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Kisela v. Hughes, No. 17-467 (U.S. Supreme Court) (583 U.S. ___; 138 S.Ct. 1148) (April 2, 2018) (Per Curiam)

Article • March 12, 2018 • from P&J March, 2018

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

Kisela v. Hughes, No. 17-467 (U.S. Supreme Court) (583 U.S. ___; 138 S.Ct. 1148) (April 2, 2018) (Per Curiam) by A handful of times every year, the Supreme Court summarily reverses an opinion from a court below - which means that the Court decides to issue a merits opinion on …

Price v. U.S. DOJ Attorney Office, No. 15-5314 (D.C. Cir.) (865 F.3d 676) (August 4, 2017) (Judge Thomas Beall Griffith)

Article • September 11, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Waiver of Rights

Price v. U.S. DOJ Attorney Office, No. 15-5314 (D.C. Cir.) (865 F.3d 676) (August 4, 2017) (Judge Thomas Beall Griffith) by

County of Los Angeles v. Mendez, No. 16-369 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1539) (May 30, 2017) (Justice Alito)

Article • May 29, 2017 • from P&J May, 2017

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

County of Los Angeles v. Mendez, No. 16-369 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1539) (May 30, 2017) (Justice Alito) by In this decision the Supreme Court vacated a $4 million judgment against two deputies of the Los Angeles County Sheriff’s Department that was awarded to the Plaintiffs/Respondents …

Giraldo v. Kessler, No. 11-2367-cv (2nd Cir.) (694 F.3d 161) (September 14, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Absolute Prosecutorial Immunity

Giraldo v. Kessler, No. 11-2367-cv (2nd Cir.) (694 F.3d 161) (September 14, 2012) (Judge Ralph K. Jr. Winter) by In a section 1983 suit, alleging that defendants' interrogation of plaintiff following the arrest of her boyfriend, former New York State Senator Hiram Moserrate, violated her civil rights, district court's denial …

Heyerman v. County of Calhoun, No. 10-2322 (6th Cir.) ( F.3d ) (May 29, 2012) (Judge Patrick J. Duggan)

Article • June 11, 2012 • from P&J June, 2012

Filed under: Punch And Jurists, Unlawful Detention

Heyerman v. County of Calhoun, No. 10-2322 (6th Cir.) ( F.3d ) (May 29, 2012) (Judge Patrick J. Duggan) by In this case, Buxton Heyerman, was held in a Michigan prison for more than 17 years “for unknown reasons,” after a state appellate court reversed his criminal conviction and remanded …

Filarsky v. Delia, No. 10-1018 (U.S. Supreme Court) (566 U.S. 377; 132 S.Ct. 1657) (April 17, 2012) (Justice (John G.) Roberts)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Public versus Private Employees

Filarsky v. Delia, No. 10-1018 (U.S. Supreme Court) (566 U.S. 377; 132 S.Ct. 1657) (April 17, 2012) (Justice (John G.) Roberts) by In this case, a unanimous Supreme Court held that a private attorney temporarily retained by a municipality to conduct an investigation is entitled to the same protections of …

Messerschmidt v. Millender, No. 10-704 (U.S. Supreme Court) (565 U.S. 535; 132 S.Ct. 1235) (February 22, 2012) (Justice (John G.) Roberts)

Article • March 5, 2012 • from P&J March, 2012

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

Messerschmidt v. Millender, No. 10-704 (U.S. Supreme Court) (565 U.S. 535; 132 S.Ct. 1235) (February 22, 2012) (Justice (John G.) Roberts) by Here a divided Court held that two police officers may have erred in executing a search warrant that lacked probable cause, but they were not “plainly incompetent” so …

U.S. v. Gonzalez, No. 11-15025 (9th Cir.) (669 F.3d 974) (January 25, 2012) (Judge Michael Daly Hawkins)

Article • February 20, 2012 • from P&J February, 2012

Filed under: Punch And Jurists, Waiver of Rights

U.S. v. Gonzalez, No. 11-15025 (9th Cir.) (669 F.3d 974) (January 25, 2012) (Judge Michael Daly Hawkins) by Here the Court held that a Joint Defense Agreement cannot be unilaterally waived to satisfy the discovery needs of one of the parties created by her subsequent claim of ineffective assistance of …

Camreta v. Greene, No. 09-1454 (U.S. Supreme Court) (563 U.S. 692; 131 S.Ct. 2020) (May 26, 2011) (Justice Kagan)

Article • June 13, 2011 • from P&J June, 2011

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

Camreta v. Greene, No. 09-1454 (U.S. Supreme Court) (563 U.S. 692; 131 S.Ct. 2020) (May 26, 2011) (Justice Kagan) by [Editor's Note: Because the Court essentially decided that the main issue in this closely watched case regarding qualified immunity was “moot,” and because the Court therefore declined to rule on …

Ortiz v. Jordan, No. 09-737 (U.S. Supreme Court) (562 U.S. 180; 131 S.Ct. 884) (January 24, 2011) (Justice Ginsburg)

Article • February 7, 2011 • from P&J February, 2011

Filed under: Punch And Jurists, Waiver of Rights

Ortiz v. Jordan, No. 09-737 (U.S. Supreme Court) (562 U.S. 180; 131 S.Ct. 884) (January 24, 2011) (Justice Ginsburg) by Here, in a mundane procedural ruling, a unanimous Court held that prison officials who were defendants in a civil rights lawsuit may not appeal an order denying summary judgment on …

