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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 …

Boivin v. Black, No. 99-2085 (1st Cir.) (225 F.3d 36) (September 5, 2000) (Judge Bruce M. Selya)

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

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

Boivin v. Black, No. 99-2085 (1st Cir.) (225 F.3d 36) (September 5, 2000) (Judge Bruce M. Selya) by In this case the plaintiff recovered $1.00 in nominal damages from a prison guard who locked plaintiff in a restaining chair and covered his mouth with a towel until he lost consciousness. …

Doe v. County of Fairfax, No. 99-1893 (4th Cir.) (225 F.3d 440) (August 29, 2000) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Drug Treatment Records

Doe v. County of Fairfax, No. 99-1893 (4th Cir.) (225 F.3d 440) (August 29, 2000) (Judge William B. Jr. Traxler) by Here the Court held that a police detective was not entitled to a defense of qualified immunity in a civil rights action for damages based on his improper search …

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 …

U.S. v. Knott, No. CRIM. A. 98-40022-NMG (D.Mass.) (106 F.Supp.2d 174) (July 27, 2000) (Judge Nathaniel M. Gorton)

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

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

U.S. v. Knott, No. CRIM. A. 98-40022-NMG (D.Mass.) (106 F.Supp.2d 174) (July 27, 2000) (Judge Nathaniel M. Gorton) by In this case the Government prosecuted both an individual shareholder and the company which he controlled for various violations of the Clean Water Act, but it ultimately sought to dismiss the …

U.S. v. Lindberg, No. 99-10371 (9th Cir.) (220 F.3d 1120) (July 27, 2000) (Judge Michael Daly Hawkins)

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

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

U.S. v. Lindberg, No. 99-10371 (9th Cir.) (220 F.3d 1120) (July 27, 2000) (Judge Michael Daly Hawkins) by Here the Ninth Circuit held that in order to recover legal fees under the Hyde Amendment (18 USC § 3006A) the defendant must show more than a successful litigant must show under …

Hughes v. Rowe, No. 79-6000 (U.S. Supreme Court) (449 U.S. 5; 101 S.Ct. 173) (November 10, 1980) (Per Curiam)

Article • August 21, 2000

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

Hughes v. Rowe, No. 79-6000 (U.S. Supreme Court) (449 U.S. 5; 101 S.Ct. 173) (November 10, 1980) (Per Curiam) by Here the Court reversed a lower court's order requiring an inmate to pay $400 in attorneys' fees to the state for filing a frivolous civil rights action against prison officials, …

Lackey v. Texas, No. 94-8262 (U.S. Supreme Court) (514 U.S. 1045; 115 S.Ct. 1421) (March 27, 1995) (Per Curiam)

Article • August 8, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Lackey v. Texas, No. 94-8262 (U.S. Supreme Court) (514 U.S. 1045; 115 S.Ct. 1421) (March 27, 1995) (Per Curiam) by The memorandum opinion by Justice Stevens is one of the rare acknowledgements by any American judge that a lengthy delay in executing a prisoner constitutes cruel and unusual punishment. Case …

Johnson v. Lewis, No. 98-16821 (9th Cir.) (217 F.3d 726) (June 29, 2000) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Johnson v. Lewis, No. 98-16821 (9th Cir.) (217 F.3d 726) (June 29, 2000) (Judge William A. Fletcher) by In these two consolidated class action, civil rights law suits, large numbers of inmates in Arizona were forced to spend several nights outdoors, lying on the ground, handcuffed, exposed to the elements, …

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 …

Pierce v. Underwood, No. 86-1512 (U.S. Supreme Court) (487 U.S. 552; 108 S.Ct. 2541) (June 27, 1988) (Justice Scalia)

Article • July 3, 2000

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

Pierce v. Underwood, No. 86-1512 (U.S. Supreme Court) (487 U.S. 552; 108 S.Ct. 2541) (June 27, 1988) (Justice Scalia) by Here the Court established the factors to be used in fixing attorneys' fees under the Equal Access to Justice Act (28 USC § 2412(d)) and held that a district court's …

Berkovitz v. U.S., No. 87-498 (U.S. Supreme Court) (486 U.S. 531; 108 S.Ct. 1954) (June 13, 1988) (Justice Marshall)

Article • July 2, 2000

Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)

Berkovitz v. U.S., No. 87-498 (U.S. Supreme Court) (486 U.S. 531; 108 S.Ct. 1954) (June 13, 1988) (Justice Marshall) by This case is one of a trilogy of cases that set forth the analytical framework of the "discretionary function" exception set forth in the Federal Tort Claims Act (FTCA). (See, …

U.S. v. Gaubert, No. 89-1793 (U.S. Supreme Court) (499 U.S. 315; 111 S.Ct. 1267) (March 26, 1991) (Justice White)

Article • July 2, 2000

Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)

U.S. v. Gaubert, No. 89-1793 (U.S. Supreme Court) (499 U.S. 315; 111 S.Ct. 1267) (March 26, 1991) (Justice White) by In this case the Court upheld the vailidity of the so-called discretionary function exception to the FTCA which preculdes Government liability for failure to perform a discretionary function, whether or …

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 …

U.S. v. Holland, No. 99-6823 (4th Cir.) (214 F.3d 523) (June 15, 2000) (Judge Norman K. Moon)

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

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

U.S. v. Holland, No. 99-6823 (4th Cir.) (214 F.3d 523) (June 15, 2000) (Judge Norman K. Moon) by In this case the Fourth Circuit joined the Curcuit split by agreeing with the Fifth Circuit that proceedings under the Hyde Amendment (18 USC § 3006A) are civil in nature and are …

Arave v. Creech, No. 91-1160 (U.S. Supreme Court) (507 U.S. 463; 113 S.Ct. 1534) (March 30, 1993) (Justice O'Connor)

Article • June 26, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Arave v. Creech, No. 91-1160 (U.S. Supreme Court) (507 U.S. 463; 113 S.Ct. 1534) (March 30, 1993) (Justice O'Connor) by The respondent in this case beat and kicked to death a fellow inmate at the Idaho State Penitentiary. He pleaded guilty to first-degree murder and was sentenced to death. The …

U.S. v. Taylor, No. 87-573 (U.S. Supreme Court) (487 U.S. 326; 108 S.Ct. 2413) (June 24, 1988) (Justice Blackmun)

Article • June 26, 2000

Filed under: Punch And Jurists, Dismissal

U.S. v. Taylor, No. 87-573 (U.S. Supreme Court) (487 U.S. 326; 108 S.Ct. 2413) (June 24, 1988) (Justice Blackmun) by Under the provisions of 18 U.S.C. § 3162(a)(2), dismissal of an indictment is required for any violation of the Speedy Trial Act - and the only question for the courts …

Mireles v. Waco, No. 91-311 (U.S. Supreme Court) (502 U.S. 9; 112 S.Ct. 286) (October 21, 1991) (Per Curiam)

Article • June 25, 2000

Filed under: Punch And Jurists, Immunity - Judicial

Mireles v. Waco, No. 91-311 (U.S. Supreme Court) (502 U.S. 9; 112 S.Ct. 286) (October 21, 1991) (Per Curiam) by The Court concluded that whether an act is judicial depends on "the 'nature' and 'function' of the act, not the act itself." (Id., at 13). Here the Court held that …