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Jurek v. Texas, No. 75-5394 (U.S. Supreme Court) (428 U.S. 262; 96 S.Ct. 2950) (July 2, 1976) (Justice Stevens)

Article • June 24, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Jurek v. Texas, No. 75-5394 (U.S. Supreme Court) (428 U.S. 262; 96 S.Ct. 2950) (July 2, 1976) (Justice Stevens) by This case, decided on the same day as Gregg v. Georgia, affirmed that the death penalty, per se, does not violate the cruel and unusual punishment clause of the Constitution …

Farrar v. Hobby, No. 91-990 (U.S. Supreme Court) (506 U.S. 103; 113 S.Ct. 566) (December 14, 1992) (Justice Thomas)

Article • June 24, 2000

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

Farrar v. Hobby, No. 91-990 (U.S. Supreme Court) (506 U.S. 103; 113 S.Ct. 566) (December 14, 1992) (Justice Thomas) by Here the Court held that although a plaintiff who wins nominal damages under 42 USC § 1983 is the "prevailing party", that does not automatically establish a right to receive …

U.S. v. Jackson, No. 85 (U.S. Supreme Court) (390 U.S. 570; 88 S.Ct. 1209) (April 8, 2068) (Justice Stewart)

Article • June 21, 2000

Filed under: Punch And Jurists, Jury Trial

U.S. v. Jackson, No. 85 (U.S. Supreme Court) (390 U.S. 570; 88 S.Ct. 1209) (April 8, 2068) (Justice Stewart) by "Under the Federal Kidnaping Act . . . the defendant who abandons the right to contest his guilt before a jury is assured that he cannot be executed; the defendant …

Siegert v. Gilley, No. 90-96 (U.S. Supreme Court) (500 U.S. 226; 111 S.Ct. 1789) (May 23, 1991) (Justice Rehnquist)

Article • June 21, 2000

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

Siegert v. Gilley, No. 90-96 (U.S. Supreme Court) (500 U.S. 226; 111 S.Ct. 1789) (May 23, 1991) (Justice Rehnquist) by Here the Supreme Court clarified the "analytical structure" for addressing a claim of qualified immunity. Here the Court held that once a defendant pleads a defense of qualified immunity, the …

U.S. v. Hughes, No. Crim.A.99-10405-REK (D.Mass.) (95 F.Supp.2d 49) (May 12, 2000) (Judge Robert E. Keeton)

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

Filed under: Punch And Jurists, Drug Treatment Records

U.S. v. Hughes, No. Crim.A.99-10405-REK (D.Mass.) (95 F.Supp.2d 49) (May 12, 2000) (Judge Robert E. Keeton) by In this case the Court rejected a Government motion to compel the release of drug treatment records, pursuant to the provisions of 42 U.S.C. § 290dd-2, of a defendant charged with a gun …

Wilson v. Shelby County, Ala., No. CV99-TMP-110-S (N.D.Ala.) (95 F.Supp.2d 1258) (May 4, 2000) (Judge Magistrate)

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

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

Wilson v. Shelby County, Ala., No. CV99-TMP-110-S (N.D.Ala.) (95 F.Supp.2d 1258) (May 4, 2000) (Judge Magistrate) by The plaintiff in this case was an 18-year old high school student who was arrested at a vehicle checkpoint after consuming three beers. She was arrested and taken to the police station where …

U.S. v. Truesdale, No. 99-10096 (5th Cir.) (211 F.3d 898) (May 5, 2000) (Judge Carolyn Dineen King)

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

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

U.S. v. Truesdale, No. 99-10096 (5th Cir.) (211 F.3d 898) (May 5, 2000) (Judge Carolyn Dineen King) by Here the Court held that the burden of proof to recover legal fees under the Hyde Amendment is greater than the "substantially justified" burden under the Equal Access to Justice Act (28 …

Turner v. Wilkinson, No. C2-99-289 (S.D.Ohio) (92 F.Supp.2d 697) (December 30, 1999) (Judge Susan J. Dlott)

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

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

Turner v. Wilkinson, No. C2-99-289 (S.D.Ohio) (92 F.Supp.2d 697) (December 30, 1999) (Judge Susan J. Dlott) by In this case, an inmate and her husband had brought an earlier proceeding against prison officials seeking injunctive relief to require them to allow the husband to attend the birth of their child. …

Payne v. U.S., No. Cov. H-93-1738 (S.D.Tex.) (91 F.Supp.2d 1014) (March 19, 1999) (Judge Vanessa D. Gilmore)

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

Filed under: Punch And Jurists, Tax Returns

Payne v. U.S., No. Cov. H-93-1738 (S.D.Tex.) (91 F.Supp.2d 1014) (March 19, 1999) (Judge Vanessa D. Gilmore) by In this case, District Judge Vanessa Gilmore sternly held that the plaintiff, Jerry S. Payne, a lawyer from Houston, TX, was entitled to receive $1,536,689 in actual damages, plus $1,000 in punitive …

U.S. v. Laden, No. S^ 98 CRIM. 1023 LBS (S.D.N.Y.) (91 F.Supp.2d 600) (March 30, 2000) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Laden, No. S^ 98 CRIM. 1023 LBS (S.D.N.Y.) (91 F.Supp.2d 600) (March 30, 2000) (Judge Leonard B. Sand) by In this multi-issue opinion, Judge Sand refused to dismiss the governing indictment of the terrorists accused of Embassy bombings on numerous grounds, including lack of proper venue, multiplicious charges, …

