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Article • March 27, 2017 • from P&J March, 2017
Manuel v. City of Joliet, No. 14-9496 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 911) (March 21, 2017) (Justice Kagan) by The facts before the Court in this case were relatively straightforward. The Petitioner, Elijah Manuel, was arrested and held in jail for 48 days after a judge relied …
Article • May 9, 2016 • from P&J May, 2016
U.S. v. Foster, No. 14-20323-CR (S.D.Fla.) (103 F.Supp.3d 1335) (April 16, 2015) (Judge Cecilia M Altonaga) by Following a jury trial, Tiffany Foster was convicted on two counts: (a) conspiracy to commit health care fraud and wire fraud, and (b) conspiracy to defraud the United States and receive kickbacks. She …
Article • March 18, 2013 • from P&J January, 2013
Ryan v. Gonzales, No. 10-930 (U.S. Supreme Court) (568 U.S. 57; 133 S.Ct. 696) (January 8, 2013) (Justice Thomas) by In a pair of consolidated Federal habeas cases involving death row inmates from the states of Arizona and Ohio, a unanimous Supreme Court held that mentally ill state prisoners do …
Article • October 15, 2004
Christopher v. Harbury, No. 01-394 (U.S. Supreme Court) (536 U.S. 403; 122 S.Ct. 2179) (June 20, 2002) (Justice Souter) by Here the Court spelled out in detail the elements required to state a viable cause of action of a claim for backwatd-looking denial of access to the courts, in the …
Article • May 28, 2004
Bivens v. Six Unknown Fed. Narcotics Agents, No. 301 (U.S. Supreme Court) (403 U.S. 388; 91 S.Ct. 1999) (June 21, 1971) (Justice Brennan) by This seminal case established that federal courts have the inherent authority to award damages to plaintiffs whose federal constitutional rights are violated by federal officials. Such …
Article • October 1, 2002 • from P&J October, 2002
Gonzalez-Rucci v. U.S., No. Civ. No. 99-2352(JAG) (D.Puerto Rico) (218 F.Supp.2d 161) (July 29, 2002) (Judge Jay A. Garcia-Gregory) by Here, despite serious instances of unmitigated abuse of power by an INS agent, the Court dismissed the plaintiff's tort claims and Bivens actions because she had missed, by two days, …
Article • October 1, 2001 • from P&J November, 2001
Correctional Services Corp. v. Malesko, No. 00-860 (U.S. Supreme Court) (534 U.S. 61; 122 S.Ct. 515) (November 27, 2001) (Justice Rehnquist) by Here the Court held, by a 5 to 4 vote, that Bivens actions should not be extended to cover civil rights claims against a private prison corporation operating …
Article • December 13, 1998
Federal Deposit Ins. Corp. v. Meyer, No. 92-741 (U.S. Supreme Court) (510 U.S. 471; 114 S.Ct. 996) (February 23, 1994) (Justice Thomas) by In this case the Court reasoned that it had implied a cause of action against the officials in Bivens v. Six Unknown Named Agents of the Fed. …
Article • November 1, 1998 • from P&J November, 1998
In Re City of Philadelphia Litigation, No. 96-1978 (3rd Cir.) (158 F.3d 723) (September 9, 1998) (Judge Carol Los Mansmann) by Here the Court affirmed that the proper subjective standard calls for a showing of an intention to do what is known to be wrong - and based on that …
Article • May 1, 1995
In Re City of Philadelphia Litigation, No. 94-1277 (3rd Cir.) (49 F.3d 945) (March 6, 1995) (Judge Morton I. Greenberg) by QUOTE OF THE WEEK -- The use of "deadly force" to make arrests. "It is hardly debatable in a civilized constitutional democracy that in the final analysis, the goal …
Article • May 1, 1995
In Re City of Philadelphia Litigation, No. 94-1277 (3rd Cir.) (49 F.3d 945) (March 6, 1995) (Judge Morton I. Greenberg) by This case contains three lengthy and diverse opinions discussing the liability of officials for the actions of the police in the infamous and controversial 1985 bombing of participants in …