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Nixon v. Fitzgerald, No. 79-1738 (U.S. Supreme Court) (457 U.S. 731; 102 S.Ct. 2690) (June 24, 1982) (Justice Powell)

Article • August 29, 2001

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

Nixon v. Fitzgerald, No. 79-1738 (U.S. Supreme Court) (457 U.S. 731; 102 S.Ct. 2690) (June 24, 1982) (Justice Powell) by This case, and its companion, Harlow v. Fitzgerald, 457 U.S. 800 (1982), are the Supreme Court's last major decisions on the subject of qualified immunity. In its rulings, the Court …

Harlow v. Fitzgerald, No. 80-945 (U.S. Supreme Court) (457 U.S. 800; 102 S.Ct. 2727) (June 24, 1982) (Justice Powell)

Article • August 29, 2001

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

Harlow v. Fitzgerald, No. 80-945 (U.S. Supreme Court) (457 U.S. 800; 102 S.Ct. 2727) (June 24, 1982) (Justice Powell) by This case, and its companion, Nixon v. Fitzgerald, 457 U.S. 731 (1982), are the Supreme Court's last major decisions on the subject of qualified immunity. In this case, the Court …

Milstein v. Cooley, No. 99-56682 (9th Cir.) (257 F.3d 1004) (July 20, 2001) (Judge Proctor Jr. Hug)

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

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

Milstein v. Cooley, No. 99-56682 (9th Cir.) (257 F.3d 1004) (July 20, 2001) (Judge Proctor Jr. Hug) by Here the Court that the L.A. D.A. was not entitled to absolute immunity in a civil rights suit with regard to a number of allegations of misconduct, including acquiring and using known …

Sampson v. Schenectady, No. 99-CV-1331 (N.D.N.Y.) (160 F.Supp.2d 336) (August 16, 2001) (Judge Lawrence E. Kahn)

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

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

Sampson v. Schenectady, No. 99-CV-1331 (N.D.N.Y.) (160 F.Supp.2d 336) (August 16, 2001) (Judge Lawrence E. Kahn) by In this case, Judge Kahn held that police officers who violate a person’s civil rights are not immune from damages and are not entitled to assert a defense of qualified immunity in a …

Henderson v. Norris, No. 00-2203 (8th Cir.) (258 F.3d 706) (July 9, 2001) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Henderson v. Norris, No. 00-2203 (8th Cir.) (258 F.3d 706) (July 9, 2001) (Judge Morris Sheppard Arnold) by An Arkansas state jury sentenced Grover Henderson to life imprisonment for selling .238 grams (that’s one-fifth of a gram - or .0084 ounces!!!) of cocaine base - and it was the first …

U.S. v. Adkinson, No. 00-14200 (11th Cir.) (247 F.3d 1289) (April 19, 2001) (Per Curiam)

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

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

U.S. v. Adkinson, No. 00-14200 (11th Cir.) (247 F.3d 1289) (April 19, 2001) (Per Curiam) by Here the Eleventh Circuit held that four defendants who were prosecuted in defiance of controlling precedent were entitled to attorneys fees under the Hyde Amendment since the prosecution was the type of vexatious case …

U.S. v. Campbell, No. CR 98-269 CBM (C.D.Cal.) (134 F.Supp.2d 1104) (February 15, 2001) (Judge Consuelo Bland Marshall)

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

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

U.S. v. Campbell, No. CR 98-269 CBM (C.D.Cal.) (134 F.Supp.2d 1104) (February 15, 2001) (Judge Consuelo Bland Marshall) by This case is noted for Judge Marshall's detailed discussion of the meaning of "prevailing party" under the Hyde Amendmednt and her review of the proof required to support an award of …

Glaspy v. Malicoat, No. 1:99-CV-117 (W.D.Mich.) (134 F.Supp.2d 890) (February 12, 2001) (Judge Gordon J. Quist)

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

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

Glaspy v. Malicoat, No. 1:99-CV-117 (W.D.Mich.) (134 F.Supp.2d 890) (February 12, 2001) (Judge Gordon J. Quist) by Here the Court denied the defense of qualified immunity to prison officials and awarded $5,000 in compensatory damages and $5,000 in punitive damages to a prison visitor who was denied access to a …

Saucier v. Katz, No. 99-1977 (U.S. Supreme Court) (533 U.S. 194; 121 S.Ct. 2151) (June 18, 2001) (Justice Kennedy)

