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Turkmen v. Hasty, No. 13-981 (2nd Cir.) (789 F.3d 218) (June 17, 2015) (Judge Pooler & Wesley)
Article • July 13, 2015 • from P&J July, 2015
Filed under: Punch And Jurists, Immunity
Turkmen v. Hasty, No. 13-981 (2nd Cir.) (789 F.3d 218) (June 17, 2015) (Judge Pooler & Wesley) by In this landmark decision, a divided panel from the Second Circuit reinstated a series of civil rights claims, initially asserted some 13 years ago against top Bush Administration officials, by some of …
U.S. v. Fowlkes, No. 11-50273 (9th Cir.) (804 F.3d 954) (September 28, 2015) (Judge Kim McLane Wardlaw)
Article • May 1, 2015
Filed under: Punch And Jurists, Body Cavity
U.S. v. Fowlkes, No. 11-50273 (9th Cir.) (804 F.3d 954) (September 28, 2015) (Judge Kim McLane Wardlaw) by
U.S. v. Fowlkes, No. 11-50273 (9th Cir.) (770 F.3d 748) (August 25, 2014) (Judge Kim McLane Wardlaw)
Article • September 22, 2014 • from P&J September, 2014
Filed under: Punch And Jurists, Body Cavity
U.S. v. Fowlkes, No. 11-50273 (9th Cir.) (770 F.3d 748) (August 25, 2014) (Judge Kim McLane Wardlaw) by In this case, the defendant, Mark Tyrell Fowlkes, appealed his conviction for drug distribution and possession with intent to distribute, arguing principally that the forcible removal of drugs from his rectum by …
Turkmen v. Ashcroft, No. 02-CV-2307 (E.D.N.Y.) (915 F.Supp.2d 314) (January 15, 2013) (Judge John Gleeson)
Article • January 18, 2013 • from P&J January, 2013
Filed under: Punch And Jurists, Immunity
Turkmen v. Ashcroft, No. 02-CV-2307 (E.D.N.Y.) (915 F.Supp.2d 314) (January 15, 2013) (Judge John Gleeson) by Way back in 2002, an initial group of seven foreign nationals filed a class action, civil rights lawsuit against former Attorney General John Ashcroft, FBI Director Robert Mueller, former INS Commissioner James Ziglar, and …
Swartz v. Insogna, No. 11-2846-cv (2nd Cir.) (704 F.3d 105) (January 3, 2013) (Judge Jon O. Newman)
Article • January 7, 2013 • from P&J January, 2013
Filed under: Punch And Jurists, Immunity
Swartz v. Insogna, No. 11-2846-cv (2nd Cir.) (704 F.3d 105) (January 3, 2013) (Judge Jon O. Newman) by In a decision that will undoubtedly infuriate a lot of law enforcement officers throughout the U.S., the Second Circuit held in the instant case that a Federal district judge erred in dismissing …
Brown v. Montoya, No. 10-2269 (10th Cir.) (662 F.3d 1152) (November 8, 2011) (Judge Scott M. Jr. Matheson)
Article • December 12, 2011 • from P&J December, 2011
Filed under: Punch And Jurists, Immunity
Brown v. Montoya, No. 10-2269 (10th Cir.) (662 F.3d 1152) (November 8, 2011) (Judge Scott M. Jr. Matheson) by This is an interesting decision involving a civil rights lawsuit, pursuant to 42 U.S.C. § 1983, brought by a New Mexico probationer, Ray Brown, against his state probation officer, Daniel Montoya, …
In Re Nassau County Strip Search Cases, No. 05-4206-cv(L) (2nd Cir.) (461 F.3d 210) (August 24, 2006) (Judge Chester J. Straub)
Article • December 1, 2006 • from P&J December, 2006
Filed under: Punch And Jurists, Searches - Body/Strip
In Re Nassau County Strip Search Cases, No. 05-4206-cv(L) (2nd Cir.) (461 F.3d 210) (August 24, 2006) (Judge Chester J. Straub) by n an appeal concerning Nassau County Correctional Center's blanket strip search policy for newly admitted, misdemeanor detainees, denials of plaintiffs' repeated class certification motions for lack of common …
Evans v. Stephens, No. 02-16424 (11th Cir.) (407 F.3d 1272) (May 9, 2005) (Judge James Larry Edmondson)
Article • June 1, 2005 • from P&J June, 2005
Filed under: Punch And Jurists, Searches - Body/Strip
Evans v. Stephens, No. 02-16424 (11th Cir.) (407 F.3d 1272) (May 9, 2005) (Judge James Larry Edmondson) by The Eleventh Circuit reheard the appeal that was presented by defendant police officer that challenged the decision entered by the United States District Court for the Northern District of Georgia. The district …
Dodge v. County of Orange, No. 02 CIV. 769 (CM)(LMS) (S.D.N.Y.) (282 F.Supp.2d 41) (September 9, 2003) (Judge Colleen McMahon)
Article • November 1, 2003 • from P&J November, 2003
Filed under: Punch And Jurists, Searches - Body/Strip
Dodge v. County of Orange, No. 02 CIV. 769 (CM)(LMS) (S.D.N.Y.) (282 F.Supp.2d 41) (September 9, 2003) (Judge Colleen McMahon) by Here the Court granted a permanent injunction barring the Orange County Correctional Facility from implementing its policy that called for the automatic strip searches of all newly-admitted detainees arrested …
Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist)
Article • September 16, 2003
Filed under: Punch And Jurists, Searches - Body/Strip
Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist) by Among the many prisoners' rights issued addressed by the Supreme Court in this case, the Court identified the framework in which searches of pretrial detainees in custody are to be …
Shain v. Ellison, No. 00-7061 (2nd Cir.) (273 F.3d 56) (October 19, 2001) (Judge Rosemary S. Pooler)
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists, Searches - Body/Strip
Shain v. Ellison, No. 00-7061 (2nd Cir.) (273 F.3d 56) (October 19, 2001) (Judge Rosemary S. Pooler) by Here a divided panel held that strip searches of detainees being held on misdemeanor charges must still be based on a "reasonable suspicion" that the person being searched has a weapon or …
Doan v. Watson, No. NA 99-4-C-B/S (S.D.Ind.) (168 F.Supp.2d 832) (October 10, 2001) (Judge Sarah Evans Barker)
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists, Searches - Body/Strip
Doan v. Watson, No. NA 99-4-C-B/S (S.D.Ind.) (168 F.Supp.2d 832) (October 10, 2001) (Judge Sarah Evans Barker) by Here the Court held that the prison's policy of stripping inmates and requiring them to undergo delousing procedure was an unreasonable search that subjected prison officials to liability for damages for which …
Ford v. City of Boston, No. Civ. 98-11346-NG (D.Mass.) (154 F.Supp.2d 131) (July 31, 2001) (Judge Nancy Gertner)
Article • September 1, 2001 • from P&J September, 2001
Filed under: Punch And Jurists, Searches - Body/Strip
Ford v. City of Boston, No. Civ. 98-11346-NG (D.Mass.) (154 F.Supp.2d 131) (July 31, 2001) (Judge Nancy Gertner) by
Wilson v. Shelby County, Ala., No. CV99-TMP-110-S (N.D.Ala.) (95 F.Supp.2d 1258) (May 4, 2000) (Judge Magistrate)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Searches - Body/Strip
Wilson v. Shelby County, Ala., No. CV99-TMP-110-S (N.D.Ala.) (95 F.Supp.2d 1258) (May 4, 2000) (Judge Magistrate) by The plaintiff in this case was an 18-year old high school student who was arrested at a vehicle checkpoint after consuming three beers. She was arrested and taken to the police station where …
Shain v. Ellison, No. CV 96-3774 (E.D.N.Y.) (53 F.Supp.2d 564) (June 1, 1999) (Judge Leonard D. Wexler)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Searches - Body/Strip
Shain v. Ellison, No. CV 96-3774 (E.D.N.Y.) (53 F.Supp.2d 564) (June 1, 1999) (Judge Leonard D. Wexler) by Case held that county could not claim qualified immunity in action charging that general strip searches of detainees violated the Fourth Amendment in the absence of reasonable suspicion that detainees were concealing …
Peckham v. Wisconsin Dept. of Corrections, No. 96-1894 (7th Cir.) (141 F.3d 694) (April 1, 1998) (Judge Terrence T. Evans)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Searches - Body/Strip
Peckham v. Wisconsin Dept. of Corrections, No. 96-1894 (7th Cir.) (141 F.3d 694) (April 1, 1998) (Judge Terrence T. Evans) by Here the Court held that various strip searches of inmates do not violate either the Fourth or the Eighth Amendments, absent any evidence that the searches were performed for …
Foote v. Speigel, No. Civ. No. 2:94-CV-754 (D.Utah) (995 F.Supp. 1347) (February 23, 1998) (Judge Tena Campbell)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Searches - Body/Strip
Foote v. Speigel, No. Civ. No. 2:94-CV-754 (D.Utah) (995 F.Supp. 1347) (February 23, 1998) (Judge Tena Campbell) by Case held that prison officials had no reasonable suspicion to strip search detainee after pat down search revealed no contraband; and that mere suspicion that detainee was under influence of drugs or …
Varrone v. Bilotti, No. 96-2368(L), No. 779 (2nd Cir.) (123 F.3d 75) (August 18, 1997) (Judge Daniel M. Friedman)
Article • October 1, 1997 • from P&J October, 1997
Filed under: Punch And Jurists, Searches - Body/Strip
Varrone v. Bilotti, No. 96-2368(L), No. 779 (2nd Cir.) (123 F.3d 75) (August 18, 1997) (Judge Daniel M. Friedman) by Case held that prison officials who conducted strip search had reasonable grounds and were entitled to qualified immunity in suit for damages.
Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Searches - Body/Strip
Foote v. Spiegel, No. 95-4178 (10th Cir.) (118 F.3d 1416) (July 8, 1997) (Judge Mary Beck Briscoe) by Here the Court denied the police a defense of qualified immunity after conducting a strip search on a female who was obviously being "punished" for driving a male friend that the police …
Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Searches - Body/Strip
Swain v. Spinney, No. 96-2035 (1st Cir.) (117 F.3d 1) (June 25, 1997) (Judge Sandra L. Lynch) by This decision explores the boundaries of municipal liability in civil rights actions based on 43 U.S.C. § 1983 - an issue that is destined to take on increasing importance due to the …
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