Search for: "In re: Biven"
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19 Aug 2008, 8:28 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
18 Mar 2010, 2:47 pm
Instead it was the usual academic Greek chorus of criticism, with the only “diversity” being differing avenues of criticism.Having smacked that one down, we’re feeling like Mickey Mouse as the Sorcerer’s Apprentice in Fantasia – smash one broom and two more rise up in its place. [read post]
5 Nov 2021, 4:05 am
Try winning a Bivens action where the government’s agents engaged in egregious conduct against aninnocent American citizen, a taxpayer, and see how much empathy you get from DoJ. [read post]
18 Jun 2020, 3:57 am
If you’re a cop, ignore the wall at your peril. [read post]
5 Mar 2013, 1:01 pm
§ 2254(d), that a defendant retains a constitutional right to revoke his prior waiver of counsel at trial and require re-appointment of counsel to file a new-trial motion. [read post]
27 Oct 2020, 5:32 am
Sokolova, Alisa DiCaprio and Nicole Bivens Collinson have already written a piece titled ‘Is it time for women leaders in international organizations? [read post]
10 May 2010, 3:46 am
Castaneda, Public Health Service officials refused to authorize medical treatment for a lesion discovered on Castaneda’s penis; when he died a year later, his family sued under what’s known as a Bivens claim, based on a 1971 decision which held that violation of a constitutional right could serve as the basis of civil claim against the government. [read post]
14 Jun 2012, 7:15 am
Royal Dutch Petroleum, the case in which the Court heard oral argument earlier this year but then scheduled for re-argument again next Term. [read post]
7 May 2007, 9:54 am
Smith, Who Says You're Disabled? [read post]
11 Mar 2022, 12:30 pm
Circuit: Not at all clear what that has to do with COVID-19, so we're going to enjoin you from doing that. [read post]
30 Apr 2007, 9:54 am
Smith, Who Says You're Disabled? [read post]
5 Jan 2024, 12:30 pm
Second Circuit (unpublished): Nope, Bivens is dead. [read post]
3 Sep 2021, 12:30 pm
Eleventh Circuit: And they're right. [read post]
5 Feb 2013, 3:44 pm
Pity, then, that this is what we’re left to evaluate. [read post]
26 Sep 2011, 3:46 am
“Civil rights” is a tough area in which to practice law, if you’re representing the plaintiffs. [read post]
21 May 2021, 12:30 pm
Dissent: Uh, guys, the Lanham Act only applies to commercial speech, and all these groups do is endorse political candidates (not to mention the First Amendment problems you're creating). [read post]
14 Jun 2019, 12:30 pm
Paul, Minn. police officer who allegedly fabricated a sex trafficking conspiracy cannot be liable under Bivens. [read post]
4 Aug 2008, 6:17 pm
Circuit Court of Appeals, August 01, 2008 In re: Navy Chaplaincy, No. 07-5359 "In a suit by Navy chaplains alleging that the Navy's retirement system discriminates in favor of Catholic chaplains in violation of the Establishment Clause, dismissal for lack of standing is affirmed where: 1) plaintiffs conceded that they had not suffered employment discrimination themselves; 2) plaintiffs lacked standing as taxpayers; and 3) standing did not arise from injury alleged to flow from the… [read post]
5 Feb 2008, 7:42 am
Mukasey, No. 07-1607 In a suit brought under Bivens and the Federal Tort Claims Act (FTCA) alleging that the defendants engaged in a conspiracy to violate his constitutional rights and created a hostile work environment, dismissal of plaintiff's suit is affirmed where plaintiff's status as a commissioned officer of the Public Health Service (PHS) bars his suit. [read post]
30 Dec 2012, 9:13 pm
Given that so few cases go to trial anymore, this far-reaching expansion of constitutional protections to the critical pretrial stages of criminal matters is a re-fashioning of Bill of Rights protections for a new era. [read post]
