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Article • August 23, 2010 • from P&J August, 2010
Dawn v. Ciavarella, No. Civ. No. 3:10-CV-0797 (M.D.Pa.) (2010 WL 3122858) (August 9, 2010) (Judge A. Richard Caputo) by This decision is another episode in the continuing and widely-publicized scandal in Pennsylvania in which two former Luzerne County, PA judges - Mark A. Ciavarella and Michael T. Conahan - were …
Article • November 1, 2009 • from P&J November, 2009
Wallace v. Powell, No. 3:09-cv-286 (M.D.Pa.) (2009 WL 4051974) (November 20, 2009) (Judge A. Richard Caputo) by Here the Court held that two crooked Pennsylvania judges who sentenced an estimated 5000 juveniles to a detention center in exchange for kickbacks were entitled to assert the defense of judicial immunity, at …
Article • December 31, 2001
Forrester v. White, No. 86-761 (U.S. Supreme Court) (484 U.S. 219; 108 S.Ct. 538) (January 12, 1988) (Justice O'Connor) by The respondent in this case, an Illinois state-court judge, had authority under state law to appoint and discharge probation officers. After hiring petitioner as a probation officer and later promoting …
Article • December 1, 2001 • from P&J December, 2001
Richman v. Sheahan, No. 00-2173 (7th Cir.) (270 F.3d 430) (October 16, 2001) (Judge Ann Claire Williams) by This is one of those barbaric, police brutality cases that makes your blood curdle. It is also a case that shows the arrogance of power and makes one wonder whether the ever-growing …
Article • June 25, 2000
Mireles v. Waco, No. 91-311 (U.S. Supreme Court) (502 U.S. 9; 112 S.Ct. 286) (October 21, 1991) (Per Curiam) by The Court concluded that whether an act is judicial depends on "the 'nature' and 'function' of the act, not the act itself." (Id., at 13). Here the Court held that …
Article • May 1, 1999 • from P&J May, 1999
U.S. v. Cohen, No. 97-1888 (3rd Cir.) (171 F.3d 796) (February 19, 1999) (Judge Richard L. Nygaard) by One of the issues in this case dealt with the defendant’s claim that the district court erred by refusing to confer judicial immunity on a witness crucial to his defense. That claim, …
Article • October 31, 1998
Stump v. Sparkman, No. 76-1750 (U.S. Supreme Court) (435 U.S. 349; 98 S.Ct. 1099) (February 28, 1978) (Justice White) by Here the Court held that State law vested in the Circuit Judge the power to entertain and act upon a petition for sterilization, and he was, therefore, immune from damages …
Article • February 1, 1998 • from P&J February, 1998
Woods v. Gamel, No. 96-7171 (11th Cir.) (132 F.3d 1417) (January 14, 1998) (Judge James Larry Edmondson) by A corollary of this country’s race to incarcerate as many people as possible can be seen from this little gem from Alabama - the State that recently re-instituted the use of chain …
Article • March 1, 1997 • from P&J March, 1997
Barnes v. Winchell, No. 95-4008 (6th Cir.) (105 F.3d 1111) (February 3, 1997) (Judge Karen Nelson Moore) by Reversing the district court's ruling, the 6th Circuit held that assistance that a municipal judge provided to parties related to judge's general duty to receive charging documents and qualified as judicial acts …