Search | Punch and Jurists

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe)

Article • September 1, 1997 • from P&J September, 1997

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

Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe) by Here the Court held that police officers were not entotled to qualified immunity with respect to strip searches.

Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch)

Article • August 1, 1997 • from P&J August, 1997

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

Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch) by This decision explores the boundaries of municipal liability in civil rights actions based on 43 U.S.C. § 1983 - an issue that is destined to take on increasing importance due to the …

Sherwood v. Mulvihill, No. 96-5236 (3rd Cir.) (113 F.3d 396) (May 15, 1997) (Judge Collins J. Seitz)

Article • June 1, 1997 • from P&J June, 1997

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

Sherwood v. Mulvihill, No. 96-5236 (3rd Cir.) (113 F.3d 396) (May 15, 1997) (Judge Collins J. Seitz) by Here, despite conceding that law enforcement officers had made deliberate misrepresentations in their efforts to convict the plaintiff, they were entitled to qualified immunity due to a lack of proof that the …

White v. Tamlyn, No. 96-CV-40097 (E.D.Mich.) (961 F.Supp. 1047) (March 31, 1997) (Judge Paul V. Gadola)

Article • June 1, 1997 • from P&J June, 1997

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

White v. Tamlyn, No. 96-CV-40097 (E.D.Mich.) (961 F.Supp. 1047) (March 31, 1997) (Judge Paul V. Gadola) by Sherwood v. Mulvahill, 113 F.3d 396 (3rd Cir. 1997) (Judge Seitz) White v. Tamlyn, 961 F.Supp. 1047 (E.D.Mich 1997) (Judge Gadola) Both of these cases involved claims for damages arising out of knowing …

Diaz v. Martinez, No. 96-2108 (1st Cir.) (112 F.3d 1) (April 24, 1997) (Judge Bruce M. Selya)

Article • June 1, 1997 • from P&J June, 1997

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

Diaz v. Martinez, No. 96-2108 (1st Cir.) (112 F.3d 1) (April 24, 1997) (Judge Bruce M. Selya) by In this horrifying case, the Court held that a police superintendent's failure to identify and take remedial action concerning an unstable, problem police officer who killed an innocent man could create supervisory …

Holland v. O'Bryant, No. 96-00997 (D.D.C.) (958 F.Supp. 10) (March 27, 1997) (Judge Stanley Sporkin)

Article • May 1, 1997 • from P&J May, 1997

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

Holland v. O'Bryant, No. 96-00997 (D.D.C.) (958 F.Supp. 10) (March 27, 1997) (Judge Stanley Sporkin) by After a search causing large damage the Court held that police officers cannot break into a citizen's home, hide behind a search warrant that is concededly flawed and then attempt to deny just compensation …

Wilson v. Layne, No. 96-1188 (4th Cir.) (110 F.3d 1071) (April 11, 1997) (Judge William W. Jr. Wilkins)

Article • May 1, 1997 • from P&J May, 1997

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

Wilson v. Layne, No. 96-1188 (4th Cir.) (110 F.3d 1071) (April 11, 1997) (Judge William W. Jr. Wilkins) by One of the concomitant parts of making arrests in America has become the sick tradition that arrests afford law enforcement agents a unique opportunity to exhibit their uncommon valor before cameras …

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt)

Article • January 1, 1997 • from P&J January, 1997

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

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt) by Maxwell v. City of New York, 102 F.3d 664 (2nd Cir. 1996) (Judge Winter) Marks v. Clarke, 102 F.3d 1012 (9th Cir. 1996) (Judge Reinhardt) Reading the dissenting opinion of Judge Oakes in …

Collins v. Jordan, No. 95-15737 (9th Cir.) (102 F.3d 406) (December 4, 1996) (Judge Stephen Reinhardt)

Article • January 1, 1997 • from P&J January, 1997

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

Collins v. Jordan, No. 95-15737 (9th Cir.) (102 F.3d 406) (December 4, 1996) (Judge Stephen Reinhardt) by Two days after the announcement of the jury verdicts in the trial of the Los Angeles police officers who beat Rodney King, a riot ensued and some four to five hundred demonstrators were …

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes)

Article • December 1, 1996 • from P&J December, 1996

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

Aversa v. U.S., No. 95-2216 (1st Cir.) (99 F.3d 1200) (October 21, 1996) (Judge Hugh H. Bownes) by Although the Court strongly criticized the AUSA who prosecuted this case for disseminating false and mileading press stories about an ongoing prosecution it held that the prosecutor was immune to suits for …

Williams v. Greifinger, No. 96-2163, No. 1966 (2nd Cir.) (97 F.3d 699) (October 15, 1996) (Judge Louis H. Pollak)

Article • November 1, 1996 • from P&J November, 1996

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

Williams v. Greifinger, No. 96-2163, No. 1966 (2nd Cir.) (97 F.3d 699) (October 15, 1996) (Judge Louis H. Pollak) by The plaintiff in this case, an inmate at Sing Sing, was placed in "medical keeplock" for 589 days, without any opportunity for out-of-cell exercise, because of his refusal to take …

Taft v. Vines, No. 94-2293 (4th Cir.) (83 F.3d 681) (May 14, 1996) (Per Curiam)

Article • June 1, 1996 • from P&J June, 1996

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

Taft v. Vines, No. 94-2293 (4th Cir.) (83 F.3d 681) (May 14, 1996) (Per Curiam) by Here the Court held that law enforcement officers were entitled to qualified immunity with respect to claims of the use of excessive force.

Doe v. Phillips, No. 95-7659, No. 870 (2nd Cir.) (81 F.3d 1204) (April 22, 1996) (Judge Amalya Lyle Kearse)

Article • May 1, 1996 • from P&J May, 1996

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

Doe v. Phillips, No. 95-7659, No. 870 (2nd Cir.) (81 F.3d 1204) (April 22, 1996) (Judge Amalya Lyle Kearse) by This is one of those rare cases in which the Court holds that a prosecutor is not entitled to a summary judgment, on the grounds of either absolute or qualified …

Kelly v. Foti, No. 94-30685 (5th Cir.) (77 F.3d 819) (March 4, 1996) (Judge Jerry E. Smith)

Article • April 1, 1996 • from P&J April, 1996

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

Kelly v. Foti, No. 94-30685 (5th Cir.) (77 F.3d 819) (March 4, 1996) (Judge Jerry E. Smith) by This is one of those cadaverous comedies brought to us by the inimitable police force of New Orleans. The plaintiff, a tourist, was stopped by a policeman for making an illegal left …

Berryman v. Rieger, No. 93-2232 (6th Cir.) (47 F.3d 1167) (January 26, 1995) (Judge Gilbert S. Merritt)

Article • April 1, 1995

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

Berryman v. Rieger, No. 93-2232 (6th Cir.) (47 F.3d 1167) (January 26, 1995) (Judge Gilbert S. Merritt) by

Bacon v. U.S., No. 71-1826 (9th Cir.) (449 F.2d 933) (September 30, 1971) (Judge Benjamin Cushing Duniway)

Article • January 1, 1994

Filed under: Punch And Jurists, Material Witness Statute

Bacon v. U.S., No. 71-1826 (9th Cir.) (449 F.2d 933) (September 30, 1971) (Judge Benjamin Cushing Duniway) by In this case, the U. S. attorney in the state of Washington swore out a material witness complaint alleging that defendant had personal knowledge of matters material to a grand jury investigation …