CASE COMMENTS. Constitutional Law Clarifying the Standard of Qualified Immunity in an Eighth Amendment Case Hope v. Pelzer, 536 U.S.
|
|
- Lionel Mosley
- 5 years ago
- Views:
Transcription
1 CASE COMMENTS Constitutional Law Clarifying the Standard of Qualified Immunity in an Eighth Amendment Case Hope v. Pelzer, 536 U.S. 730 (2002) Government officials may avail themselves of the qualified immunity defense in constitutional tort actions. 1 The doctrine of qualified immunity evolved to protect the discretionary actions of government officials unless their conduct violates an individual s clearly established constitutional rights. 2 In Hope v. Pelzer, 3 the United States Supreme Court refined the standard of qualified immunity, holding that prison guards were not immune from liability because they should have known that their conduct was unconstitutional under the precedent cases and state regulations. 4 In 1995, Larry Hope, an inmate in an Alabama correctional facility, worked in a chain gang. 5 On two occasions, due to his disruptive behavior at work, the prison guards transported Hope from the work site back to the facility, where they handcuffed him to a hitching post as punishment. 6 Consequently, Hope filed suit in federal district court under 42 U.S.C. 1983, alleging that the prison guards violated his rights under the Eighth Amendment of the United States Constitution. 7 Without deciding whether the punishment violated the 1. See Peggy Ward Corn, Case Comment, Anderson v. Creighton and Qualified Immunity, 50 OHIO ST. L.J. 447, 447 (1989) (introducing and exploring development of doctrine of qualified immunity). 2. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) (holding government officials are not liable if their actions do not violate clearly established rights); see also Corn, supra note 1, at (highlighting current formulation of qualified immunity test) U.S. 730 (2002). 4. Id. at 742 (declaring prison guards violated clearly established constitutional right). 5. Hope v. Pelzer, 240 F.3d 975, 977 (11th Cir. 2001) (setting forth facts of case), rev d, 536 U.S. 730 (2002). 6. Hope v. Pelzer, 240 F.3d 975, 977 (11th Cir. 2001), rev d, 536 U.S. 730 (2002). On the first occasion, due to an altercation with another inmate during work, the prison guards cuffed Hope to the hitching post for two hours. Id. While on the post, the guard offered Hope water and a bathroom break every fifteen minutes. Id. As a result of the second incident, when Hope engaged in a physical fight at work with a prison guard, the guards handcuffed him to the hitching post for seven hours. Id. During this period, Hope remained shirtless in the hot sun, with his arms at his head level, and the guards only gave him one or two water breaks and no bathroom breaks. Id. at U.S. at 735 (recounting procedural history of case). The Eighth Amendment of the United States Constitution protects individuals against cruel and unusual punishment by the government. U.S. CONST. amend. VIII. Section 1983 of the United States Code provides in relevant part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State... subjects... any citizen of the United States... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law. 42 U.S.C (1994).
2 556 SUFFOLK UNIVERSITY LAW REVIEW [Vol. XXXVII:555 Eighth Amendment, the district court concluded that the guards were entitled to qualified immunity and entered judgment for the defendants. 8 On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the alleged Eighth Amendment violation, which the lower court avoided. 9 The court found that handcuffing an inmate to a hitching post for punitive purposes involve[d] the unnecessary and wanton infliction of pain and thus violated the Eighth Amendment. 10 The appeals court, however, affirmed the lower court s decision entitling the prison guards to qualified immunity because case law in the jurisdiction was not sufficiently clear to put them on notice that their conduct was unconstitutional. 11 The United States Supreme Court granted certiorari to review the Eleventh Circuit s qualified immunity decision. 12 The Court briefly assessed the constitutionality issue and agreed that the Eighth Amendment violation was apparent. 13 The Court, however, rejected the Eleventh Circuit s categorical requirement of factual similarity between the precedent cases and the present case for the purpose of establishing qualified immunity. 14 The Court determined that existing case law, relevant state regulations, and inherent cruelty in using the hitching post provided the prison guards with sufficient notice of the unconstitutionality of their conduct and therefore precluded the qualified immunity defense. 15 The doctrine of qualified immunity stems from Congress enactment of 42 U.S.C. 1983, which provides a remedy to individuals when government U.S. at Hope v. Pelzer, 240 F.3d 975, (11th Cir. 2001) (reviewing issue of Eighth Amendment violation), rev d, 536 U.S. 730 (2002). 10. Hope v. Pelzer, 240 F.3d 975, (11th Cir. 2001) (quoting Rhodes v. Chapman, 452 U.S. 337, 346 (1981)) (establishing unconstitutionality of punishment), rev d, 536 U.S. 730 (2002). The court indicated that in situations where an inmate is posing a threat to prison safety, prison officials may temporarily handcuff him to a stationary object while the guards restore order. Id. at 980. Nonetheless, application of force for a period of time that surpasses that necessary to quell a threat or restore order is a violation of the Eighth Amendment. Id. at Hope v. Pelzer, 240 F.3d 975, (11th Cir. 2001) (granting prison officials qualified immunity), rev d, 536 U.S. 730 (2002). The United States Court of Appeals for the Eleventh Circuit determined that for the law to be clearly established, so as to put a reasonable prison guard on notice that his acts are unconstitutional, the facts in the precedent cases must be materially similar to the facts of the case at issue. Id. at 981 (quoting Suissa v. Fulton County, 74 F.3d 266, (11th Cir. 1996)). The court rejected Hope s assertion that Gates v. Collier and Ort v. White established the rule against the use of the hitching post because the facts in those cases were analogous, rather than materially similar, to the present case and thus did not provide a bright-line rule ascertaining constitutional violation. Id. Compare Gates v. Collier, 501 F.2d 1291, 1306 (11th Cir. 1974) (finding violation in prison punishment of handcuffing prisoners to fences and cells for extended periods), with Ort v. White, 813 F.2d 318, 326 (11th Cir. 1987) (holding no violation where punishment involved denial of water to prisoner until he agreed to work) U.S. at Id. at (reiterating Eleventh Circuit s analysis of constitutional violation). 14. Id. at (rejecting requirement of fundamental similarity to precedent for establishing qualified immunity). 15. Id. at (holding prison guards not entitled to qualified immunity defense).
