97-6076 (6th Cir.) (167 F.3d 995) (February 11, 1999) (Judge Nathaniel R. Jones) by In this case, one of the defendants from the judgment of the District Court, denying his motion to dismiss this civil rights suit for damages based on absolute or qualified immunity. Plaintiffs …
Article • October 1, 1998 • from P&J October, 1998
Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson) by Quote from Justice Burger which notes that policemen do not have the time, inclination, or training to read and grasp all the nuances of appellate decisions which define the standards of …
Article • October 1, 1998 • from P&J October, 1998
Jean v. Collins, No. 95-7694 (4th Cir.) (155 F.3d 701) (September 17, 1998) (Judge J. Harvie III Wilkinson) by This case set off a seething and often ungracious donnybrook; and it is noted not just for its important and detailed (albeit dramatically conflicting) discussions of the current state of the …
Article • September 1, 1998 • from P&J September, 1998
Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya) by This decision contains a detailed look at the legal landscape of qualified immunity and supervisory liability in civil rights cases; but its opening paragraph suggests that the reader is about to embark …
Article • September 1, 1998 • from P&J September, 1998
Camilo-Robles v. Hoyos, No. 97-2260 (1st Cir.) (151 F.3d 1) (June 29, 1998) (Judge Bruce M. Selya) by This decision contains a detailed look at the legal landscape of qualified immunity and supervisory liability in civil rights cases; but its opening paragraph suggests that the reader is about to embark …
Article • September 1, 1998 • from P&J September, 1998
Berryman v. Rieger, No. 96-2337 (6th Cir.) (150 F.3d 561) (July 6, 1998) (Judge Gilbert S. Merritt) by In this case the Court denied qualified immunity to a prison doctor and prison nurses who, by appealing, had unnecessarily protracted the litigation by three and a half years.
Article • July 1, 1998 • from P&J July, 1998
Haywood v. Nye, No. Civ. No. 2:95-CV-216C (D.Utah) (999 F.Supp. 1451) (March 24, 1998) (Judge Tena Campbell) by Court denied the defendants' motions for qualified immunity based on a palpably false sting operation in which prison officials attempted to punish an employee and his wife for filing a complaint against …
Article • July 1, 1998 • from P&J July, 1998
Scotto v. Almenas, No. 97-7673 (2nd Cir.) (143 F.3d 105) (May 5, 1998) (Judge John M. Jr. Walker) by Case held that a parole officer was not entitled to absolute immunity for falsely preparing a parole violation report and recommending that a warrant be issued for the parolee's arrest.
Article • July 1, 1998 • from P&J July, 1998
Petta v. Rivera, No. 95-40157 (5th Cir.) (143 F.3d 895) (June 9, 1998) (Per Curiam) by This is a revised opinion in the outrageous case originally discussed more fully under the decision reported at Petta v. Rivera, 133 F.3d 330.
Article • June 1, 1998 • from P&J June, 1998
Wilson v. Layne, No. 96-1185 (4th Cir.) (141 F.3d 111) (April 8, 1998) (Judge William W. Jr. Wilkins) by We originally reported on this civil rights suit for damages case in the May 19, 1997 issue of Punch and Jurists. Essentially, a SWAT team of Federal and State law enforcement …
Article • February 1, 1998 • from P&J February, 1998
Henry v. County of Shasta, No. 95-16704 (9th Cir.) (132 F.3d 512) (December 23, 1997) (Judge Stephen Reinhardt) by Here the Ninth Circuit denied police officials the defense of qualified immunity because they had, for a long time, followed a policy of abusing the rights of motorists who sought to …
Article • February 1, 1998 • from P&J February, 1998
Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé) by Over a strong dissent from Judge Dennis, the Court held that a police officer who knowingly and wantonly fired his .357 magnum at a family van containing two innocent children was …
Article • February 1, 1998 • from P&J February, 1998
Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé) by The opening words of Judge Dennis’ dissent in this disgraceful civil rights suit for damages are all that are needed to understand the import of this case - and how far …
Article • January 1, 1998 • from P&J January, 1998
Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner) by In sharp contrast to the callousness and circumvention that sometimes emanates from the prairie plains of Texas, comes this legal gem from one of the most intellectually honest judges in America - …
Article • January 1, 1998 • from P&J January, 1998
Britton v. Maloney, No. Civ. No. 93-11430-NG (D.Mass.) (981 F.Supp. 25) (September 26, 1997) (Judge Nancy Gertner) by This decision by Judge Gertner is one of her typical gems which focused on the defense of immunity in civil rights actions and presents a detailed and critical analysis of Albright v. …
Article • January 1, 1998 • from P&J January, 1998
Gabbert v. Conn, No. 95-56610 (9th Cir.) (131 F.3d 793) (December 8, 1997) (Judge Michael Daly Hawkins) by The other side of the immunity issue is the topic of absolute immunity - which is reserved only for the really big cheeses - the judges and the prosecutors - because the …
Article • November 1, 1997 • from P&J November, 1997
Harris v. Roderick, No. 96-35780 (9th Cir.) (126 F.3d 1189) (September 25, 1997) (Judge Stephen Reinhardt) by The Ruby Ridge case keeps coming back to haunt the Government and its trigger-happy law enforcement agents. In that case, a swarm of Federal Marshals and FBI officials and agents entered Randall Weaver's …
Article • November 1, 1997 • from P&J November, 1997
Grendell v. Gillway, No. CIV 96-257-B (D.Me.) (974 F.Supp. 46) (July 11, 1997) (Judge Morton A. Brody) by Case held that police not entitled to defense of qualified immunity for conduct that shocks the conscience of the Court - here the seizing and interrogation of an 11-year old girl to …
Article • September 1, 1997 • from P&J September, 1997
Tucker v. Outwater, No. 96-9251 (2nd Cir.) (118 F.3d 930) (July 7, 1997) (Judge Henry A. Politz) by Plaintiff brought civil rights action agains various officials and court held that the cloak of judicial immunity is not peirced by allegations of bad faith or malice, even though unfairness may result. …
Article • September 1, 1997 • from P&J September, 1997
Doby v. Hickerson, No. 96-2848 (8th Cir.) (120 F.3d 111) (July 14, 1997) (Judge C. Arlen Beam) by Court affirmed a damage award to a prisoner to whom antipsychotic drugs were administered and affirmed that prison doctors were not entitled to the defense of qualified immunity. Citing Washington v. Harper, …
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