TABLE OF CONTENTS
* SANCHEZ-LOPEZ v. GOVERNMENTAL DEVELOPMENT BANK FOR PUERTO RICO
* US v. EAKMAN
* NAT'L TAXPAYERS UNION v. US SOC. SEC. ADMIN.
* MORRISON v. WARREN
* AM. CIVIL LIBERTIES UNION v. ASHBROOK
* MITCHELL v. FANKHAUSER
* RICCARDO v. RAUSCH
* CLARK v. KANSAS CITY MO
* DAVIS v. KNELL
* GAMBLE v. CALBONE
* DILLARD v. BALDWIN COUNTY COMMISSIONERS
* NATIONAL ALLIANCE v. BD. OF COUNTY COMMISSIONERS================================
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U.S. 1st Circuit Court of Appeals
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SANCHEZ-LOPEZ v. GOVERNMENTAL DEVELOPMENT BANK FOR PUERTO RICO
(07/15/04 - No. 03-1865)
In a political discrimination case, the Court reversed a jury verdict
for plaintiffs, finding that a misapprehension of the defendant's
defense led to an error in the jury form and instruction, causing a
sufficient likelihood of jury confusion.
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/031865.html
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U.S. 3rd Circuit Court of Appeals
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US v. EAKMAN (07/12/04 - No. 03-1835)
Defendant's sentence was vacated since the district judge relied on an
incorrect understanding of the law, mistakenly believing that the Bureau
of Prisons had the discretion to place defendant in a community
corrections center.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/031835p.pdf
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U.S. 4th Circuit Court of Appeals
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NAT'L TAXPAYERS UNION v. US SOC. SEC. ADMIN. (07/15/04 - No. 03-2232)
The Court found that the National Taxpayers Union may not challenge the
constitutionality of section 1140 of the Social Security Act, 42 U.S.C
section 1320b-10, in federal district court, because defendant has not
sought enforcement of the provision against plaintiff, and subsequently,
the court lacks subject-matter jurisdiction.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/032232p.pdf
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U.S. 6th Circuit Court of Appeals
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MORRISON v. WARREN (07/13/04 - No. 02-3672)
The Court found that plaintiff's arbitration hearing, even though
extremely abbreviated, met the requirements of the Fourteenth Amendment
since it constituted a sufficiently meaningful opportunity to satisfy
due process requirements.
To read the full text of this opinion, go to:
http://laws.findlaw.com/6th/04a0223p.html
AM. CIVIL LIBERTIES UNION v. ASHBROOK (07/14/04 - No. 02-3667)
In a challenge to the Establishment Clause, the Court found that
defendant-judge's display of a framed poster of the Ten Commandments on
the wall of his courtroom, next to a poster of the Bill of rights,
violated the Establishment Clause.
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0224p.html
MITCHELL v. FANKHAUSER (07/14/04 - No. 03-5279)
The Court reversed summary judgment in favor of defendant, finding that
plaintiff's right to due process of law was violated by not providing
him with an evidentiary due process hearing to present the reasons for
his termination.
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0225p.html
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U.S. 7th Circuit Court of Appeals
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RICCARDO v. RAUSCH (07/12/04 - No. 02-1961)
The Court reversed a jury's resolution for the plaintiff because it did
not believe a reasonable jury could find that defendant-prison guard
knew or deliberately disregarded the fact that his actions subjected
plaintiff to a substantial risk of serious harm.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/021961pv2.pdf
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U.S. 8th Circuit Court of Appeals
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CLARK v. KANSAS CITY MO (07/13/04 - No. 03-2950 )
The Court reversed plaintiff's jury verdict, stating that her due
process claim fails as a matter of law because school officials
performed unauthorized and random acts, and plaintiff was entitled to
adequate post-deprivation remedies.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032950P.pdf
DAVIS v. KNELL (07/14/04 - No. 02-3923)
In claim against state and county officials for prolonged incarceration
after prisoner was ordered released, district court's denial of
qualified immunity to five of the state defendants is affirmed and
reversed as to one defendant, as continued detention constituted a
deprivation of liberty interest and a constitutional right was clearly
established.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/023923p.pdf
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U.S. 10th Circuit Court of Appeals
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GAMBLE v. CALBONE (07/14/04 - No. 03-6057)
The Court ruled that plaintiff's use of his inmate wages, derived from
prison employment, to pay for certified copies of court records did not
violate Oklahoma Department of Correction policy reserving such funds
for use only after discharge.
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/036057.html
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U.S. 11th Circuit Court of Appeals
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DILLARD v. BALDWIN COUNTY COMMISSIONERS (07/13/04 - No. 03-14668)
In a vote dilution claim, the Court found that a protected minority
group pursuing a vote dilution claim under section 2 of the Voting
Rights Act has no right to relief unless it can demonstrate that its
members would have the size and ability to elect the candidate of its
choice.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0314668p.pdf
NATIONAL ALLIANCE v. BD. OF COUNTY COMMISSIONERS (07/15/04 - No.
03-14690)
The Court dismissed plaintiff's challenge of defendant's decision to
not fund a mental health residential treatment facility, finding that
the plaintiff lacked standing since he asserted that harm only "might"
have happened.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0314690p.pdf
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