3 2004] CASE COMMENT 557 officials violate those individuals constitutional rights. 16 Soon after the expansion of 1983 during the 1960s, the Supreme Court recognized that the statute could potentially increase personal liability for federal and state officials, thus undermining the dynamics of governmental operations. 17 As a result, the Court created the doctrine of qualified immunity to preserve the efficiency of the government. 18 In its 1967 decision in Pierson v. Ray, 19 the Supreme Court introduced a method for determining whether a government official is entitled to the defense of qualified immunity. 20 The Court held that if the actions of a government official were reasonable and performed in good faith, the qualified immunity 16. See generally Bivens v. Six Unknown Agents of Fed. Bureau of Narcotics, 456 F.2d 1339 (2d Cir. 1972); Pierson v. Ray, 386 U.S. 547 (1967); Jack M. Beermann, The Unhappy History of Civil Rights Legislation, Fifty Years Later, 34 CONN. L. REV. 981, (defining government officials subject to 1983 litigation); John D. Kirby, Note, Qualified Immunity for Civil Rights Violations: Refining the Standard, 75 CORNELL L. REV. 462, 464 (1990) (discussing historical development of qualified immunity doctrine); supra note 7 and accompanying text (setting forth wording of 42 U.S.C. 1983). 17. See Mary A. McKenzie, Note, The Doctrine of Qualified Immunity in Section 1983 Actions: Resolution of the Immunity Issue on Summary Judgment, 25 SUFFOLK U. L. REV. 673, (1991). Although Congress enacted the statute in 1871, federal courts decided very few 1983 cases before the 1960s. Id. at As a result of the increased number of 1983 cases throughout the 1960s, however, the Supreme Court ultimately interpreted the purpose of the statute as to vindicate federal constitutional and statutory rights through private actions at law. Id. at ; see also Baker v. McCollan, 443 U.S. 137, 144 (1979) (discussing impact and scope of 1983 relating to case); Carey v. Piphus, 435 U.S. 247, 255 (1978) (holding damages available in constitutional violation actions under 1983). Soon thereafter, the Court realized that 1983 can considerably interfere with effective operation of government and began imposing restrictions upon civil rights claimants. See McKenzie, supra, at 679; see also Harlow v. Fitzgerald, 457 U.S. 800, 806 (1982) (expressing concern over broad liability for government officials which impedes effective government); Wood v. Strickland, 420 U.S. 308, 318 (1975) (recognizing strong public policy reasons to support expansion of qualified immunity); Pierson v. Ray, 386 U.S. 547, (1967) (presenting policy reasons for granting qualified immunity to government officials in 1983 claims). 18. See Pierson v. Ray, 386 U.S. 547, 557 (1967) (recognizing defense of qualified immunity available to government officials acting in good faith); see also Scheuer v. Rhodes, 416 U.S. 232, 242 (1974) (justifying qualified immunity based on recognition of possible error in actions of government officials); Kirby, supra note 16, at 470 (explaining necessity of qualified immunity). The defense of qualified immunity is necessary for the government officials to carry out their duties effectively. Kirby, supra note 16, at 470. Without such protection, officials would constantly worry that their good faith actions might inadvertently violate an individual s constitutional rights. Id. Fear of personal liability may prevent officials from performing their duties with the requisite decisiveness, which could lead to a serious public harm. Id. at Recognizing that the principle of qualified immunity would involve surrender of some measure of constitutional protection, the Court nonetheless decided that it was an adequate measure to accommodate the competing goals between the statute s legislative purpose and facilitation of effective functioning of government. Id. at 470; see also Sam Kamin, Harmless Error and the Rights/Remedies Split, 88 VA. L. REV. 1, 37 (criticizing qualified immunity as denial of remedy for violation of civil rights). In recent years, courts defined the qualified immunity doctrine quite liberally, granting qualified immunity motions to defendants in approximately eighty percent of the cases. Myriam E. Gilles, In Defense of Making Government Pay: The Deterrent Effect of Constitutional Tort Remedies, 35 GA. L. REV. 845, 852 (discussing recent trends in application of qualified immunity standard). 19. Pierson v. Ray, 386 U.S. 547 (1967). 20. Pierson v. Ray, 386 U.S. 547, 557 (1967) (acknowledging availability of good faith and reasonableness defense for public officials).
4 558 SUFFOLK UNIVERSITY LAW REVIEW [Vol. XXXVII:555 doctrine protected such actions. 21 Seven years later, in Scheuer v. Rhodes, 22 the Court enunciated the qualified immunity test, requiring both subjective and objective elements that the Pierson Court implicitly suggested. 23 This standard prevailed until 1982, when the Court discarded the subjective prong of the qualified immunity test in Harlow v. Fitzgerald. 24 The new test focused entirely on the objective conduct of the official and offered protection from liability if the official s conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. 25 Although the Harlow test has remained valid, lower courts have struggled with the interpretation of the qualified immunity standard, specifically in determining what constitutes a clearly established law and what a reasonable officer should know. 26 Some circuit courts required a strong 21. Pierson v. Ray, 386 U.S. 547 (1967). In Pierson, police officers arrested several black ministers in a whites only area. Id. at The Court held that the police officers were exempt from 1983 liability as long as they reasonably believed in good faith that the arrest was constitutional. Id. at Scheuer v. Rhodes, 416 U.S. 232 (1974). 23. Scheuer v. Rhodes, 416 U.S. 232, 247 (1974) (announcing two prong qualified immunity test). The Scheuer Court held that a government official is entitled to qualified immunity if, in light of the existing circumstances, he had reasonable grounds to believe that his actions were constitutional and he acted in good faith. Id. at The Court reasoned that it would be unfair to hold a government official responsible if he/she erroneously, but in good faith, violated one s constitutional rights. Id. at Harlow v. Fitzgerald, 457 U.S. 800, (1982) (modifying original qualified immunity test). The Court abandoned the subjective prong of the qualified immunity test because it was not in accord with the Court s goal of preventing unsubstantiated claims from going to trial. Id. at 816. The subjective prong requires a court to inquire into the official s state of mind, questions which courts consider to be factual issues for the jury to decide. Id. Judicial inquiry may subject government officials to various burdens of litigation that can be peculiarly disruptive of effective government. Id. at 817; see Elizabeth J. Norman & Jacob E. Daly, Statutory Civil Rights, 53 MERCER L. REV. 1499, (2002) (discussing impact of 1983 actions on federal rules of civil procedure). During the 1970s and early 1980s, the flood of 1983 lawsuits caused some federal courts of appeals, including the Eleventh Circuit, to implement a heightened pleading standard in an attempt to reduce frivolous actions and better protect government officials. Norman & Daly, supra, at These circuits require a plaintiff, in an action pursuant to 1983, to specifically allege the facts upon which they base their claim. Norman & Daly, supra, at In 1993, the United States Supreme Court recognized an inconsistency between the heightened pleading standard in 1983 cases and the limited pleading requirements of Federal Rule of Civil Procedure 8(a). Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 164 (1993) (holding 1983 actions not subject to heightened pleading standard). Nevertheless, some circuits, including the Eleventh Circuit, continue to require the standard in an effort to get rid of non-meritorious claims, thus preserving the efficiency of governmental function. See GJR Invs., Inc., v. County of Escambia, 132 F.3d 1359, 1368 (11th Cir. 1998) (emphasizing heightened pleading standard as law and declining to apply Leatherman to 1983 actions); see also Norman & Daly, supra, at (highlighting use of heightened pleading standard in 1983 actions). 25. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). The Court also noted that if, at the time of the incident, the law was clearly established but the official pleading the defense claims extraordinary circumstances and can prove that he neither knew nor should have known of the relevant legal standard, the defense should be sustained. Id. at Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) (reiterating qualified immunity standard); see Corn, supra note 1, at (exposing ambiguities arising from Harlow Court s qualified immunity test); see also Kamin, supra note 19, at 36 (discussing problems with interpretation of Harlow decision due to elimination of subjective prong of defense). Subsequent to Harlow, the Court attempted to clarify the qualified immunity standard with its decision in Anderson v. Creighton. See generally Anderson v. Creighton, 483 U.S. 635
