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Table of Contents: Master
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United States Constitutional Law-ebook

Constitution Law Case Summaries

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WEEKLY OPINION SUMMARIES - May 24-28, 2004
CONSTITUTIONAL CASE SUMMARIES
http://findlaw.com
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TABLE OF CONTENTS

* NELSON v. CAMPBELL

* US v. REID

* SANTONI, JR. v. POTTER

* US v. NEWTON

* JOHNSON v. CARROLL

* DIXON v. COBURG DAIRY, INC.

* QUINTERO v. BELL

* KOVACS v. FIRST UNION HOME EQUITY BANK

* FARHAT v. JOPKE

* LAWSON v. HILL

* US v. PARKER

* LITTLE v. ILLINOIS DEP'T OF REVENUE

* ORTIZ v. FORT DODGE CORR. FACILITY

* U.S. v. SERENA

* US v. LIPPMAN

* EDEN ELEC. v. AMANA CO., L.P.

* WEBSTER v. WOODFORD

* SIMENOV v. ASHCROFT

* US v. CAMACHO

* WORLD WIDE VIDEO OF WASHINGTON v. CITY OF SPOKANE

* IN RE MCCARTHY

* RAY v. FOLTZ

* DYSART v. US

* DOBRIN v. FLORIDA DEP'T OF HIGHWAY SAFETY AND MOTOR VEHICLES

* BUNKLEY v. STATE OF FLORIDA

* ACTION APARTMENT ASS'N, INC. v. CITY OF SANTA MONICA

* THE PEOPLE v. HILL

* THE PEOPLE v. SISAVATH

* SOUKUP v. STOCK

* THE PEOPLE v. ALCALA

* THE PEOPLE v. SHABAZZ

* PANENO v. CENTRES FOR ACADEMIC PROGRAMMES ABROAD, LTD.

* THE PEOPLE v. COLT
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U.S. Supreme Court
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NELSON v. CAMPBELL (05/24/04 - No. 03-6821)
When challenging confinement conditions in prison, 42 U.S.C. section
1983 is an appropriate vehicle to bring an Eighth Amendment claim
seeking a temporary stay and permanent injunctive relief.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/us/000/036821.html

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U.S. 1st Circuit Court of Appeals
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US v. REID (05/27/04 - No. 03-1159)
This appeal has been overtaken by changes in the factual and legal
circumstances of defendant's confinement, thus, it is dismissed under
the mootness doctrine barring courts from deciding a case when no
practical consequences would flow from the decision.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/031159.html

SANTONI, JR. v. POTTER (05/27/04 - No. 03-1914)
District court's grant of summary judgment against plaintiff's claims
asserting a variety of federal constitutional and state law claims in
connection with an allegedly unlawful arrest is affirmed.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/031914.html

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U.S. 2nd Circuit Court of Appeals
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US v. NEWTON
(05/26/04 - No. 02-1310)
Police assistance during a reasonable warrantless search by parole
officers does not invalidate the search; The public safety exception to
the Miranda requirment properly allowed defendant's statements at trial.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/021310p.pdf

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U.S. 3rd Circuit Court of Appeals
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JOHNSON v. CARROLL (05/24/04 - No. 03-2101)
Without a showing of actual bias by the state trial judge, petitioner's
writ of habeus corpus must be dismissed pursuant to the guidelines of
the Anti-terrorism and Effective Death Penalty Act of 1996.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/032101p.pdf

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U.S. 4th Circuit Court of Appeals
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DIXON v. COBURG DAIRY, INC. (05/25/04 - No. 02-1266)
In an unlawful termination action involving the right to display the
Confederate battle flag at work, the district court lacked subject
matter jurisdiction to hear the case.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/circs/4th/021266pv3.pdf

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U.S. 6th Circuit Court of Appeals
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QUINTERO v. BELL (05/24/04 - No. 99-6724)
A jury is not fair and impartial under the Sixth Amendment when seven
of its members had previously sat on a jury that convicted defendant's
co-conspirators. (Re-affirmed opinion)