U.S. v. Marks, No. 98-6044 (6th Cir.) (209 F.3d 577) (April 6, 2000) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Marks, No. 98-6044 (6th Cir.) (209 F.3d 577) (April 6, 2000) (Judge Richard F. Suhrheinrich) by One of the issues addressed in this case was whether two sentences that were imposed were so lengthy that the constituted cruel and unusual punishment under the Eighth Amendment. The defendants were …

Neitzke v. Williams, No. 87-1882 (U.S. Supreme Court) (490 U.S. 319; 109 S.Ct. 1827) (May 1, 1989) (Justice Marshall)

Article • April 10, 2000

Filed under: Punch And Jurists, Frivolous Claims

Neitzke v. Williams, No. 87-1882 (U.S. Supreme Court) (490 U.S. 319; 109 S.Ct. 1827) (May 1, 1989) (Justice Marshall) by In this case, a pro se inmate brought an in forma pauperis (IFP) civil rights suit against prison officials, alleging that those officials violated the Eighth Amendment by denying him …

Scott v. Clay County, Tn., No. 98-6157 (6th Cir.) (205 F.3d 867) (March 1, 2000) (Judge Robert B. Krupansky)

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

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

Scott v. Clay County, Tn., No. 98-6157 (6th Cir.) (205 F.3d 867) (March 1, 2000) (Judge Robert B. Krupansky) by If one reads only the majority decision in this case, one would get the impression that it’s just another decision by the courts upholding the primacy of the defense of …

U.S. v. Goodson, No. 99-4262 (4th Cir.) (204 F.3d 508) (February 11, 2000) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Goodson, No. 99-4262 (4th Cir.) (204 F.3d 508) (February 11, 2000) (Judge Paul V. Niemeyer) by In this case, some two weeks before trial, the Government learned that one of its key witnesses would be on a pre-paid vacation in Europe on the date of the trial; and …

McClary v. Coughlin, No. 90-CV-0501A (W.D.N.Y.) (87 F.Supp.2d 205) (March 14, 2000) (Judge Magistrate)

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

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

McClary v. Coughlin, No. 90-CV-0501A (W.D.N.Y.) (87 F.Supp.2d 205) (March 14, 2000) (Judge Magistrate) by Here the court held that prison officials were not entitled to a defense of qualified immunity for vindictively holding a prisoner in solitary confinement for four uninterrupted years, but it reduced the damages awarded from …

Lopez v. Smith, No. 97-16987 (9th Cir.) (203 F.3d 1122) (February 10, 2000) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Frivolous Claims

Lopez v. Smith, No. 97-16987 (9th Cir.) (203 F.3d 1122) (February 10, 2000) (Judge Michael Daly Hawkins) by In this case the en banc Court vacated a panel's previous decision that affirmed the district court's dismissal of a suit for damages under 42 U.S.C. § 1983 without granting the prisoner …

U.S. v. Montalvo-Murillo, No. 89-163 (U.S. Supreme Court) (495 U.S. 711; 110 S.Ct. 2072) (May 29, 1990) (Justice Kennedy)

Article • February 27, 2000

Filed under: Punch And Jurists, Hearings

U.S. v. Montalvo-Murillo, No. 89-163 (U.S. Supreme Court) (495 U.S. 711; 110 S.Ct. 2072) (May 29, 1990) (Justice Kennedy) by Here the Court held that failure to comply with the prompt hearing provisions of the Bail Reform Act (18 U.S.C. § 3142(f)) does not require the release of a person …

U.S. v. Pritt, No. Crim. No. 6:98-00176-01 (S.D.W.Va.) (77 F.Supp.2d 743) (November 18, 1999) (Judge Joseph R. Goodwin)

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

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

U.S. v. Pritt, No. Crim. No. 6:98-00176-01 (S.D.W.Va.) (77 F.Supp.2d 743) (November 18, 1999) (Judge Joseph R. Goodwin) by Here the Court held that the mere fact that the trial court grants the defendant's motion for acquittal on some of the counts, but not on all, does not prove that …

Martin v. Hadix, No. 98-262 (U.S. Supreme Court) (527 U.S. 343; 119 S.Ct. 1998) (June 21, 1999) (Justice O'Connor)

Article • January 29, 2000 • from P&J June, 1998

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

Martin v. Hadix, No. 98-262 (U.S. Supreme Court) (527 U.S. 343; 119 S.Ct. 1998) (June 21, 1999) (Justice O'Connor) by Here the Court held that in a prison case filed before the effective date of the PLRA, the fee limitation provisions of 42 U SC § 1997e(d) applied to legal …

Screws v. U.S., No. 42 (U.S. Supreme Court) (325 U.S. 91; 65 S.Ct. 1031) (May 7, 2045) (Justice Douglas)

Article • January 24, 2000

Filed under: Punch And Jurists, Color of Law

Screws v. U.S., No. 42 (U.S. Supreme Court) (325 U.S. 91; 65 S.Ct. 1031) (May 7, 2045) (Justice Douglas) by In this case, the defendants, a sheriff, a policeman and a special deputy, beat a young man to death in the course of effecting an arrest. The Court found action …