5 2004] CASE COMMENT 559 factual similarity to the precedent to find that the law was clearly established. 27 Conversely, other courts ruled that a case precisely on point is not necessary to make such a determination. 28 The Supreme Court s decisions approved of both approaches and thus never solved the ambiguity of the standard required for qualified immunity. 29 The Supreme Court sought to resolve the conflicting rationales with its decision in Hope v. Pelzer. 30 The Court rejected the argument that the precedent cases must be fundamentally similar to the case at issue for the qualified immunity defense to apply and instead adopted the fair warning requirement of United States v. Lanier. 31 The Court concluded that although (1987). In Anderson, the Court decided that neither the general principles of law nor a strong factual similarity between a prior case and the case at issue is an appropriate standard for determining what constitutes a clearly established law. Id. at As a result, the Court s ultimate conclusion that in the light of pre-existing law the unlawfulness must be apparent did not offer the clear guidelines the courts needed for determining the clearly established part of the qualified immunity analysis. Id. at 640; see Corn, supra note 1, at 457 (criticizing Anderson for its failure to fully clarify standards of qualified immunity). 27. See, e.g., Hope v. Pelzer, 240 F.3d 975, 981 (11th Cir. 2001) (requiring material similarity between case at bar and precedent), rev d, 536 U.S. 730 (2002); Denno v. Sch. Bd. Of Volusia County, 218 F.3d 1267, 1270 (11th Cir. 2000) (requiring 1983 plaintiff to point to case law compelling conclusion of clear constitutional violation); Kalka v. Hawk, 215 F.3d 90, 99 (D.C. Cir. 2000) (granting qualified immunity to prison official due to lack of precedent establishing violation); Kyle K. v. Chapman, 208 F.3d 940, (11th Cir. 2000) (establishing violation but allowing qualified immunity based on lack of precedent); Suissa v. Fulton County, 74 F.3d 266, (11th Cir. 1996) (requiring facts of precedent cases materially similar to case at issue to determine qualified immunity); Lassiter v. Ala. A&M Univ. Bd. of Trs., 28 F.3d 1146, (11th Cir. 1994) (emphasizing need for concrete precedent, not general rules and abstract rights in qualified immunity cases). 28. See, e.g., Amaechi v. West, 237 F.3d 356, 362 (4th Cir. 2001) (holding identical correlation of precedent unnecessary to show violation of clearly established constitutional right); Gruenke v. Seip, 225 F.3d 290, 301 (3rd Cir. 2000) (using factually distinct precedent in establishing constitutional violation and denying qualified immunity); Miller v. Kennebec County, 219 F.3d 8, 11 (1st Cir. 2000) (ruling precedent not essential to finding of qualified immunity where official s actions clearly unreasonable); Burgess v. Lowery, 201 F.3d 942, (7th Cir. 2000) (determining where existence of constitutional right obvious, no precedent needed to establish violation). 29. United States v. Lanier, 520 U.S. 259, 269 (1997) (establishing notice of officials unconstitutional conduct in absence of fundamentally similar precedent). The Court in Lanier held that so long as the prior decisions gave reasonable warning that the conduct then at issue violated constitutional rights, the factual distinction between the case at hand and the precedent was not an obstacle in denying qualified immunity. Id. Contra Wilson v. Layne, 526 U.S. 603, (1999) (establishing qualified immunity due to lack of substantially similar precedent). In granting qualified immunity to the law enforcement officials, the Wilson Court stated that although there were cases somewhat analogous to the present case, they lacked the specificity required to represent a consensus of cases of persuasive authority establishing constitutional violation. Id. at 617. The Court s inconsistent decision-making regarding qualified immunity, as well as the tension between maintenance of an efficient government and the protection of individual rights, resulted in scholarly criticism of the qualified immunity doctrine and proposals for alternative solutions. See, e.g., R. George Wright, Qualified and Civic Immunity in Section 1983 Actions: What Do Justice and Efficiency Require?, 49 SYRACUSE L. REV. 1, 30 (1998) (emphasizing unfairness of qualified immunity doctrine and proposing vicarious liability of governmental entities); Corn, supra note 1, at (suggesting separate lawsuit for losing defendant to sue governmental entity for indemnification); Kirby, supra note 16, at 485 (recommending abrogation of qualified immunity doctrine in favor of insurance and indemnification) U.S. at 741 (rejecting requirement of tight factual similarity between precedent and present case). 31. Id. The Court noted that the Lanier decision expressly rejected fundamentally similar requirement
6 560 SUFFOLK UNIVERSITY LAW REVIEW [Vol. XXXVII:555 the precedent cases Gates v. Collier and Ort v. White were not fundamentally similar to the facts of the present case, they provided sufficient warning to the prison guards that their conduct crossed the line of what is constitutionally permissible. 32 The Court further noted that the prison guards noncompliance with the regulations of the Alabama Department of Corrections (DOC) pertaining to the use of the hitching post demonstrated that the prison guards were fully aware of the wrongful character of their conduct. 33 Finally, the fact that the United States Department of Justice specifically advised the DOC of the unconstitutionality of the cuffing practice further supported the view that a reasonable official would have realized that his/her actions were unlawful. 34 The Court held that the obvious cruelty inherent in the practice of cuffing inmates to the hitching post, together with the Eleventh Circuit precedent of Gates and Ort and the report from the Department of Justice condemning the practice, provided fair and clear warning, sufficient to bar the defense of qualified immunity. 35 In Hope v. Pelzer, the Court reduced the scope of the qualified immunity defense thereby affording more protection for individual rights at the cost of undermining the efficiency of government operations. 36 Heavily relying on Lanier, the Court broadened the definition of the clearly established prong of the Harlow test by eliminating the necessity of a strong factual similarity and focused on whether prior decisions, despite notable factual distinctions, gave fair warning to the officials that their conduct was unconstitutional. Id.; see supra note 29 and accompanying text (setting forth holding of Lanier) U.S. at 743; see supra note 11 (examining decisions in Gates v. Collier and Ort v. White). The Court reasoned that the ruling in Gates, establishing that cuffing a prisoner to a stationary object violates the Eighth Amendment, gives sufficient notice to a prison guard that cuffing a prisoner to a hitching post is unlawful. 536 U.S. at Additionally, one of the premises in Ort was that physical abuse directed at [a] prisoner after he terminate[s] his resistance to authority would constitute an actionable [E]ighth [A]mendment violation. Id. at 743 (quoting Ort v. White, 813 F.2d 318, 324 (1987)). Thus, the fact that the prison guards had subdued Hope before cuffing him to a hitching post should have provided them with a fair warning that their actions were unconstitutional. Id. (citing Ort, 813 F.2d at 318). The Court, however, failed to examine the impact of the recent decisions of the district court in Alabama that did not establish constitutional violation when handcuffing inmates to a hitching post. Id. at 755 (Thomas, J., dissenting); see infra note 41 and accompanying text (arguing recent Alabama decisions do not provide notice of unconstitutionality to prison guards) U.S. at 744. The DOC regulation, while allowing the use of the hitching post, provides that an activity log should be completed for each inmate, detailing his responses to offers of water and bathroom breaks every 15 minutes. Id. Hope s record, however, does not contain such a log for the seven-hour cuffing period, thus indicating that the prison guards did not make the periodic offers as the regulation required. Id. Arguably, the lack of factual specificity in Hope s allegations undermines the contention that the prison guards actually violated the DOC regulation. Id. at 749 (Thomas, J., dissenting); see infra note 40 and accompanying text (observing effect of insufficiency of Hope s pleadings). 34. Id. at 744. Although the Department of Justice informed the DOC that the use of the hitching post constituted improper corporal punishment, the record contained no indication that the prison guards knew of this communication. Id. at Id. at (summarizing reasons for preclusion of qualified immunity defense). 36. Id. at ; see supra notes 16, 18 and accompanying text (analyzing pragmatic compromise of qualified immunity doctrine to accommodate both individual rights and effective government).