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0150p.html

KOVACS v. FIRST UNION HOME EQUITY BANK (05/26/04 - No. 02-4468)
The bankruptcy trustee is permitted to avoid the mortgages held by the
defendants under 11 U.S.C. section 544.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0153p.html

FARHAT v. JOPKE (05/28/04 - No. 02-1896)
The granting of summary judgment is upheld because plaintiff is unable
to show that he was discharged in retaliation for exercise of his First
Amendment rights.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0158p.html

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U.S. 7th Circuit Court of Appeals
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LAWSON v. HILL (05/24/04 - No. 03-3433)
Plaintiff's suit for an injunction under 42 U.S.C. section 1983 is
denied because she has shown no danger of being prosecuted under the
statue which she is attempting to enjoin.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033433p.pdf

US v. PARKER (05/26/04 - No. 03-1693)
Federal Rules of Criminal Procedure 11 was not violated because
defendant understood that the district court has the discretion to
depart upwardly from the applicable sentencing guideline range.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/031693p.pdf

LITTLE v. ILLINOIS DEP'T OF REVENUE (05/27/04 - No. 02-2507)
Summary judgment was appropriate as to plaintiff's claims under Title
VII of the Civil Rights Act of 1964, 42 U.S.C. section 2400 and First
Amendment retaliation because defendants were able to put forth a
legitimate reason for plaintiff's termination.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/022507p.pdf

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U.S. 8th Circuit Court of Appeals
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ORTIZ v. FORT DODGE CORR. FACILITY (05/25/04 - No. 03-1868)
Prison regulation limiting prisoners' ability to correspond in
languages other than English was reasonably related to a penological
interest, and district court did not err in finding for defendants on
claim that the regulation violated plaintiff's First Amendment right.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/031868p.pdf

U.S. v. SERENA (05/27/04 - No. 03-2618)
Brief inquiries after traffic stop provided a reasonable suspicion of
criminal activity and justified investigative stop and search of vehicle
incident to lawful arrest. Additional claim that defendant was detained
because of his race and appearance is rejected.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032618p.pdf

US v. LIPPMAN (05/27/04 - No. 03-3275)
Constitutional challenge to 18 U.S.C. section 922(g)(8) concerning
possession of a firearm by a person subject to a domestic violence
restraining order is rejected, and the district court did not err in
rejecting defendant's proposed jury instructions.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033275p.pdf

EDEN ELEC. v. AMANA CO., L.P. (05/28/04 - No. 03-2123; 03-2188)
The district court did not err in instructing the jury on fraudulent
misrepresentation and imputation of an agent's actions to its principal,
nor did they err in reducing the punitive damages award.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032123p.pdf

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U.S. 9th Circuit Court of Appeals
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WEBSTER v. WOODFORD (05/25/04 - No. 02-99009)
Petitioner's due process rights were not denied by a judicial expansion
of California's definition of death-qualifying special circumstances in
violation of Bouie v. City of Columbia, 378 U.S. 347 (1964).

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0299009pv2.pdf

SIMENOV v. ASHCROFT (05/27/04 - No. 02-71545)
Petitioner's petition for review of the Board of Immigration Appeals'
final order dismissing his appeal from the Immigration Judge's decision
denying his request for suspension of deportation is denied.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0271545p.pdf

US v. CAMACHO (05/27/04 - No. 02-50629)
Because the use of a "Buster," a radioactive density measuring device,
involved no greater intrusion on defendant than is caused by typcial
vehicle searches, this search was a valid border search that did not
require reasonable suspicion.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0250629p.pdf

WORLD WIDE VIDEO OF WASHINGTON v. CITY OF SPOKANE (05/27/04 - No.
02-35936)
Summary judgment is proper because there is no genuine issue of
material fact regarding plaintiff's claims that defendant's ordinances
were unconstitutional, and whether an amoritization period was required.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0235936p.pdf

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U.S. 10th Circuit Court of Appeals
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IN RE MCCARTHY (05/27/04 - No. 03-4269)
In a matter arises out a continuing fight over the ownership and
control of The Salt Lake Tribune, petitioner's requests for writs of
mandamus and prohibition are denied because they have failed to satisfy
their burden that their right to additional disclosure is clear and
indisputable.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/034269.html