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

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

Saucier v. Katz, No. 99-1977 (U.S. Supreme Court) (533 U.S. 194; 121 S.Ct. 2151) (June 18, 2001) (Justice Kennedy) by In this rather complex and wordy decision, the Supreme Court held that an officer may be immune from damages even if the court has found him liable under an entirely …

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 …

U.S. v. Sherburne, No. 99-30213 (9th Cir.) (249 F.3d 1121) (May 21, 2001) (Judge M. Margaret McKeown)

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

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

U.S. v. Sherburne, No. 99-30213 (9th Cir.) (249 F.3d 1121) (May 21, 2001) (Judge M. Margaret McKeown) by Here the Ninth Circuit reversed an award of legal fees under the Hyde Amendment, holding that the standard used by the district court which had been approved in other jurisdictions was too …

U.S. v. Julian, No. 00-5103 (10th Cir.) (242 F.3d 1245) (March 20, 2001) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Medical Treatment/Expenses

U.S. v. Julian, No. 00-5103 (10th Cir.) (242 F.3d 1245) (March 20, 2001) (Judge Michael R. Murphy) by The defendant in this case committed multiple acts of child sexual abuse and exploitation over a period of many years. As part of his sentence, the defendant was ordered to pay - …

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 …

City of Newport v. Fact Concerts, Inc., No. 80-396 (U.S. Supreme Court) (453 U.S. 247; 101 S.Ct. 2748) (March 31, 1981) (Justice Blackmun)

Article • December 4, 2000

Filed under: Punch And Jurists, Damages - Punitive

City of Newport v. Fact Concerts, Inc., No. 80-396 (U.S. Supreme Court) (453 U.S. 247; 101 S.Ct. 2748) (March 31, 1981) (Justice Blackmun) by In this case, the Court considered whether punitive damages may be awarded against municipalities under 42 US.C. § 1983. It began by noting that municipalities had …

Hadix v. Johnson, No. 96-2567 (6th Cir.) (230 F.3d 840) (October 4, 2000) (Judge Cornelia G. Kennedy)

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

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

Hadix v. Johnson, No. 96-2567 (6th Cir.) (230 F.3d 840) (October 4, 2000) (Judge Cornelia G. Kennedy) by This case and Johnson v. Daley, No. 98-C-0518-C (W.D.Wisc. 10/6/00) case present two totally different philosophical views about whether the cap on legal fees contained in § 803(d)(3) of the Prison Litigation …

Cohen v. California, No. 299 (U.S. Supreme Court) (403 U.S. 15; 91 S.Ct. 1780) (June 7, 1971) (Justice Harlan)

Article • November 7, 2000

Filed under: Punch And Jurists, Fighting Words Doctrine

Cohen v. California, No. 299 (U.S. Supreme Court) (403 U.S. 15; 91 S.Ct. 1780) (June 7, 1971) (Justice Harlan) by In this case the Court held that "absent a more particularized and compelling reason for its actions, [a] State may not, consistently with the First and Fourteenth Amendments, make the …

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 …

Rinaldi v. U.S., No. 76-6194 (U.S. Supreme Court) (434 U.S. 22; 98 S.Ct. 81) (November 7, 1977) (Per Curiam)

Article • October 14, 2000

Filed under: Punch And Jurists, Dismissal

Rinaldi v. U.S., No. 76-6194 (U.S. Supreme Court) (434 U.S. 22; 98 S.Ct. 81) (November 7, 1977) (Per Curiam) by In this case the Government filed a motion to dismiss the indictment pursuant to Fed Rule Crim Proc 48(a). Noting that the Rule requires "leave of court," the District Court …

Johnson v. Daley, No. 98-C-0518-C (W.D.Wisc.) (117 F.Supp.2d 889) (October 6, 2000) (Judge Barbara B. Crabb)

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

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

Johnson v. Daley, No. 98-C-0518-C (W.D.Wisc.) (117 F.Supp.2d 889) (October 6, 2000) (Judge Barbara B. Crabb) by This is a masterful decision by District Judge Crabb in which she concluded that the fee cap provisions of the PLRA rest on irrational assumptions - and rather than creating a disincentive to …

Nichols v. Chacon, No. 99-5180 (W.D.Ark.) (110 F.Supp.2d 1099) (August 1, 2000) (Judge H. Franklin Waters)

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

Filed under: Punch And Jurists, Fighting Words Doctrine

Nichols v. Chacon, No. 99-5180 (W.D.Ark.) (110 F.Supp.2d 1099) (August 1, 2000) (Judge H. Franklin Waters) by This rather widely-publicized case is noted for its detailed discussion of the “fighting words” doctrine - under which provocative and challenging speech and gestures - even when directed against the police - are …