7 2004] CASE COMMENT 561 between the precedent and the present case. 37 Based on this newly established definition, the Court accurately concluded that the decisions in Gates and Ort, while factually distinct from the case at issue, provided the prison guards with adequate warning of the unconstitutionality of their conduct and thus precluded the defense of qualified immunity. 38 As Justice Thomas correctly articulated in his dissent, however, the Court overlooked a number of important considerations in its decision. 39 First, the Court failed to recognize that Hope s allegations lacked specificity, weakening the assertion of a violation of Hope s Eighth Amendment rights. 40 Second, in its analysis of whether the law was clearly established at the time of the incident, the Court ignored the recent decisions of the district courts in Alabama that directly dealt with the use of the hitching post and never established the illegality of such practice. 41 Instead, the Court focused on Ort, where the proposition, in dicta, does not even come close to clearly establishing the unconstitutionality of the conduct at issue. 42 Arguably, the Court s reliance on Gates is more on point; however, the breadth of the Gates decision is insufficient to provide clear notice to the prison guards of their unlawful action. 43 Third, the Court s acknowledgment that the DOC authorized the use of the hitching post fails to provide support for its decision. 44 Rather, it favors the U.S. at 741. Although earlier cases involving fundamentally similar facts can provide especially strong support for a conclusion that the law is clearly established, they are not necessary to such a finding. Id.; see United States v. Lanier, 520 U.S. 259, 269 (establishing notice of unconstitutionality of government officials conduct in absence of fundamentally similar precedent); see also supra note 28 and accompanying text (listing court decisions not requiring substantial similarity to precedent in finding unconstitutional conduct). 38. See supra note 32 and accompanying text (applying decisions in Gates and Ort to present case) U.S. at (Thomas, J., dissenting) (pointing out flaws in Court s decision). 40. Id. at 749 (criticizing Court s neglect of imprecise account of facts). For instance, the pleadings are unclear as to which one of the prison guards was involved in, or was responsible for, any of the June 7th events other than attaching Hope to the hitching post. Id. at Such lack of factual detail in the pleadings renders the Court s explanation of the Eighth Amendment violation woefully incomplete. Id. at 751; see Norman & Daly, supra note 24 (discussing heightened pleading standard and necessity of factual specificity in adjudication of 1983 claims) U.S. at (Thomas, J., dissenting). In a number of cases decided before 1995, Alabama federal district courts rejected claims that handcuffing a prisoner to a hitching post violated the Eighth Amendment. Id. at Based on those decisions, a reasonable prison guard would not have known that his conduct was unlawful. Id. at Id. at (Thomas, J., dissenting) (disapproving of Court s inappropriate reliance on Ort); see supra note 11 and accompanying text (examining Ort decision in relation to present case) U.S. at (Thomas, J., dissenting) (acknowledging relevance of Gates decision and its insufficiency to clearly establish constitutional violation); see supra note 11 and accompanying text (discussing Gates and its application to present case) U.S. at 760 (Thomas, J., dissenting). The DOC expressly authorized prison guards to attach prisoners to a hitching post if they were disruptive to the work squad. Id.; see supra note 33 and accompanying text (listing other regulations of DOC pertaining to use of hitching post). Hope disrupted the work squad with his altercation with another inmate and a guard. 536 U.S. at 760; see supra note 6 and accompanying text (setting forth facts of case).
8 562 SUFFOLK UNIVERSITY LAW REVIEW [Vol. XXXVII:555 upholding of the qualified immunity protection. 45 Finally, the Court s recognition that the Department of Justice s disapproval of the practice never reached the prison guards, leads to the conclusion that an ordinary prison guard would not have known that the method of punishment was clearly unconstitutional. 46 The Court, in Hope v. Pelzer, attempted to refine the standard for determining what constitutes a clearly established law. In its decision, the Court overlooked many significant issues present in this particular case; thus, it unjustly denied the prison guards protection from liability. Nevertheless, the Court promulgated a clear rule and achieved its goal of resolving the ambiguity regarding the qualified immunity doctrine. Polina R. Bodner U.S. at 760. The prison guards action of cuffing Hope to a hitching post complied with a duly promulgated state regulation. Id.; see supra notes 33, 40 and accompanying text (indicating insufficiency of Hope s pleadings weaken argument of regulations violation) U.S. at (Thomas, J., dissenting) (criticizing Court s inappropriate reliance on report of United States Department of Justice); see supra note 34 and accompanying text (noting no record indicating report of United States Department of Justice reached prison guards).
29 AMJTA 563 Page 1 29 Am. J. Trial Advoc. 563 (Cite as: 29 Am. J. Trial Advoc. 563) American Journal of Trial Advocacy Spring 2006.
