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Millbrook v. U.S., No. 11-10362 (U.S. Supreme Court) (569 U.S. 50; 133 S.Ct. 1441) (March 27, 2013) (Justice Thomas)

Article • April 1, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Law Enforcement Proviso

Millbrook v. U.S., No. 11-10362 (U.S. Supreme Court) (569 U.S. 50; 133 S.Ct. 1441) (March 27, 2013) (Justice Thomas) by Under the common law principle of sovereign immunity, the Federal Government is immune from civil suit unless it has waived its immunity or consented to such a suit. The United …

Analytical Surveys, Inc. v. Tonga Partners, L.P., No. 09-2622-cv (2nd Cir.) (684 F.3d 36) (June 4, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Exemptions

Analytical Surveys, Inc. v. Tonga Partners, L.P., No. 09-2622-cv (2nd Cir.) (684 F.3d 36) (June 4, 2012) (Judge Debra Ann Livingston) by In an appeal of a judgment of liability for profits earned in short-swing insider trading prohibited by section 16(b) of the Securities Exchange Act, 15 U.S.C. § 78p(b), …

ACLU v. Department of Justice, No. 10-4290-cv (L) (2nd Cir.) (681 F.3d 61) (May 21, 2012) (Judge Richard C. Wesley)

Article • December 1, 2012

Filed under: Punch And Jurists, Intelligence Activities/Sources

ACLU v. Department of Justice, No. 10-4290-cv (L) (2nd Cir.) (681 F.3d 61) (May 21, 2012) (Judge Richard C. Wesley) by A district court judgment with respect to government decisions to withhold certain information from FOIA request responses is: 1) reversed in part, as to information in two DOJ Office …

A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (723 F.Supp.2d 621) (July 15, 2010) (Judge Alvin K. Hellerstein)

Article • August 9, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Intelligence Activities/Sources

A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (723 F.Supp.2d 621) (July 15, 2010) (Judge Alvin K. Hellerstein) by In this long running Freedom of Information Act case, Judge Hellerstein held that determinations by the Director of the CIA that materials are exempt from disclosure under FOIA …

Wilner v. National Security Agency, No. 08-4726-cv (2nd Cir.) (592 F.3d 60) (December 30, 2009) (Judge Jose A. Cabranes)

Article • April 5, 2010 • from P&J April, 2010

Filed under: Punch And Jurists, Glomar Response

Wilner v. National Security Agency, No. 08-4726-cv (2nd Cir.) (592 F.3d 60) (December 30, 2009) (Judge Jose A. Cabranes) by In a Freedom of Information Act (FOIA) action filed by attorneys for Guantanamo Bay detainees seeking information regarding whether the government intercepted plaintiffs' communications relating to the representation of their …

American Civil Liberties Union v. Dept. of Defense, No. 06-3140-cv (2nd Cir.) (543 F.3d 59) (September 22, 2008) (Judge John Gleeson)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Torture

American Civil Liberties Union v. Dept. of Defense, No. 06-3140-cv (2nd Cir.) (543 F.3d 59) (September 22, 2008) (Judge John Gleeson) by Subsequent Events: According to PACER, on March 12, 2009, the Second Circuit denied a rehearing en banc in this case. However, Congress subsequently passed legislation (Section 565 of …

Ali v. Federal Bureau of Prisons, No. 06-9130 (U.S. Supreme Court) (552 U.S. 214; 128 S.Ct. 831) (January 22, 2008) (Justice Thomas)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Exemptions

Ali v. Federal Bureau of Prisons, No. 06-9130 (U.S. Supreme Court) (552 U.S. 214; 128 S.Ct. 831) (January 22, 2008) (Justice Thomas) by Resolving a Circuit split, the Court held, by a 5-to-4 vote, that held that employees of the BOP are immune from lawsuits under the FTCA for mishandling …

Logan v. U.S., No. 06-6911 (U.S. Supreme Court) (552 U.S. 23; 128 S.Ct. 475) (December 4, 2007) (Justice Ginsburg)

Article • November 1, 2007 • from P&J November, 2007

Filed under: Punch And Jurists, Civil Rights Restored

Logan v. U.S., No. 06-6911 (U.S. Supreme Court) (552 U.S. 23; 128 S.Ct. 475) (December 4, 2007) (Justice Ginsburg) by

In Re: Iraq and Afghanistan Detainees Litigation, No. 06-0145 (D.D.C.) (479 F.Supp.2d 85) (March 27, 2007) (Judge Thomas F. Hogan)