Hui v. Castaneda, No. 08-1529 (U.S. Supreme Court) (559 U.S. 799; 130 S.Ct. 1845) (May 3, 2010) (Justice Sotomayor)

Article • May 17, 2010 • from P&J May, 2010

Filed under: Punch And Jurists, Public Health Service Exemption

Hui v. Castaneda, No. 08-1529 (U.S. Supreme Court) (559 U.S. 799; 130 S.Ct. 1845) (May 3, 2010) (Justice Sotomayor) by Here the Court held that, based on the plain language of 42 U.S.C. § 233(a), employees of the Public Health Service cannot be sued personally for damages in a Bivens …

In Re: Application of The New York Times Co., No. 09-0854-cv (L) (2nd Cir.) (577 F.3d 401) (August 7, 2009) (Judge Jose A. Cabranes)

Article • September 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Media Access

In Re: Application of The New York Times Co., No. 09-0854-cv (L) (2nd Cir.) (577 F.3d 401) (August 7, 2009) (Judge Jose A. Cabranes) by In an appeal from a district court order granting an application by a newspaper to access sealed wiretap applications relating to the investigation of a …

Imbler v. Pachtman, No. 74-5435 (U.S. Supreme Court) (424 U.S. 409; 96 S.Ct. 984) (March 2, 1976) (Justice Powell)

Article • February 10, 2009

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

Imbler v. Pachtman, No. 74-5435 (U.S. Supreme Court) (424 U.S. 409; 96 S.Ct. 984) (March 2, 1976) (Justice Powell) by The question presented in this case was whether a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution is amenable to …

Pearson v. Callahan, No. 07-751 (U.S. Supreme Court) (555 U.S. 223; 129 S.Ct. 808) (January 21, 2009) (Justice Alito)

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

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

Pearson v. Callahan, No. 07-751 (U.S. Supreme Court) (555 U.S. 223; 129 S.Ct. 808) (January 21, 2009) (Justice Alito) by Here a uninamous Court shifted the standard for determining whether police officers are entitled to qualified immunity for 4th Amendment violations by reversing precedent and discarding the rigid two-step process …

Van de Kamp v. Goldstein, No. 07-854 (U.S. Supreme Court) (555 U.S. 335; 129 S.Ct. 855) (January 26, 2009) (Justice Breyer)

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

Filed under: Punch And Jurists, Supervising District Attorneys

Van de Kamp v. Goldstein, No. 07-854 (U.S. Supreme Court) (555 U.S. 335; 129 S.Ct. 855) (January 26, 2009) (Justice Breyer) by In a decision relating to the availability of immunity in civil rights actions for damages under 42 U.S.C. § 1983, the Supreme Court unanimously held that a California …

Moore v. Andreno, No. 06-3623-cv(L) (2nd Cir.) (505 F.3d 203) (October 22, 2007) (Judge John M. Jr. Walker)

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

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

Moore v. Andreno, No. 06-3623-cv(L) (2nd Cir.) (505 F.3d 203) (October 22, 2007) (Judge John M. Jr. Walker) by For a summary of this decision, see "2nd Circuit Finds Deputies Immune From Suit for Bad Search," by Mark Hamblett, New York Law Journal, Oct. 25, 2007, as follows: "Uncertainty over …

Iqbal v. Hasty, No. 05-5768-cv(L) (2nd Cir.) (490 F.3d 143) (June 14, 2007) (Judge Jon O. Newman)

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

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

Iqbal v. Hasty, No. 05-5768-cv(L) (2nd Cir.) (490 F.3d 143) (June 14, 2007) (Judge Jon O. Newman) by Shortly after the terrorist attacks on 9/11, the FBI began rounding up and detaining literally thousands of Arab Muslims who were living in the United States, sometimes on the grounds that they …

Mink v. Suthers, No. 04-1496 (10th Cir.) (482 F.3d 1244) (April 16, 2007) (Judge Timothy M. Tymkovich)

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

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

Mink v. Suthers, No. 04-1496 (10th Cir.) (482 F.3d 1244) (April 16, 2007) (Judge Timothy M. Tymkovich) by DOD Prosecutorial immunity is a major issue these days, as commentators wonder whether Durham District Attorney Mike Nifong will face civil liability for his role in the botched Duke lacrosse prosecutions. Although …

Groh v. Ramirez, No. 02-811 (U.S. Supreme Court) (540 U.S. 551; 124 S.Ct. 1284) (February 24, 2004) (Justice Stevens)

Article • July 15, 2006 • from P&J February, 2004

Filed under: Punch And Jurists, Facially Invalid Warrant

Groh v. Ramirez, No. 02-811 (U.S. Supreme Court) (540 U.S. 551; 124 S.Ct. 1284) (February 24, 2004) (Justice Stevens) by This case began when ATF agent Joseph Groh received a tip that Joseph Ramirez had a stockpile of weapons on his Montana ranch, including machine guns, grenades and rockets. Acting …

Martinez-Aguero v. Gonzalez, No. 05-50472 (5th Cir.) (459 F.3d 618) (August 4, 2006) (Judge Jerry E. Smith)

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

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

Martinez-Aguero v. Gonzalez, No. 05-50472 (5th Cir.) (459 F.3d 618) (August 4, 2006) (Judge Jerry E. Smith) by Here the Court held that noncitizens have a constitutional right to be free from false imprisonment and the use of excessive force by law enforcement personnel. Martinez Aguero, 49, of Ciudad Juarez, …