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U.S. 11th Circuit Court of Appeals
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RAY v. FOLTZ (05/24/04 - No. 03-12500)
In an action alleging denial of the substantive due process right to
physical safety as a dependent child in the custody of the Florida
Department of Children and Families, plaintiffs cannot recover unless
they can show that the defendants actually knew of the substantial risk
of harm to the minor and that defendants were deliberately indifferent
to it.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0312500p.pdf

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United States Court of Appeals for the Federal Circuit
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DYSART v. US (05/26/04 - No. 03-5106)
Defendant's motion for summary judgment is affirmed, thus denying
plaintiff's claims for reinstatement to the Navy and medical additional
special pay. The President's decision not to appoint plaintiff to the
grade of rear admiral is not reviewable.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/035106.html

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Supreme Court of Florida
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DOBRIN v. FLORIDA DEP'T OF HIGHWAY SAFETY AND MOTOR VEHICLES (05/27/04
- No. SC02-2540)
The standard to be applied to the facts reflected in the arrest report
in determining whether there was a reasonable basis to stop defendant is
the objective test set forth in Whren v. U.S., 517 U.S. 806 (1996), and
Holland v. State 696 So. 2d 757 (Fla. 1997).

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/floridastatecases/5_2004/sc02-2540.pdf

BUNKLEY v. STATE OF FLORIDA (05/27/04 - No. SC01-297)
The construction of the statute under which petitioner was convicted,
which was set forth in L.B. v. State, 700 So. 2d 370 (Fla. 1997), was a
change in the law to the extent that it differed from the prior
construction of the statute in final decisions of the district courts
and should have no effect on defendant's final judgment of conviction
and sentence.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/floridastatecases/5_2004/sc01-297-remand.pdf

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California Appellate Districts
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ACTION APARTMENT ASS'N, INC. v. CITY OF SANTA MONICA (05/25/04 - No.
B165082)
Provisions of a local ordinance, which address a landlord's efforts to
terminate a tenancy through legal proceedings, are pre-empted because
they are contradictory to state law.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b165082.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b165082.pdf

THE PEOPLE v. HILL (05/26/04 - No. A097724)
The search of defendant's motel room was lawful, even though the police
were unaware of his probation search condition.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a097724.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a097724.pdf

THE PEOPLE v. SISAVATH (05/27/04 - No. F041885)
Four of defendant's abuse convictions are reversed because the
admission of "testimonial" hearsay statements against a criminal
defendant violates the Confrontation Clause of the Sixth Amendment if
the declarant is unavailable to testify at trial and the defendant has
no previous opportunity to cross-examine.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/f041885.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f041885.pdf

SOUKUP v. STOCK (05/27/04 - No. B154311)
The order denying defendant's special motion to strike under Code of
Civil Procedure section 425.16 is reversed.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b154311.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b154311.pdf

THE PEOPLE v. ALCALA (05/27/04 - No. C037000)
Defendant has failed to carry his burden to show that the order
requiring him to register as a sexual offender violates his federal and
state rights to equal protection of the laws.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/c037000.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c037000.pdf

THE PEOPLE v. SHABAZZ (05/27/04 - No. B160417)
The special circumstance finding was appropriate even though the person
defendant killed was not the person he intended to kill.
The
proliferation of special circumstances does not mean the California
death penalty law violates the Eighth Amendment.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b160417.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b160417.pdf

PANENO v. CENTRES FOR ACADEMIC PROGRAMMES ABROAD, LTD. (05/27/04 - No.
B162753)
Defendant's motion to squash service of summons is reversed pursuant to
the "representative services" doctrine which supports general
jurisdiction over defendant because an agent of the company was doing
business in California.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b162753.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b162753.pdf

THE PEOPLE v. COLT (05/27/04 - No. B167293)
Defendant's appeal of the order denying his suppression of evidence
motion is denied because there was no Fourth Amendment violation as he
voluntarily revealed evidence against him.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b167293.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b167293.pdf

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