29 AMJTA 563 Page 1 (Cite as: ) American Journal of Trial Advocacy Spring 2006 Article *563 SECTION 1983 QUALIFIED IMMUNITY DEFENSE: HOPE'S LEGACY, NEITHER CLEAR NOR ESTABLISHED Richard B. Golden[FNd1]
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 536 U. S. (2002) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationJournal of Criminal Law and Criminology
Journal of Criminal Law and Criminology Volume 93 Issue 4 Summer Article 3 Summer 2003 Hope v. Pelzer: Increasing the Accountability of State Actors in Prison Systems - A Necessary Enterprise in Guaranteeing
More informationSupreme Court of the United States
No. 07-654 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- KENNETH JONES,
More informationQualified Immunity in the Eleventh Circuit After Hope v. Pelzer
Campbell University School of Law Scholarly Repository @ Campbell University School of Law Scholarly Works Faculty Scholarship 2003 Qualified Immunity in the Eleventh Circuit After Hope v. Pelzer Michael
More informationCRS Report for Congress
Order Code RS22312 Updated January 24, 2006 CRS Report for Congress Received through the CRS Web Summary Interrogation of Detainees: Overview of the McCain Amendment Michael John Garcia Legislative Attorney
More informationCase 1:11-cv SAS Document 51 Filed 05/17/12 Page 1 of 8. Plaintiff, Docket Number 11-CV-2694 (SAS)
Case 1:11-cv-02694-SAS Document 51 Filed 05/17/12 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LEROY PEOPLES, - against- Plaintiff, Docket Number 11-CV-2694 (SAS) BRIAN FISCHER,
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. CASE NO. 5D
GEORGE GIONIS, IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001 Appellant, v. CASE NO. 5D00-2748 HEADWEST, INC., et al, Appellees. / Opinion filed November 16, 2001
More informationCriminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute
Fordham Urban Law Journal Volume 5 Number 2 Article 11 1977 Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute William A. Cahill, Jr.
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:07CV137-MU-02
Smith v. Henderson et al Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:07CV137-MU-02 JERRY D. SMITH, ) Plaintiff, ) ) v. ) ORDER ) JOE HENDERSON,
More informationCLEARLY NOT ESTABLISHED: DECISIONAL LAW AND THE QUALIFIED IMMUNITY DOCTRINE
CLEARLY NOT ESTABLISHED: DECISIONAL LAW AND THE QUALIFIED IMMUNITY DOCTRINE Michael S. Catlett * [I]t is reasonable that a fair warning should be given to the world in language that the common world will
More informationCase: 5:17-cv JMH Doc #: 20 Filed: 09/28/18 Page: 1 of 8 - Page ID#: 144
Case: 5:17-cv-00405-JMH Doc #: 20 Filed: 09/28/18 Page: 1 of 8 - Page ID#: 144 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION AT LEXINGTON ALI SAWAF, Individually and as Administrator
More informationHAFER v. MELO et al. certiorari to the united states court of appeals for the third circuit
OCTOBER TERM, 1991 21 Syllabus HAFER v. MELO et al. certiorari to the united states court of appeals for the third circuit No. 90 681. Argued October 15, 1991 Decided November 5, 1991 After petitioner
More informationMunicipal Liability Under 42 U.S.C. 1983: Bennett v. City of Slidell
Louisiana Law Review Volume 45 Number 5 May 1985 Municipal Liability Under 42 U.S.C. 1983: Bennett v. City of Slidell Jane Geralyn Politz Repository Citation Jane Geralyn Politz, Municipal Liability Under
More informationSUPREME COURT OF ALABAMA
Rel: 08/29/2014 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
More informationWe Didn't Know Any Better Defense: The Eighth Circuit's View of Qualified Immunity for Jail Officers Who Detain Arrestees - Hill v.
Missouri Law Review Volume 68 Issue 4 Fall 2003 Article 7 Fall 2003 We Didn't Know Any Better Defense: The Eighth Circuit's View of Qualified Immunity for Jail Officers Who Detain Arrestees - Hill v. McKinley,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Robert Fennell, : Appellant : : No. 1198 C.D. 2015 v. : : Submitted: October 2, 2015 Captain N D Goss, Lieutenant : J. Lear, Lieutenant Allison, : Sgt. Workinger,
More information4/23/2008 9:16:40 PM LITTMAN_NOTE
LITTMAN_NOTE A Second Line of Defense for Public Officials Asserting Qualified Immunity: What Extraordinary Circumstances Prevent Officials from Knowing the Law Governing Their Conduct? Given the complexities
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D February 6, 2009 United States Court of Appeals No. 07-31119 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA v.
More informationFROM THE CIRCUIT COURT OF POWHATAN COUNTY Paul W. Cella, Judge
PRESENT: All the Justices JOHN ALBERT ANDERSON OPINION BY v. Record No. 171562 JUSTICE D. ARTHUR KELSEY MARCH 21, 2019 JEFFREY N. DILLMAN, WARDEN, FLUVANNA CORRECTIONAL CENTER FOR WOMEN, ET AL. FROM THE
More informationUNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:07-cv-424-RJC ) ) ) ) ) ) ) ) ) ) )
Davis v. Central Piedmont Community College Doc. 26 MARY HELEN DAVIS, vs. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:07-cv-424-RJC Plaintiff,
More informationCase 1:11-cv AWI-BAM Document 201 Filed 12/12/14 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Case :-cv-00-awi-bam Document 0 Filed // Page of UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA EUGENE E. FORTE, Plaintiff v. TOMMY JONES, Defendant. CASE NO. :-CV- 0 AWI BAM ORDER ON PLAINTIFF
More informationCase: 4:17-cv Doc. #: 1 Filed: 07/19/17 Page: 1 of 14 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI
Case: 4:17-cv-02017 Doc. #: 1 Filed: 07/19/17 Page: 1 of 14 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI KAREN POWELL, ) ) Plaintiff, ) ) v. ) Cause No.: 4:17-CV-2017
More informationUNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before TYMKOVICH, HOLLOWAY, and MATHESON, Circuit Judges.
