Search | Punch and Jurists

Lawrence v. Bowersox, No. 01-1813 (8th Cir.) (297 F.3d 727) (July 22, 2002) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Lawrence v. Bowersox, No. 01-1813 (8th Cir.) (297 F.3d 727) (July 22, 2002) (Judge C. Arlen Beam) by Here the Court held that dousing prisoners with pepper spray from a large cannister violated their rights to be free from cruel and unusual punishment under the Eighth Amendment and gave rise …

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, …

Berman v. U.S., No. Civ. No. 3:96-1708 (M.D.Pa.) (205 F.Supp.2d 362) (February 28, 2002) (Judge William J. Nealon)

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

Filed under: Punch And Jurists, Medical Treatment/Expenses

Berman v. U.S., No. Civ. No. 3:96-1708 (M.D.Pa.) (205 F.Supp.2d 362) (February 28, 2002) (Judge William J. Nealon) by Following a bench trial, the Court approved an award of $150,000 in damages to the plaintiff/inmate in this Federal Tort Claims Act lawsuit due to the BOP's medical malpractice in failing …

Trop v. Dulles, No. 70 (U.S. Supreme Court) (356 U.S. 86; 78 S.Ct. 590) (March 31, 2058) (Justice Warren)

Article • June 27, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Trop v. Dulles, No. 70 (U.S. Supreme Court) (356 U.S. 86; 78 S.Ct. 590) (March 31, 2058) (Justice Warren) by The petitioner in this case, Albert Trop, a native-born American, was declared to have lost his United States citizenship and become stateless by reason of his conviction by court-martial for …

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 …

Payne v. U.S., No. 00-20107 (5th Cir.) (289 F.3d 377) (May 7, 2002) (Judge George P. Kazen)

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

Filed under: Punch And Jurists, Tax Returns

Payne v. U.S., No. 00-20107 (5th Cir.) (289 F.3d 377) (May 7, 2002) (Judge George P. Kazen) by Here, the Fifth Circuit addressed a Government appeal of Judge Gilmore's award of damages resulting from the IRS' unauthorized disclosures of the plaintiff's confidential tax information (reported at 91 F.Supp.3d 1014). The …

Benny v. U.S. Parole Com'n, No. 00-16867 (9th Cir.) (295 F.3d 977) (July 2, 2002) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists, Hearings

Benny v. U.S. Parole Com'n, No. 00-16867 (9th Cir.) (295 F.3d 977) (July 2, 2002) (Judge Robert R. Beezer) by The U.S. Parole Commission's jurisdiction over a parolee is not automatically terminated under 18 U.S.C. § 4211(c)(1), if five years on parole release elapse without an early termination decision, but …

Richardson v. Miller, No. 01-1309 (1st Cir.) (279 F.3d 1) (January 29, 2002) (Judge Frank M. Coffin)

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

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

Richardson v. Miller, No. 01-1309 (1st Cir.) (279 F.3d 1) (January 29, 2002) (Judge Frank M. Coffin) by This decision is noted for its discussion of the recent elimination of the “catalyst theory” which, for a long time, has justified the payment of legal fees in a civil rights suit; …

U.S. v. Braustein, No. 00-10505 (9th Cir.) (281 F.3d 982) (February 25, 2002) (Judge Harry Pregerson)

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

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

U.S. v. Braustein, No. 00-10505 (9th Cir.) (281 F.3d 982) (February 25, 2002) (Judge Harry Pregerson) by In this case, the Court held that Hyde Amendment Appeals(18 U.S.C. § 3006A) are governed by Federal Rule of Appellate Procedure 4(a), and the defendant, as the prevailing party in criminal prosecution, was …

U.S. v. Rodgers, No. 01-CR-37 (E.D.Wisc.) (186 F.Supp.2d 971) (February 8, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Confessions - Coerced

U.S. v. Rodgers, No. 01-CR-37 (E.D.Wisc.) (186 F.Supp.2d 971) (February 8, 2002) (Judge Lynn S. Adelman) by United States v. Orso, 275 F.3d 1190 (9th Cir. 2001) (En Banc) (Per Curiam) United States v. Rodgers, 186 F.Supp.2d 971 (E.D.Wisc. Feb. 2, 2002) (Judge Adelman) Both of these cases dealt with …

Forrester v. White, No. 86-761 (U.S. Supreme Court) (484 U.S. 219; 108 S.Ct. 538) (January 12, 1988) (Justice O'Connor)

Article • December 31, 2001

Filed under: Punch And Jurists, Immunity - Judicial

Forrester v. White, No. 86-761 (U.S. Supreme Court) (484 U.S. 219; 108 S.Ct. 538) (January 12, 1988) (Justice O'Connor) by The respondent in this case, an Illinois state-court judge, had authority under state law to appoint and discharge probation officers. After hiring petitioner as a probation officer and later promoting …

Shain v. Ellison, No. 00-7061 (2nd Cir.) (273 F.3d 56) (October 19, 2001) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Shain v. Ellison, No. 00-7061 (2nd Cir.) (273 F.3d 56) (October 19, 2001) (Judge Rosemary S. Pooler) by Here a divided panel held that strip searches of detainees being held on misdemeanor charges must still be based on a "reasonable suspicion" that the person being searched has a weapon or …

Doan v. Watson, No. NA 99-4-C-B/S (S.D.Ind.) (168 F.Supp.2d 832) (October 10, 2001) (Judge Sarah Evans Barker)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Doan v. Watson, No. NA 99-4-C-B/S (S.D.Ind.) (168 F.Supp.2d 832) (October 10, 2001) (Judge Sarah Evans Barker) by Here the Court held that the prison's policy of stripping inmates and requiring them to undergo delousing procedure was an unreasonable search that subjected prison officials to liability for damages for which …

Richman v. Sheahan, No. 00-2173 (7th Cir.) (270 F.3d 430) (October 16, 2001) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Immunity - Judicial

Richman v. Sheahan, No. 00-2173 (7th Cir.) (270 F.3d 430) (October 16, 2001) (Judge Ann Claire Williams) by This is one of those barbaric, police brutality cases that makes your blood curdle. It is also a case that shows the arrogance of power and makes one wonder whether the ever-growing …

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 …

Riggs v. California, No. 98-5021 (U.S. Supreme Court) (525 U.S. 1114; 119 S.Ct. 890) (January 19, 1999) (Per Curiam)

Article • November 28, 2001

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Riggs v. California, No. 98-5021 (U.S. Supreme Court) (525 U.S. 1114; 119 S.Ct. 890) (January 19, 1999) (Per Curiam) by In this order denying certiorari, the Supreme Court decided not to hear an appeal from a repeat offender who was sentenced to 25 years to life in prison for stealing …

U.S. v. Saccoccia, No. Crim No. 91-115-T (D.R.I.) (165 F.Supp.2d 103) (July 31, 2001) (Judge Ernest C. Torres)

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

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

U.S. v. Saccoccia, No. Crim No. 91-115-T (D.R.I.) (165 F.Supp.2d 103) (July 31, 2001) (Judge Ernest C. Torres) by Defendants were indicted and convicted of laundering moneys derived from drug trafficking, including a conspiracy charge under 18 U.S.C. § 1962(d) of the Racketeer Influenced and Corrupt Organizations Act. The United …

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 …

Ford v. City of Boston, No. Civ. 98-11346-NG (D.Mass.) (154 F.Supp.2d 131) (July 31, 2001) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Ford v. City of Boston, No. Civ. 98-11346-NG (D.Mass.) (154 F.Supp.2d 131) (July 31, 2001) (Judge Nancy Gertner) by