Article • March 1, 2007 • from P&J March, 2007

Filed under: Punch And Jurists, Torture

In Re: Iraq and Afghanistan Detainees Litigation, No. 06-0145 (D.D.C.) (479 F.Supp.2d 85) (March 27, 2007) (Judge Thomas F. Hogan) by In this 58-page decision, Judge Thomas Hogan of the D.D.C. threw out a lawsuit against former Secretary of Defense Donald H. Rumsfeld and three officers in the United States …

Rasul v. Rumsfeld, No. Civ. No. 04-1864 (RMU) (D.D.C.) (414 F.Supp.2d 26) (February 6, 2006) (Judge Ricardo M. Urbina)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Torture

Rasul v. Rumsfeld, No. Civ. No. 04-1864 (RMU) (D.D.C.) (414 F.Supp.2d 26) (February 6, 2006) (Judge Ricardo M. Urbina) by Plaintiffs, former detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, sued defendants, executive and military members of the U.S. government, alleging that they were subjected to various forms …

U.S. v. Logan, No. 05-4722 (7th Cir.) (453 F.3d 804) (July 6, 2006) (Judge Frank H. Easterbrook)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Civil Rights Restored

U.S. v. Logan, No. 05-4722 (7th Cir.) (453 F.3d 804) (July 6, 2006) (Judge Frank H. Easterbrook) by Thjs case involved the interpretation of the phrase “civil rights restored” in the federal Armed Career Criminal Act (18 U.S.C. § 924(e)(1)). Those who have been convicted previously of felonies and are …

A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (389 F.Supp.2d 547) (September 29, 2005) (Judge Alvin K. Hellerstein)

Article • September 1, 2005 • from P&J September, 2005

Filed under: Punch And Jurists, Exemptions

A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (389 F.Supp.2d 547) (September 29, 2005) (Judge Alvin K. Hellerstein) by On October 7, 2003, the American Civil Liberties Union (ACLU) filed a Freedom of Information Act (FOIA) lawsuit against the Government, seeking information regarding the mistreatment of detainees …

U.S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, No. 87-1379 (U.S. Supreme Court) (489 U.S. 749; 109 S.Ct. 1468) (March 22, 1989) (Justice Stevens)

Article • June 5, 2003

Filed under: Punch And Jurists, Rap Sheets

U.S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, No. 87-1379 (U.S. Supreme Court) (489 U.S. 749; 109 S.Ct. 1468) (March 22, 1989) (Justice Stevens) by The Court held that rap sheets are categorically protected from disclosure under the individual privacy exemption for law enforcement information, even …

Jefferson v. Department of Justice, No. 00-5449 (D.C. Cir.) (284 F.3d 172) (April 2, 2002) (Judge Judith W. Rogers)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Exemptions

Jefferson v. Department of Justice, No. 00-5449 (D.C. Cir.) (284 F.3d 172) (April 2, 2002) (Judge Judith W. Rogers) by Here a divided panel held that under Exemption 7(C) of the Freedom of Information Act (5 U.S.C. § 552(b)(7)(C)), the Justice Department's Office of Professional Responsibility (OPR) is not entitled …

Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Exemptions

Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler) by This is an astonishing FOIA case which chronicles the exploits of the highest paid confidential informant in DEA history and shows how the Government then seeks to hide that information from …

Scheer v. U.S Dept. of Justice, No. Civ.A. 98-1613(RMU) (D.D.C.) (35 F.Supp.2d 9) (January 28, 1999) (Judge Ricardo M. Urbina)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Exemptions

Scheer v. U.S Dept. of Justice, No. Civ.A. 98-1613(RMU) (D.D.C.) (35 F.Supp.2d 9) (January 28, 1999) (Judge Ricardo M. Urbina) by Here the Court rejected the Government's claim of privilege under 5 USC § 552(b)(7)(A) in a Freedom of Information Act request, after concluding that the Government had already shown …

Kimberlin v. Department of Justice, No. 96-5250 (D.C. Cir.) (139 F.3d 944) (April 7, 1998) (Judge Douglas Ginsburg)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Exemptions

Kimberlin v. Department of Justice, No. 96-5250 (D.C. Cir.) (139 F.3d 944) (April 7, 1998) (Judge Douglas Ginsburg) by Plaintiff, who blew the whistle of Don Quayle for smoking pot, brought suit under the FOIA; and this case gives a relatively detailed summary of the law dealing with the exemption …