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit MASCARENAS ENTERPRISES, INC., Plaintiff-Appellant, FOR THE TENTH CIRCUIT August 14, 2012 Elisabeth A. Shumaker Clerk of
More informationIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Bogullavsky v. Conway Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ILYA BOGUSLAVSKY, : No. 3:12cv2026 Plaintiff : : (Judge Munley) v. : : ROBERT J. CONWAY, : Defendant
More informationCOMPLAINT NATURE OF THE ACTION PARTIES
Case 6:17-cv-06004-MWP Document 1 Filed 01/03/17 Page 1 of 19 UNITED STATES DISTRICT COURT for the WESTERN DISTRICT OF NEW YORK DUDLEY T. SCOTT, Plaintiff, -vs- CITY OF ROCHESTER, MICHAEL L. CIMINELLI,
More informationOF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 RICHARD MOODY, SR., ** KATHLEEN MOODY, RICHARD
More informationUS AIRWAYS V. NATIONAL MEDIATION BOARD: FIRST AMENDMENT RIGHTS AND THE RIGHT OF SELF-ORGANIZATION UNDER THE RLA
US AIRWAYS V. NATIONAL MEDIATION BOARD: FIRST AMENDMENT RIGHTS AND THE RIGHT OF SELF-ORGANIZATION UNDER THE RLA By Robert A. Siegel O Melveny & Myers LLP Railway and Airline Labor Law Committee American
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D.C. Docket No. 1:13-cv WS-B
Case: 14-12006 Date Filed: 03/27/2015 Page: 1 of 12 DONAVETTE ELY, versus IN THE UNITED STATES COURT OF APPEALS MOBILE HOUSING BOARD, FOR THE ELEVENTH CIRCUIT No. 14-12006 D.C. Docket No. 1:13-cv-00105-WS-B
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
ROBERT B. SYKES (#3180 bob@sykesinjurylaw.com ALYSON E. CARTER (#9886 alyson@sykesinjurylaw.com ROBERT B. SYKES & ASSOCIATES, P.C. 311 South State Street, Suite 240 Salt Lake City, Utah 84111 Telephone
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Kenneth Fortune, Petitioner v. No. 644 M.D. 2012 John E. Wetzel, Submitted April 5, 2013 Respondent OPINION NOT REPORTED MEMORANDUM OPINION PER CURIAM FILED June
More informationThe Need for Sneed: A Loophole in the Armed Career Criminal Act
Boston College Law Review Volume 52 Issue 6 Volume 52 E. Supp.: Annual Survey of Federal En Banc and Other Significant Cases Article 15 4-1-2011 The Need for Sneed: A Loophole in the Armed Career Criminal
More informationConstitutional Law - Damages for Fourth Amendment Violations by Federal Agents
DePaul Law Review Volume 21 Issue 4 Summer 1972: Symposium on Federal-State Relations Part II Article 11 Constitutional Law - Damages for Fourth Amendment Violations by Federal Agents Anthony C. Sabbia
More information1 U.S. CONST. amend. XI. The plain language of the Eleventh Amendment prohibits suits against
CONSTITUTIONAL LAW STATE EMPLOYEES HAVE PRIVATE CAUSE OF ACTION AGAINST EMPLOYERS UNDER FAMILY AND MEDICAL LEAVE ACT NEVADA DEPARTMENT OF HUMAN RESOURCES V. HIBBS, 538 U.S. 721 (2003). The Eleventh Amendment
More informationUnited States Court of Appeals For the Eighth Circuit
United States v. Kevin Brewer Doc. 802508136 United States Court of Appeals For the Eighth Circuit No. 13-1261 United States of America lllllllllllllllllllll Plaintiff - Appellee v. Kevin Lamont Brewer
More informationStrickland v. Washington 466 U.S. 668 (1984), still control claims of
QUESTION PRESENTED FOR REVIEW Does the deficient performance/resulting prejudice standard of Strickland v. Washington 466 U.S. 668 (1984), still control claims of ineffective assistance of post-conviction
More informationWest s Law Encyclopedia of American Law: 42 USC 1983
West s Law Encyclopedia of American Law: 42 USC 1983 Section 1983 of title 42 of the U.S. Code is part of the Civil Rights Act of 1871. This provision was formerly enacted as part of the Ku Klux Klan Act
More informationFederal Procedure - Diversity Jurisdiction - Unincorporated Labor Unions. United Steelworkers of America v. Bouligny, 86 S. Ct.
William & Mary Law Review Volume 7 Issue 2 Article 22 Federal Procedure - Diversity Jurisdiction - Unincorporated Labor Unions. United Steelworkers of America v. Bouligny, 86 S. Ct. 272 (1965) David K.
More informationBrowning-Ferris Industries v. Kelco Disposal, Inc.: The Excessive Fines Clause and Punitive Damages
Case Western Reserve Law Review Volume 40 Issue 2 1989 Browning-Ferris Industries v. Kelco Disposal, Inc.: The Excessive Fines Clause and Punitive Damages Donald S. Yarab Follow this and additional works
More informationIn the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Wednesday, the 31st day of March, 2004.
VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Wednesday, the 31st day of March, 2004. Dennis Mitchell Orbe, Appellant, against Record No. 040673
More information5 Suits Against Federal Officers or Employees
5 Suits Against Federal Officers or Employees 5.01 INTRODUCTION TO SUITS AGAINST FEDERAL OFFICERS OR EMPLOYEES Although the primary focus in this treatise is upon litigation claims against the federal
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION OPINION & ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION LA COMISION EJECUTIVA } HIDROELECCTRICA DEL RIO LEMPA, } } Movant, } } VS. } MISC ACTION NO. H-08-335 } EL PASO CORPORATION,
More informationUNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LARRY MASON; individually and : on behalf of a class similarly situated; : MODESTO RODRIGUEZ; : individually and on behalf of a class : CIVIL ACTION
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
Case 5:06-cv-00591-F Document 21 Filed 08/04/2006 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ERIC ALLEN PATTON, ) ) Plaintiff, ) ) vs. ) Case No. CIV-06-0591-F
More informationA PLAINTIFF S GUIDE TO CIVIL IMMUNITY
A PLAINTIFF S GUIDE TO CIVIL IMMUNITY Mike Comer Patterson Comer Law Firm 0 Main Ave., Ste. A Norport, AL 5476 (05) 759-99 Ph. (05) 759-99 Fax Immunity from e civil liability at ordinarily attaches to
More informationOCTOBER 2014 LAW REVIEW CONCUSSION TRAINING LACKING IN FEDERAL CIVIL RIGHTS CLAIM
CONCUSSION TRAINING LACKING IN FEDERAL CIVIL RIGHTS CLAIM James C. Kozlowski, J.D., Ph.D. 2014 James C. Kozlowski Within the context of public parks, recreation, and sports, personal injury liability for
More informationCase 3:17-cv DJH Document 3 Filed 02/06/17 Page 1 of 10 PageID #: 13
Case 3:17-cv-00071-DJH Document 3 Filed 02/06/17 Page 1 of 10 PageID #: 13 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION [Filed Electronically] JACOB HEALEY and LARRY LOUIS
More informationWilliams v. Winn Dixie: In Consideration of a Compromise's Clause
Louisiana Law Review Volume 46 Number 2 November 1985 Williams v. Winn Dixie: In Consideration of a Compromise's Clause Brett J. Prendergast Repository Citation Brett J. Prendergast, Williams v. Winn Dixie:
More informationCASE NO. 1D the dismissal with prejudice of appellant s four-time amended complaint. Upon
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHARLES J. DAVIS, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-2119
More informationFifty States, Thirteen Circuits, and One Clearly Established Federal Law Why the Supreme Court is the Only Relevant Arbiter of Federal Law for
Fifty States, Thirteen Circuits, and One Clearly Established Federal Law Why the Supreme Court is the Only Relevant Arbiter of Federal Law for Qualified Immunity. by Kevin Stokes Submitted in partial fulfillment
More informationSUPREME COURT OF THE UNITED STATES
(Bench Opinion) OCTOBER TERM, 1999 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes
More informationNordstrom v. Ryan: Inmate s Legal Correspondence Between His or Her Attorney is Still Constitutionally Protected
Golden Gate University Law Review Volume 48 Issue 1 Ninth Circuit Survey Article 8 January 2018 Nordstrom v. Ryan: Inmate s Legal Correspondence Between His or Her Attorney is Still Constitutionally Protected
More informationU.S. Court of Appeals for the Second Circuit 810 F.2d 34 (2d Cir. 1987) Joseph A. Maria, P.C., White Plains, N.Y., for plaintiff-appellant.
