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Article • December 1, 2012
Jones v. Town of New Haven, No. 10-4731-cv (L) (2nd Cir.) (691 F.3d 72) (August 1, 2012) (Judge Pierre N. Leval) by In plaintiff's suit against a town brought under 42 U.S.C. section 1983, for the killing of her son by a police officer, alleging numerous claims, including that the …
Article • February 22, 2010 • from P&J February, 2010
Agredano v. U.S., No. 2008-5114 (Fed. Cir.) (598 F.3d 1278) (February 17, 2010) (Judge Haldane Robert Mayer) by Because the Federal Circuit has no jurisdiction over criminal cases (it primarily deals with patent and trademark appeals and appeals from the Federal Court of Claims), we rarely review cases from this …
Article • July 1, 2006 • from P&J July, 2006
In Re Search of the Rayburn House, Rm. No. 2113, No. 06-0231 M-01 (D.D.C.) (432 F.Supp.2d 100) (July 10, 2006) (Judge Michael R. Hogan) by Congressman William Jefferson filed a motion under Fed. R. Crim. P. 41 for return of property in which he argued that the execution of a …
Article • August 12, 2005
Monell v. Department of Soc. Servs. of New York, No. 75-1914 (U.S. Supreme Court) (436 U.S. 658; 98 S.Ct. 2018) (June 6, 1978) (Justice Brennan) by In this seminal case on the scope of municipal liability in a civil rights lawsuit and the availability of the defense of absolute and/or …
Article • August 28, 1999
City of Canton v. Harris, No. 86-1088 (U.S. Supreme Court) (489 U.S. 378; 109 S.Ct. 1197) (February 28, 1989) (Justice White) by In this case, the Court held that deliberate indifference was the minimum standard of culpability necessary to maintain a § 1983 due process action against a municipality for …
Article • July 1, 1998 • from P&J July, 1998
Snyder v. Trepagnier, No. 96-30935 (5th Cir.) (142 F.3d 791) (May 27, 1998) (Judge Jerry E. Smith) by Case held that a municipality could not be held liable in a § 1983 action for damages under a "code of silence" theory.