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Article • November 20, 2017 • from P&J November, 2017
Melton v. Phillips, No. 15-10604 (5th Cir.) ( F.3d ) (November 13, 2017) (Judge Jennifer Walker Elrod) by The plaintiff in this Bivens action was a man named Michael David Melton, who spent sixteen days in county jail in connection with an assault he did not commit. The only thing …
Article • November 20, 2017 • from P&J November, 2017
Estate of Perry v. Wenzel, No. 16-2353 (7th Cir.) (872 F.3d 438) (September 29, 2017) (Judge Ann Claire Williams) by In this clearly outrageous suit for damages for violations of a pre-trial detainee's rights stemming from deliberate indifference to his medical needs, the Circuit Court reversed a grant of summary …
Article • August 25, 2014 • from P&J August, 2014
Terebesi v. Torreso, No. 12-3867 (2nd Cir.) (764 F.3d 217) (August 21, 2014) (Judge Robert D. Sack) by The terrifying events in Ferguson, MO that have been playing out on national television for the past two weeks are emblematic of a new norm for local police forces - namely the …
Article • December 1, 2011
Flagler v. Trainor, No. 10-4081-cv (2nd Cir.) (663 F.3d 543) (November 21, 2011) (Judge Richard C. Wesley) by In an appeal from a judgment of the district court dismissing plaintiff's civil complaint for various prosecutorial misconduct, judgment is affirmed where the court correctly found that defendant-prosecutor was absolutely immune from …
Article • April 4, 2011 • from P&J April, 2011
Connick v. Thompson, No. 09-571 (U.S. Supreme Court) (563 U.S. 51; 131 S.Ct. 1350) (March 29, 2011) (Justice Thomas) by In a ruling that one commentator described as “one of the meanest Supreme Court decisions ever,” a sharply divided Supreme Court threw out a $14 million jury award in favor …
Article • December 1, 2010
Turkmen v. Ashcroft, No. 06-3745-cv (L) (2nd Cir.) (589 F.3d 542) (December 18, 2009) (Per Curiam) by In an action claiming abuse, mistreatment, and detention of Arab and Muslim aliens who were held on immigration violations in the wake of the terrorist attacks of September 11, 2001, an order partially …