C.p. Chemical Company, Inc., Plaintiff appellant, v. United States of America and U.S. Consumer Product Safetycommission, Defendantsappellees, 810 F.2d 34 (2d Cir. 1987) U.S. Court of Appeals for the Second
More informationCase 2:99-cv TMP Document 12 Filed 04/23/1999 Page 1 of 18. SOUi'Il:E1liiJEIRN ID IVI.8I ON
,.~, j~' ",...,c,,~ Case 2:99-cv-00110-TMP Document 12 Filed 04/23/1999 Page 1 of 18 IN THE WI1l'EiID S'1>A:'m!ES,DISTRIC'f COURT FOR THE W1(i))~T~iB~[J;n!S'fRICT OF ALA!B:A:M!A SOUi'Il:E1liiJEIRN ID IVI.8I
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
2:17-cv-13241-BAF-DRG Doc # 1 Filed 10/03/17 Pg 1 of 20 Pg ID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SHARON STEIN, as Personal Representative of the Estate of JOHN
More informationPatterson v. School Dist U.S. Dist. LEXIS 10245; (E.D. PA 2000)
Opinion Clarence C. Newcomer, S.J. Patterson v. School Dist. 2000 U.S. Dist. LEXIS 10245; (E.D. PA 2000) MEMORANDUM Presently before the Court are defendants' Motions for Summary Judgment and plaintiff's
More informationUNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
CASE 0:12-cv-00738-MJD-AJB Document 3 Filed 03/29/12 Page 1 of 21 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Melissa Hill, v. Plaintiff, Civil File No. 12-CV-738 MJD/AJB AMENDED COMPLAINT AND DEMAND
More informationMCNABB ASSOCIATES, P.C.
1101 PENNSYLVANIA AVENUE SUITE 600 WASHINGTON, D.C. 20004 345 U.S. App. D.C. 276; 244 F.3d 956, * JENNIFER K. HARBURY, ON HER OWN BEHALF AND AS ADMINISTRATRIX OF THE ESTATE OF EFRAIN BAMACA-VELASQUEZ,
More informationCase 4:12-cv RBP Document 31 Filed 01/02/13 Page 1 of 7
Case 4:12-cv-02926-RBP Document 31 Filed 01/02/13 Page 1 of 7 FILED 2013 Jan-02 AM 08:54 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 8:16-cr EAK-MAP-1.
USA v. Iseal Dixon Doc. 11010182652 Case: 17-12946 Date Filed: 07/06/2018 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 17-12946 Non-Argument Calendar
More informationDistrict Attorney's Office v. Osborne, 129 S.Ct (2009). Dorothea Thompson' I. Summary
Thompson: Post-Conviction Access to a State's Forensic DNA Evidence 6:2 Tennessee Journal of Law and Policy 307 STUDENT CASE COMMENTARY POST-CONVICTION ACCESS TO A STATE'S FORENSIC DNA EVIDENCE FOR PROBATIVE
More informationNo up eme eurt ef tate LINDA LEWIS, AS MOTHER AND PERSONAL REPRESENTATIVE OF THE ESTATE OF HER SON, DONALD GEORGE LEWIS,
No. 09-420 Supreme Court. U S FILED NOV,9-. 2009 OFFICE OF HE CLERK up eme eurt ef tate LINDA LEWIS, AS MOTHER AND PERSONAL REPRESENTATIVE OF THE ESTATE OF HER SON, DONALD GEORGE LEWIS, V. Petitioner,
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HON. RICHARD ALAN ENSLEN
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BONITA CLARK-MURPHY, as Personal Representative of the Estate of JEFFREY CLARK, Deceased, Case No. 4:04-CV-103 v. Plaintiff,
More informationUNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT * Before KELLY, ANDERSON, and BACHARACH, Circuit Judges.
FILED United States Court of Appeals Tenth Circuit March 17, 2014 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT GROVER MISKOVSKY, Plaintiff - Appellant, v. JUSTIN JONES,
More information3:14-cv SEM-TSH # 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION
3:14-cv-03087-SEM-TSH # 1 Page 1 of 10 E-FILED Wednesday, 26 March, 2014 02:37:15 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD
More informationALYSHA PRESTON. iversity School of Law. North Carolina v. Pearce, 395 U.S. 711, 713 (1969). 2. Id. 3. Id. 4. Id. 5. Id. at
REEVALUATING JUDICIAL VINDICTIVENESS: SHOULD THE PEARCE PRESUMPTION APPLY TO A HIGHER PRISON SENTENCE IMPOSED AFTER A SUCCESSFUL MOTION FOR CORRECTIVE SENTENCE? ALYSHA PRESTON INTRODUCTION Meet Clifton
More informationHannan v. Philadelphia
2009 Decisions Opinions of the United States Court of Appeals for the Third Circuit 1-15-2009 Hannan v. Philadelphia Precedential or Non-Precedential: Non-Precedential Docket No. 07-4548 Follow this and
More informationUNITED STATES COURT OF APPEALS
RECOMMENDED FOR FULLTEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 10a0115p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT AUBREY STANLEY, PlaintiffAppellant, X v. RANDY VINING,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION. CIVIL ACTION NO.: 6:16-cv-106
Williams v. Georgia Department of Corrections Commissioner et al Doc. 24 KELVIN WILLIAMS, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION Plaintiff, CIVIL ACTION
More informationMemorandum of Law. Subject: Legal Summary For TASER Conducted Energy Weapons
Memorandum of Law http://www.taser.com/documents/memorandumoflaw.doc Date: May 3, 2004 To: Distribution From: Douglas E. Klint, Vice President and General Counsel Subject: Legal Summary For TASER Conducted
More informationSupreme Court Section 1983 Decisions: (October 2001 Term)
Touro Law Review Volume 19 Number 1 Symposium: The Fourteenth Annual Supreme Court Review Article 5 April 2015 Supreme Court Section 1983 Decisions: (October 2001 Term) Martin A. Schwartz Touro Law Center,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
Case 1:08-cv-00077-CAP Document 245-1 Filed 09/10/10 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION THOMAS HAYDEN BARNES, * * Plaintiff, * * -vs-
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO. The parties hereby submit to Magistrate Judge Cousins the attached Joint
Case 3:01-cv-01351-TEH Document 2676 Filed 07/17/13 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PRISON LAW OFFICE DONALD SPECTR (83925) STEVEN FAMA (99641) ALISON HARDY (135966) SARA NORMAN (189536)
More informationNo SUPREME COURT OF THE UNITED STATES. Joseph Jones, Desmond Thurston, and Antuwan Ball Petitioner- Appellants,
No. 13-10026 SUPREME COURT OF THE UNITED STATES Joseph Jones, Desmond Thurston, and Antuwan Ball Petitioner- Appellants, v. United States, Respondent- Appellee. Appeal from the United States Court of Appeals
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D.C. Docket No. 2:15-cv BJR-TFM
Case: 16-15861 Date Filed: 06/14/2017 Page: 1 of 15 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 16-15861 D.C. Docket No. 2:15-cv-00653-BJR-TFM CHARLES HUNTER, individually
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION. CIVIL ACTION NO.: 6:15-cv-81
Clark v. Georgia Department of Corrections et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION DARIEN DAMAR CLARK, Plaintiff, CIVIL ACTION NO.: 6:15-cv-81
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 534 U. S. (2001) 1 SCALIA, J., concurring SUPREME COURT OF THE UNITED STATES No. 00 860 CORRECTIONAL SERVICES CORPORATION, PETITIONER v. JOHN E. MALESKO ON WRIT OF CERTIORARI TO THE UNITED STATES
More informationIn the Supreme Court of the United States
No. 07-956 In the Supreme Court of the United States BIOMEDICAL PATENT MANAGEMENT CORPORATION, PETITIONER v. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES ON PETITION FOR A WRIT OF CERTIORARI TO THE
More informationDudley v. Tuscaloosa Co Jail Doc. 79 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION ) ) ) ) ) ) ) ) ) )
Dudley v. Tuscaloosa Co Jail Doc. 79 FILED 2015 Feb-23 PM 04:28 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION JOSHUA RESHI
More informationMelanie Lee, J.D. Candidate 2017
Whether Sovereign Immunity is a Defense for States in Bankruptcy Cases 2016 Volume VIII No. 17 Whether Sovereign Immunity is a Defense for States in Bankruptcy Cases Melanie Lee, J.D. Candidate 2017 Cite
More informationLAW ENFORCEMENT LIABILITY
LAW ENFORCEMENT LIABILITY Carl Ericson ICRMP Risk Management Legal Counsel State Tort Law Tort occurs when a person s behavior has unfairly caused someone to suffer loss or harm by reason of a personal
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. Case No. 8:08-CV-1465-T-33TBM ORDER
Brown v. Hillsborough Area Regional Transit Doc. 28 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IVANHOE G. BROWN, Plaintiff, v. Case No. 8:08-CV-1465-T-33TBM HILLSBOROUGH AREA
More informationIN THE SUPREME COURT OF THE STATE OF FLORIDA
IN THE SUPREME COURT OF THE STATE OF FLORIDA MARK ONDREY, vs. Appellant/Petitioner, FLORENCE PATTERSON, as Personal Representative of the Estate of JOHN WILLIAM PATTERSON, deceased. Case No.: SC04-961
More informationIn the Supreme Court of the United States
No. 07-956 In the Supreme Court of the United States BIOMEDICAL PATENT MANAGEMENT CORPORATION, v. Petitioner, STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, Respondent. On Petition for a Writ of Certiorari
More informationJustice Allah v. Michele Ricci
2013 Decisions Opinions of the United States Court of Appeals for the Third Circuit 7-24-2013 Justice Allah v. Michele Ricci Precedential or Non-Precedential: Non-Precedential Docket No. 12-4095 Follow
More informationREMOVAL TO FEDERAL COURT. Seminar Presentation Rob Foos
REMOVAL TO FEDERAL COURT Seminar Presentation Rob Foos Attorney Strategy o The removal of cases from state to federal courts cannot be found in the Constitution of the United States; it is purely statutory
More information1/7/ :53 PM GEARTY_COMMENT_WDF (PAGE PROOF) (DO NOT DELETE)
Immigration Law Second Drug Offense Not Aggravated Felony Merely Because of Possible Felony Recidivist Prosecution Alsol v. Mukasey, 548 F.3d 207 (2d Cir. 2008) Under the Immigration and Nationality Act
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, No. 07-CV-95-LRR vs. ORDER CRST VAN EXPEDITED, INC., Defendant.
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
Watford v. Miller et al Doc. 37 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MARVIN WATFORD, Plaintiff, v. Case No. 09-C-244 JULIE MILLER, PATRICIA TROCHINSKI, KRISTINE TIMM and ROBERT KRIZ,
More informationHuman Rights Defense Center
Human Rights Defense Center DEDICATED TO PROTECTING HUMAN RIGHTS SENT VIA MAIL AND ELECTRONICALLY Robert Hinchman, Senior Counsel Office of Legal Policy U.S. Department of Justice 950 Pennsylvania Avenue,
More informationThe Supreme Court decision in Halo v. Pulse Electronics changes treble damage landscape
The Supreme Court decision in Halo v. Pulse Electronics changes treble damage landscape Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923, 195 L. Ed. 2d 278 (2016), Shawn Hamidinia October 19, 2016
More informationAre Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference to Class Arbitration
Arbitration Law Review Volume 4 Yearbook on Arbitration and Mediation Article 26 7-1-2012 Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Case :0-cv-0-SRB Document Filed /0/ Page of 0 United States of America, v. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, State of Arizona; and Janice K. Brewer, Governor of
More informationSAN PEDRO V. UNITED STATES 79 E3d 1065 (11th Cir. 1996) United States Court of Appeals for the Eleventh Circuit
Washington and Lee Journal of Civil Rights and Social Justice Volume 3 Issue 1 Article 12 Spring 4-1-1997 SAN PEDRO V. UNITED STATES 79 E3d 1065 (11th Cir. 1996) United States Court of Appeals for the
More informationfirst day of Gupta s trial). 6 Id. at 865.
CRIMINAL LAW SIXTH AMENDMENT SECOND CIRCUIT AFFIRMS CONVICTION DESPITE CLOSURE TO THE PUBLIC OF A VOIR DIRE. United States v. Gupta, 650 F.3d 863 (2d Cir. 2011). When deciding whether to tolerate trial
More informationNO. 45,008-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * Versus * * * * * *
Judgment rendered February 3, 2010. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. NO. 45,008-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * *
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH. Plaintiff, Maximino Arriaga, brings civil-rights claims against Utah State Prison (USP)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH MAXIMINO ARRIAGA, Plaintiff, v. SIDNEY ROBERTS et al. Defendants. MEMORANDUM DECISION & ORDER DISMISSING DEFENDANTS AND GRANTING MOTION FOR SUMMARY
More informationIN THE SUPREME COURT OF FLORIDA CASE NO. SC DENNIS SOCHOR, Appellant, v. STATE OF FLORIDA, Appellee.
IN THE SUPREME COURT OF FLORIDA CASE NO. SC08-1841 DENNIS SOCHOR, Appellant, v. STATE OF FLORIDA, Appellee. ON APPEAL FROM THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY,
More informationE-FILED on 7/7/08 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
E-FILED on //0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 1 0 FREDERICK BATES, v. Plaintiff, CITY OF SAN JOSE, ROBERT DAVIS, individually and in his official
More informationWikiLeaks Document Release
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS21402 Federal Lands, R.S. 2477, and Disclaimers of Interest Pamela Baldwin, American Law Division May 22, 2006 Abstract.
More information